78R5883 KEG-F

By:  Bailey                                                       H.B. No. 1640



A BILL TO BE ENTITLED

AN ACT

relating to the work hours of and compensatory time and overtime pay 
for commissioned officers of the Department of Public Safety.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  The section heading to Section 411.016, 
Government Code, is amended to read as follows:
	Sec. 411.016.  HOURS OF WORK; COMPENSATORY TIME; OVERTIME 
[SUPPLEMENTAL] PAY.
	SECTION 2.  Section 411.016, Government Code, is amended by 
amending Subsections (a), (b), (c), and (e) and adding Subsections 
(b-1) and (f) to read as follows:
	(a)  The department shall require officers commissioned by 
the department who are employed on a full-time basis to work 
eight-hour daily shifts for a total of 40 hours during a calendar 
week.  An eight-hour daily shift must include a paid one-hour meal 
break during which the officer shall be required to remain on call 
in the officer's assigned area of duty. [This section applies to an 
officer commissioned by the department who is not employed in a 
position that the director has declared to be administrative, 
executive, or professional.]
	(b)  If, during a calendar week, the total number of hours 
worked by a commissioned officer plus the number of hours of leave 
taken for which the officer is entitled to compensation, including 
approved sick leave, vacation, holiday, holiday compensatory time, 
emergency leave, administrative leave, and jury duty, equal more 
than 40 hours, the officer is entitled to overtime pay or 1-1/2 
hours of compensatory time for each [the] excess hour worked [is 
overtime. For each calendar month, the overtime for each week 
ending during that month shall be totaled.  If the total overtime 
for the month exceeds eight hours, the officer may receive, in 
addition to the officer's regular monthly salary, a supplement 
determined as follows:
		[(1)  a commissioned officer who accumulates more than 
eight hours but less than 16 hours of overtime in a calendar month 
may receive five percent of the officer's regular monthly salary;
		[(2)  a commissioned officer who accumulated 16 or more 
hours but less than 32 hours of overtime in a calendar month may 
receive 10 percent of the officer's regular monthly salary;  and
		[(3)  a commissioned officer who accumulated 32 or more 
hours of overtime in a calendar month may receive 15 percent of the 
officer's regular monthly salary].
	(b-1)  If, during a calendar week, the total number of hours 
worked by a commissioned officer plus the number of hours of leave 
taken for which the officer is entitled to compensation, including 
approved sick leave, vacation, holiday, holiday compensatory time, 
emergency leave, administrative leave, and jury duty, equal more 
than 48 hours, the officer is entitled to overtime pay for each 
excess hour worked.
	(c)  [The formula prescribed by Subsection (b) is the 
exclusive method of computing state compensation for overtime 
entitlements.]  This section applies only to the computation of 
overtime entitlements and does not apply to the method of 
compensating a commissioned officer for working on regularly 
scheduled state holidays.
	(e)  Overtime pay earned by an officer under this section 
shall be paid at a rate of 1-1/2 the amount of the officer's regular 
hourly pay rate [If the funds appropriated to the department to 
provide supplemental pay are insufficient to pay all earned 
overtime entitlements, the director may provide for compensatory 
time to be taken during the biennium in which the entitlements are 
earned].
	(f)  If a conflict exists between this section and Section 
659.015, this section controls.
	SECTION 3.  This Act takes effect September 1, 2003.