| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to hours of labor in certain fire departments. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 142.0015(b), (c), (d), and (e), Local |
|
|
Government Code, are amended to read as follows: |
|
|
(b) A fire fighter or a member of a fire department who |
|
|
provides emergency medical services, other than the fire chief or |
|
|
the assistant chief or an equivalent classification [who is not
|
|
|
exempt under the Fair Labor Standards Act of 1938, 29 U.S.C. Section
|
|
|
201 et seq.], and who is required or permitted to work more than the |
|
|
number of hours that bears the same ratio to 212 hours as the number |
|
|
of days in the work period bears to 28 days is considered to have |
|
|
worked overtime. The person is entitled to be compensated for the |
|
|
overtime as provided by Subsection (e). |
|
|
(c) A member of a fire department who does not fight fires or |
|
|
provide emergency medical services, including a mechanic, clerk, |
|
|
investigator, inspector, fire marshal, fire alarm dispatcher, and |
|
|
maintenance worker, other than the fire chief or the assistant |
|
|
chief or an equivalent classification [who is not exempt under the
|
|
|
Fair Labor Standards Act of 1938, 29 U.S.C. section 201 et seq.], |
|
|
and who is required or permitted to average more hours in a week |
|
|
than the number of hours in a normal work week of the majority of the |
|
|
employees of the municipality other than fire fighters, emergency |
|
|
medical service personnel, and police officers, is considered to |
|
|
have worked overtime. The person is entitled to be compensated for |
|
|
the overtime as provided by Subsection (e). |
|
|
(d) In computing the hours worked in a work week or the |
|
|
average number of hours worked in a work week during a work cycle of |
|
|
a fire fighter or other member of a fire department covered by this |
|
|
section [and 29 U.S.C. Section 207(k) and as provided by
|
|
|
Subsections (b) and (c)], all hours are counted during which the |
|
|
fire fighter or other member of a fire department is required to |
|
|
remain on call on the employer's premises or so close to the |
|
|
employer's premises that the person cannot use those hours |
|
|
effectively for that person's own purposes. Hours in which the fire |
|
|
fighter or other member of a fire department is required only to |
|
|
leave a telephone number at which that person may be reached or [is
|
|
|
required] to remain accessible by radio or pager are not counted. |
|
|
In computing the hours in a work week or the average number of hours |
|
|
in a work week during a work cycle of a fire fighter or a member of a |
|
|
fire department who provides emergency medical services, vacation, |
|
|
sick time, holidays, time in lieu of holidays, or compensatory time |
|
|
may be excluded as hours worked. |
|
|
(e) A fire fighter or other member of a fire department may |
|
|
be required or permitted to work overtime. A fire fighter or other |
|
|
member of a fire department, other than the fire chief or the |
|
|
assistant chief or an equivalent classification, [who is not exempt
|
|
|
under the Fair Labor Standards Act of 1938, 29 U.S.C. Section 201 et
|
|
|
seq., and] who is required or permitted to work overtime as provided |
|
|
by Subsections (b) and (c) is entitled to be paid overtime for the |
|
|
excess hours worked without regard to the number of hours worked in |
|
|
any one week of the work cycle. Overtime hours are paid at a rate |
|
|
equal to 1-1/2 times the compensation paid to the fire fighter or |
|
|
member of the fire department for regular hours. |
|
|
SECTION 2. 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. |
|
|
|
|
|
* * * * * |