1-1 By: Bernsen S.B. No. 1649 1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read 1-3 first time and referred to Committee on Finance; April 19, 2001, 1-4 reported favorably by the following vote: Yeas 11, Nays 0, 1 1-5 present, not voting; April 19, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to authorizing overtime compensation for certain state 1-9 employees performing duties related to declared disasters. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter B, Chapter 659, Government Code, is 1-12 amended by adding Section 659.0165 to read as follows: 1-13 Sec. 659.0165. OVERTIME COMPENSATION FOR CERTAIN EMPLOYEES 1-14 PERFORMING DUTIES RELATED TO DISASTERS. (a) This section applies 1-15 only to a state employee who is not eligible to be paid for 1-16 overtime under other law. 1-17 (b) A state employee who performs duties related to a 1-18 disaster that is declared by the president of the United States or 1-19 the governor is entitled to overtime compensation for hours worked 1-20 in excess of 40 hours in a workweek from the day on which the state 1-21 emergency operating center is activated at least at level three 1-22 until the day the disaster field office closes. 1-23 (c) Except as provided by Subsection (d), the employee is 1-24 entitled to compensation for the excess hours: 1-25 (1) for the first 160 hours of overtime worked under 1-26 Subsection (b), in the manner provided by Section 659.015(c); and 1-27 (2) after the first 160 hours of overtime worked under 1-28 Subsection (b), by receiving pay for the overtime at the rate equal 1-29 to 1-1/2 times the employee's regular rate of pay. 1-30 (d) An employee entitled to receive compensation under 1-31 Subsection (c)(1) may receive payment for the overtime or may 1-32 accrue compensatory time for the overtime hours worked, at the 1-33 discretion of the employee. 1-34 SECTION 2. This Act takes effect September 1, 2001. 1-35 * * * * *