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A BILL TO BE ENTITLED
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AN ACT
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relating to the hours of work 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 (a), (b), (c), and (e) and adding Subsections |
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(b-1) and (f) to read as follows: |
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(a) This section applies to an officer commissioned by the |
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department who is not employed in a position that the director has |
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declared to be administrative, executive, or professional. |
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(b) If, during a 24-hour period [calendar week], the total |
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number of hours worked by a commissioned officer equal more than |
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eight [40] hours, the excess is overtime[. For each calendar month,
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the overtime for each week ending during that month shall be
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totaled. If the total overtime for the month exceeds eight hours,
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the officer may receive, in addition to the officer's regular
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monthly salary, a supplement 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 work week, the total number of hours |
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worked by a commissioned officer equals more than 40 hours, the |
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excess is overtime. |
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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) The department may compensate an officer commissioned |
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by the department for the overtime earned by the officer by: |
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(1) allowing or requiring the officer to take |
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compensatory leave at the rate of 1-1/2 hours of leave for each hour |
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of overtime earned; or |
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(2) paying the officer for the overtime hours earned |
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at the rate equal to 1-1/2 times the officer's regular hourly pay |
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rate [If the funds appropriated to the department to provide
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supplemental pay are insufficient to pay all earned overtime
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entitlements, the director may provide for compensatory time to be
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taken during the biennium in which the entitlements are 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 3. This Act takes effect September 1, 2015. |