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A BILL TO BE ENTITLED
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AN ACT
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relating to the work hours of and compensatory time and overtime pay |
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for commissioned officers of the Department of Public Safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 411.016, Government Code, |
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is amended to read as follows: |
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Sec. 411.016. HOURS OF WORK; COMPENSATORY TIME; OVERTIME |
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[SUPPLEMENTAL] PAY. |
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SECTION 2. Section 411.016, Government Code, is amended by |
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amending Subsections (b), (c), and (e) and adding Subsections |
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(b-1), (f), (g), and (h) to read as follows: |
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(b) Except as provided by Subsection (b-1), if [If], during |
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a 28-day pay cycle [calendar week], the total number of hours worked |
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by a commissioned officer plus the number of hours of leave taken |
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for which the officer is entitled to compensation, including |
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approved sick leave, vacation, holiday, holiday compensatory time, |
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emergency leave, administrative leave, and jury duty, equal more |
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than 160 [40] hours, the excess is overtime and the officer is |
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entitled to 1-1/2 hours of compensatory time for each excess hour |
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worked[. For each calendar month, the overtime for each week ending
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during that month shall be totaled. If the total overtime for the
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month exceeds eight hours, the officer may receive, in addition to
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the officer's regular monthly salary, a supplement determined as
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follows:
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[(1) a commissioned officer who accumulates more than
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eight hours but less than 16 hours of overtime in a calendar month
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may receive five percent of the officer's regular monthly salary;
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[(2) a commissioned officer who accumulated 16 or more
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hours but less than 32 hours of overtime in a calendar month may
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receive 10 percent of the officer's regular monthly salary; and
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[(3) a commissioned officer who accumulated 32 or more
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hours of overtime in a calendar month may receive 15 percent of the
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officer's regular monthly salary]. |
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(b-1) If, during a 28-day pay cycle, the total number of |
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hours worked by a commissioned officer exceeds 171 hours, the |
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officer is entitled to overtime pay or 1-1/2 hours of compensatory |
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time for each excess hour worked. |
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(c) [The formula prescribed by Subsection (b) is the
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exclusive method of computing state compensation for overtime
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entitlements.] This section applies only to the computation of |
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overtime entitlements and does not apply to the method of |
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compensating a commissioned officer for working on regularly |
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scheduled state holidays. |
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(e) Overtime pay earned by an officer under this section |
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shall be paid at a rate of 1-1/2 the amount of the officer's regular |
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hourly pay rate [If the funds appropriated to the department to
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provide supplemental pay are insufficient to pay all earned
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overtime entitlements, the director may provide for compensatory
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time to be taken during the biennium in which the entitlements are
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earned]. |
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(f) The department shall establish a compensatory time |
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account for each commissioned officer in which compensatory time |
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earned under Subsection (b) is maintained. An officer may |
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accumulate compensatory time in this account in an unlimited |
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amount. Notwithstanding Section 659.015(g), compensatory time |
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earned under Subsection (b) by an officer does not expire or lapse |
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and remains in the officer's compensatory time account until used |
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by the officer or until the officer's resignation or termination. |
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At the time of the officer's resignation or termination, any |
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compensatory time accumulated under Subsection (b) lapses and the |
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officer may not be paid for that compensatory time. |
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(g) An officer may accumulate compensatory time under |
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Subsection (b-1) in an amount equal to the maximum amount that may |
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be accrued for work in a public safety activity under the Fair Labor |
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Standards Act, 29 U.S.C. Section 207(o)(3)(A). The department |
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shall establish a separate compensatory time account for each |
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commissioned officer in which compensatory time earned under |
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Subsection (b-1) is maintained. Notwithstanding Section |
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659.015(g), compensatory time earned under Subsection (b-1) by an |
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officer does not expire or lapse and remains in the officer's |
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compensatory time account until used by the officer. |
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(h) If a conflict exists between this section and Section |
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659.015, this section controls. |
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SECTION 3. This Act takes effect September 1, 2007. |