BILL ANALYSIS
By: Bailey
BACKGROUND AND PURPOSE
Local Government Code Section 142.0015 provides the hours of work for a fire fighter employed in a municipality with a population greater than 10,000. A municipality may establish a work cycle for a period up to 28 days before the fire fighter becomes eligible for overtime after working at least 212 hours during the work cycle. The Federal Fair Labor Standards Act (FLSA) provides the same protections for both the fire fighter and for a municipality. However, under the current Texas law several unnecessary references are made to the FLSA.
The purpose of this bill is to clarify Texas law by removing the references made to FLSA, and instead insert statutory language which reflects the current application of Section 142.0015.
RULEMAKING AUTHORITY
It is the opinion of the committee that this bill does not expressly grant any additional rulemaking authority to a State officer, department, agency, or institution.
SECTION- BY-SECTION ANALYSIS
SECTION 1. Would remove all references to the Fair Labor Standards Act of 1938, 29 U.S.C. Section 201 et seq. and inserts the existing exemption from overtime for a fire chief, or the assistant fire chief or the rank equivalent to assistant fire chief.
SECTION 2. Provides that this Act would take effect immediately if it receives a two-thirds vote of all the members of each house but would, in the alternative, take effect September 1, 2007, if it does not receive such votes.
EFFECTIVE DATE
This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.