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.
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