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AN ACT
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relating to hours of labor in certain fire departments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 142.0015(b), (c), (d), and (e), Local |
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Government Code, are amended to read as follows: |
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(b) A fire fighter or a member of a fire department who |
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provides emergency medical services, other than the fire chief or |
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the assistant chief or an equivalent classification [who is not
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exempt under the Fair Labor Standards Act of 1938, 29 U.S.C. Section
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201 et seq.], and who is required or permitted to work more than the |
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number of hours that bears the same ratio to 212 hours as the number |
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of days in the work period bears to 28 days is considered to have |
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worked overtime. The person is entitled to be compensated for the |
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overtime as provided by Subsection (e). |
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(c) A member of a fire department who does not fight fires or |
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provide emergency medical services, including a mechanic, clerk, |
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investigator, inspector, fire marshal, fire alarm dispatcher, and |
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maintenance worker, other than the fire chief or the assistant |
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chief or an equivalent classification [who is not exempt under the
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Fair Labor Standards Act of 1938, 29 U.S.C. section 201 et seq.], |
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and who is required or permitted to average more hours in a week |
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than the number of hours in a normal work week of the majority of the |
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employees of the municipality other than fire fighters, emergency |
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medical service personnel, and police officers, is considered to |
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have worked overtime. The person is entitled to be compensated for |
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the overtime as provided by Subsection (e). |
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(d) In computing the hours worked in a work week or the |
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average number of hours worked in a work week during a work cycle of |
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a fire fighter or other member of a fire department covered by this |
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section [and 29 U.S.C. Section 207(k) and as provided by
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Subsections (b) and (c)], all hours are counted during which the |
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fire fighter or other member of a fire department is required to |
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remain on call on the employer's premises or so close to the |
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employer's premises that the person cannot use those hours |
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effectively for that person's own purposes. Hours in which the fire |
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fighter or other member of a fire department is required only to |
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leave a telephone number at which that person may be reached or [is
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required] to remain accessible by radio or pager are not counted. |
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In computing the hours in a work week or the average number of hours |
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in a work week during a work cycle of a fire fighter or a member of a |
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fire department who provides emergency medical services, vacation, |
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sick time, holidays, time in lieu of holidays, or compensatory time |
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may be excluded as hours worked. |
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(e) A fire fighter or other member of a fire department may |
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be required or permitted to work overtime. A fire fighter or other |
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member of a fire department, other than the fire chief or the |
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assistant chief or an equivalent classification, [who is not exempt
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under the Fair Labor Standards Act of 1938, 29 U.S.C. Section 201 et
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seq., and] who is required or permitted to work overtime as provided |
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by Subsections (b) and (c) is entitled to be paid overtime for the |
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excess hours worked without regard to the number of hours worked in |
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any one week of the work cycle. Overtime hours are paid at a rate |
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equal to 1-1/2 times the compensation paid to the fire fighter or |
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member of the fire department for regular hours. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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____________________________________________________________ |
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President of the SenateSpeaker of the House |
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I certify that H.B. No. 1562 was passed by the House on March |
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22, 2007, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1562 was passed by the Senate on May |
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1, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |