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A BILL TO BE ENTITLED
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AN ACT
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relating to compensation for certain emergency services personnel. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 659, Government Code, is |
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amended by adding Section 659.025 to read as follows: |
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Sec. 659.025. USE OF COMPENSATORY TIME BY CERTAIN EMERGENCY |
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SERVICES PERSONNEL; OPTIONAL OVERTIME PAYMENT. (a) In this |
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section, "emergency services personnel" includes firefighters, |
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police officers and other peace officers, emergency medical |
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technicians, emergency management personnel, and other individuals |
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who are required, in the course and scope of their employment, to |
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provide services for the benefit of the general public during |
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emergency situations. |
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(b) This section applies only to a state employee who is |
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emergency services personnel, who is not subject to the overtime |
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provisions of the federal Fair Labor Standards Act of 1938 (29 |
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U.S.C. Section 201 et seq.), and who is not an employee of the |
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legislature, including an employee of the lieutenant governor or of |
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a legislative agency. |
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(c) Notwithstanding Section 659.016 or any other law, an |
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employee to whom this section applies may be allowed to take |
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compensatory time off during the 18-month period following the end |
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of the workweek in which the compensatory time was accrued. |
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(d) Notwithstanding Section 659.016 or any other law, the |
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administrative head of a state agency that employs an employee to |
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whom this section applies may pay the employee overtime at the |
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employee's regular hourly salary rate for all or part of the hours |
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of compensatory time off accrued by the employee during a declared |
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disaster in the preceding 18-month period. The administrative head |
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shall reduce the employee's compensatory time balance by one hour |
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for each hour the employee is paid overtime under this section. |
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SECTION 2. This Act takes effect September 1, 2009. |