LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION
 
March 30, 2005

TO:
Honorable Joe Driver, Chair, House Committee on Law Enforcement
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB1196 by Naishtat (Relating to the work hours of and compensatory time and overtime pay for commissioned officers of the Department of Public Safety.), As Introduced



Estimated Two-year Net Impact to General Revenue Related Funds for HB1196, As Introduced: a negative impact of ($20,000) through the biennium ending August 31, 2007.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2006 ($10,000)
2007 ($10,000)
2008 ($10,000)
2009 ($10,000)
2010 ($10,000)




Fiscal Year Probable Savings/(Cost) from
GENERAL REVENUE FUND
1 		Probable Savings/(Cost) from
STATE HIGHWAY FUND
6 		Probable Savings/(Cost) from
OPER & CHAUFFEURS LIC AC
99 		Probable Savings/(Cost) from
FEDERAL FUNDS
555
2006 ($10,000) ($5,720,000) ($15,000) ($362,000)
2007 ($10,000) ($5,720,000) ($15,000) ($362,000)
2008 ($10,000) ($5,720,000) ($15,000) ($362,000)
2009 ($10,000) ($5,720,000) ($15,000) ($362,000)
2010 ($10,000) ($5,720,000) ($15,000) ($362,000)

Fiscal Analysis

The bill would amend the Government Code as it relates to the work hours, compensatory time, and overtime pay for commissioned officers of the Department of Public Safety (DPS).
 
The bill would amend the Government Code to require DPS to require officers commissioned by DPS and employed full-time, to work 8-hour daily shifts for a total of 40 hours during a calendar week.  The 8-hour shifts would include a paid one-hour meal break in which the officer is required to remain on call in the officer’s assigned area of duty. Commissioned officers whose total number of hours during a calendar week is more than 40 hours would be entitled to overtime pay or 1 ½ hours of compensatory time for each excess hour worked, under the provisions of the bill. The bill would entitle commissioned officers whose total number of hours during a calendar week is more than 48 hours to overtime pay for each excess hour worked and require that overtime be paid at 1½ times the officer’s regular hourly pay rate. The hours during a calendar week would include the total number of hours worked 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. 
 
The bill would take effect on September 1, 2005.

Methodology

The Comptroller of Public Accounts (CPA) obtained data on DPS trooper base and overtime pay for the past five years. The CPA subtracted costs based on historical experience from the estimated costs that would be incurred under the provisions of the bill. The CPA estimated the total costs to be $6,107,000 per fiscal year. The CPA distributed the estimated costs to specific funds according to DPS's current method of finance. 


Local Government Impact

No significant fiscal implication to units of local government is anticipated.


Source Agencies:
304 Comptroller of Public Accounts, 405 Department of Public Safety
LBB Staff:
JOB, KJG, VDS, SJ, LM