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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. Section 411.016, Government Code, is amended to |
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read as follows: |
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Sec. 411.016. HOURS OF WORK; COMPENSATORY TIME; OVERTIME |
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[SUPPLEMENTAL] PAY. (a) The department shall require officers |
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commissioned by the department who are employed on a full-time |
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basis to work eight-hour daily shifts for a total of 40 hours during |
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a calendar week. An eight-hour daily shift must include a paid |
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one-hour meal break during which the officer shall be required to |
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remain on call in the officer's assigned area of duty. [This section
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applies to an officer commissioned by the department who is not
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employed in a position that the director has declared to be
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administrative, executive, or professional.] |
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(b) If, during a calendar week, the total number of hours |
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worked by a commissioned officer plus the number of hours of leave |
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taken 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 40 hours, the officer is entitled to overtime pay or 1-1/2 |
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hours of compensatory time for each [the] excess hour worked [is
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overtime. For each calendar month, the overtime for each week
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ending during that month shall be totaled. If the total overtime
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for the month exceeds eight hours, the officer may receive, in
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addition to the officer's regular monthly salary, a supplement
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determined as 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 calendar week, the total number of hours |
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worked by a commissioned officer plus the number of hours of leave |
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taken 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 48 hours, the officer is entitled to overtime pay for each |
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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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(d) A commissioned officer may receive a supplement paid by |
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the federal government earned while working on a project funded by |
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the federal government, and that supplement may not be considered |
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in determining a commissioned officer's entitlement under this |
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section. |
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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) If a conflict exists between this section and Section |
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659.015, this section controls. |
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SECTION 2. This Act takes effect September 1, 2007. |