80R12333 ACP-D
 
  By: Anchia, Goolsby, Branch H.B. No. 1768
 
Substitute the following for H.B. No. 1768:
 
  By:  Menendez C.S.H.B. No. 1768
 
A BILL TO BE ENTITLED
AN ACT
relating to the hours worked during a week by police officers in
certain municipalities.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 142.0015, Local Government Code, is
amended by amending Subsection (f) and adding Subsection (f-1) to
read as follows:
       (f)  Except [A police officer may not, except] as provided by
Subsection (g) or (j), a police officer may not be required to work:
             (1)  more than 40 hours during a calendar week in a
municipality that:
                   (A)  has a population of more than one million;
                   (B)  is not subject to Section 142.0017; and
                   (C)  has not adopted Chapter 174; or
             (2)  in a municipality not described by Subdivision
(1), more hours during a calendar week than the number of hours in
the normal work week of the majority of the employees of the
municipality other than fire fighters and police officers.
       (f-1)  In determining whether a police officer is considered
to have been required to work overtime for purposes of Subsection
(f)(1), all hours are counted during which the police officer:
             (1)  is required to remain available for immediate call
to duty by continuously remaining in contact with a police
department office by telephone or by radio;
             (2)  is taking any authorized leave, including
attendance incentive leave, vacation leave, holiday leave,
compensatory time off, jury duty, military leave, or leave because
of a death in the family; and
             (3)  is considered to have worked under Subsection (h).
       SECTION 2.  This Act takes effect September 1, 2007.