85R2175 MCK-F
 
  By: Miller H.B. No. 483
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the compensatory time and overtime pay for commissioned
  officers of the Department of Public Safety.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 411.016, Government Code,
  is amended to read as follows:
         Sec. 411.016.  COMPENSATORY TIME; OVERTIME [SUPPLEMENTAL]
  PAY.
         SECTION 2.  Section 411.016, Government Code, is amended by
  amending Subsections (b), (c), and (e) and adding Subsections (b-1)
  and (f) to read as follows:
         (b)  If, during a 24-hour period [calendar week], the total
  number of hours worked by a commissioned officer equals [plus the
  number of hours of leave taken for which the officer is entitled to
  compensation, including approved sick leave, vacation, holiday,
  holiday compensatory time, emergency leave, administrative leave,
  and jury duty, equal] more than eight [40] hours, the excess is
  overtime.  [For each calendar month, the overtime for each week
  ending during that month shall be totaled. If the total overtime
  for the month exceeds eight hours, the officer may receive, in
  addition to the officer's regular monthly salary, a supplement
  determined as follows:
               [(1)     a commissioned officer who accumulates more than
  eight hours but less than 16 hours of overtime in a calendar month
  may receive five percent of the officer's regular monthly salary;
               [(2)     a commissioned officer who accumulated 16 or more
  hours but less than 32 hours of overtime in a calendar month may
  receive 10 percent of the officer's regular monthly salary; and
               [(3)     a commissioned officer who accumulated 32 or more
  hours of overtime in a calendar month may receive 15 percent of the
  officer's regular monthly salary.]
         (b-1)  If, during a work week, the total number of hours
  worked by a commissioned officer equals more than 40 hours, the
  excess is overtime.
         (c)  [The formula prescribed by Subsection (b) is the
  exclusive method of computing state compensation for overtime
  entitlements.] This section applies only to the computation of
  overtime entitlements and does not apply to the method of
  compensating a commissioned officer for working on regularly
  scheduled state holidays.
         (e)  The department may compensate an officer commissioned
  by the department for the overtime earned by the officer by:
               (1)  allowing or requiring the officer to take
  compensatory leave at the rate of 1-1/2 hours of leave for each hour
  of overtime earned; or
               (2)  paying the officer for the overtime hours earned
  at the rate equal to 1-1/2 times the officer's regular hourly pay
  rate [If the funds appropriated to the department to provide
  supplemental pay are insufficient to pay all earned overtime
  entitlements, the director may provide for compensatory time to be
  taken during the biennium in which the entitlements are earned].
         (f)  If a conflict exists between this section and Section
  659.015, this section controls.
         SECTION 3.  This Act takes effect September 1, 2017.