H.B. 769 78(R)    BILL ANALYSIS


H.B. 769
By: Solis
Law Enforcement
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

State employees who work state or federal holidays are entitled to
compensatory time off during the 12 months after the holiday, but not if
the holiday falls on a Saturday or Sunday.  In 2001, the 77th Legislature
authorized Department of Public Safety (DPS) troopers who often must work
holidays such as Christmas and the Fourth of July to receive one hour of
compensatory time for each hour worked on a state or federal holiday if
the holiday falls on a Saturday or Sunday.  However, DPS employees who
perform communications or dispatch services related to traffic law
enforcement are not eligible to receive the same compensatory time off.
House Bill 769 entitles a state employee who is employed by the DPS to
perform communications or dispatch services related to traffic law
enforcement to receive one hour of compensatory time for each hour worked
on a state or federal holiday if the holiday falls on a Saturday or
Sunday.  


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

House Bill 769 amends Section 662.005(b), Government Code, by authorizing
that, except as provided by Section 662.010 (no holiday pay for one who
begins work the day after a holiday or leaves their position the day
before a holiday), and notwithstanding Section 659.015 (subjecting
overtime pay to Fair Labor Standards Act) or another law, a state employee
who is employed by the Department of Public Safety to perform
communications or dispatch services related to traffic law enforcement and
who is required to work on a national or state holiday that falls on a
Saturday or Sunday is entitled to compensatory time off at the rate of one
hour for each hour worked on the holiday.  


EFFECTIVE DATE

This Act takes effect September 1, 2003.