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79R7305 KEG-D

By:  Herrero                                                      H.B. No. 3444



A BILL TO BE ENTITLED

AN ACT

relating to overtime compensation earned by certain state 
employees.        
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 659.015(e), Government Code, is amended 
to read as follows:
	(e)  An employee may not accumulate more than 12 [240] hours 
of overtime credit that may be taken as compensatory leave under 
Subsection (c)(1) [, except that an employee engaged in a public 
safety activity, an emergency response activity, or a seasonal 
activity may accumulate, in accordance with 29 U.S.C.  Section 
207(o)(3)(A), not more than 480 hours of overtime credit that may be 
taken as compensatory leave under Subsection (c)(1)].  An employee 
must be paid at the rate prescribed by Subsection (c)(2) for the 
number of overtime hours the employee works that cause the employee 
to exceed the amount of overtime credit the employee may 
accumulate.  In this subsection, "overtime credit" means the number 
of hours that is computed by multiplying the number of overtime 
hours worked by 1-1/2.
	SECTION 2.  Section 659.017, Government Code, is amended to 
read as follows: 
	Sec. 659.017.  OVERTIME COMPENSATION FOR LEGISLATIVE 
EMPLOYEES.  (a)  In this section, "overtime credit" means the number 
of hours that is computed by multiplying the number of overtime 
hours worked by 1-1/2.
	(b)  Consistent with the requirements of Subsection (c) and
the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 
et seq.), overtime pay and compensatory time off for employees of 
the legislative branch, including employees of the lieutenant 
governor, are determined:
		(1)  for employees of the house of representatives or 
the senate, by the presiding officer of the appropriate house of the 
legislature;
		(2)  for employees of an elected officeholder, by the 
employing officeholder; and
		(3)  for employees of a legislative agency, by the 
administrative head of the agency.
	(c)  An employee of the legislative branch, including  an 
employee of the lieutenant governor, who is subject to the 
requirements of the federal Fair Labor Standards Act of 1938 (29 
U.S.C.  Section 201 et seq.) may not accumulate more than 12 hours 
of overtime credit for work that is not related to a legislative 
session, as determined by the appropriate person described by 
Subsection (b), that may be taken as compensatory time off.  An 
employee must be paid at the rate equal to 1–1/2 times the 
employee's regular rate of pay for the number of overtime hours the 
employee works that cause the employee to exceed the amount of 
overtime credit the employee may accumulate.
	(d)  Subject to any limitations prescribed by the 
appropriate person described by Subsection (b), a legislative 
employee may carry forward accumulated balances of overtime credit 
for work that is related to a legislative session, as determined by 
the appropriate person described by Subsection (b), for use by the 
employee during a time when the legislature is not in session.  
Subsection (c) does not apply to hours of work covered by this 
subsection.
	SECTION 3.  This Act takes effect September 1, 2005.