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A BILL TO BE ENTITLED
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AN ACT
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relating to a minimum wage and monthly stipend for municipal and |
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county peace officers; making an appropriation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 403, Government Code, is amended by |
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adding Subchapter R to read as follows: |
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SUBCHAPTER R. LOCAL LAW ENFORCEMENT OFFICER STIPEND PROGRAM |
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Sec. 403.501. DEFINITIONS. In this subchapter: |
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(1) "Account" means the local law enforcement officer |
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stipend account. |
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(2) "Local law enforcement officer" means a person |
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elected, employed, or appointed as a peace officer under Article |
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2.12, Code of Criminal Procedure, who is: |
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(A) a sheriff or deputy sheriff; |
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(B) a constable or deputy constable; |
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(C) a marshal or police officer of a |
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municipality; or |
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(D) a rangers, officer, or members of the reserve |
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officer corps commissioned by the Public Safety Commission and the |
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Director of the Department of Public Safety. |
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Sec. 403.502. LAW ENFORCEMENT OFFICER STIPEND ACCOUNT. (a) |
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The law enforcement officer stipend account is an account in the |
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general revenue fund. The account consists of any money deposited |
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to the credit of the account as provided by general law and any |
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gifts made to this state for the purposes of this subchapter. |
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(b) Money in the account may be used only for the purpose of |
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providing monthly stipends to local law enforcement officers as |
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provided by this subchapter. |
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Sec. 403.503. STIPEND PROGRAM FOR LAW ENFORCEMENT OFFICERS. |
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(a) The comptroller shall establish a program in cooperation with |
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the Public Safety Commission, municipalities, and counties in this |
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state to pay from the law enforcement officer stipend account: |
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(1) a stipend to each full-time local law enforcement |
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officer in the amount of $1,000; and |
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(2) a reduced stipend to each local law enforcement |
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officer who works less than full time in an amount computed by |
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multiplying $1,000 by the fraction of a full-time schedule the |
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officer works. |
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(b) The comptroller shall pay from the account the stipends |
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under this subchapter in a lump sum to the Department of Public |
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Safety to pay the wages or salaries of the officers who are entitled |
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to a stipend. |
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(c) The comptroller shall pay from the account the stipends |
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under this subchapter in a lump sum to the county or municipality |
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that pays the wages or salaries of the local law enforcement |
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officers in that county or municipality who are entitled to a |
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stipend. |
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(d) The comptroller may adopt rules requiring a |
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municipality or county to report to the comptroller information |
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regarding the number, identities, and employment schedules of local |
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law enforcement officers entitled to stipends under this subchapter |
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and to report information related to the stipend payments made to |
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local law enforcement officers. The comptroller shall adopt and |
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employ controls sufficient to ensure that money paid to a county or |
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municipality under this subchapter is used solely to pay the |
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intended stipends. |
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SECTION 2. Subchapter B, Chapter 62, Labor Code, is amended |
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by adding Section 62.058 to read as follows: |
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Sec. 62.058. MINIMUM WAGE FOR CERTAIN LAW ENFORCEMENT |
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OFFICERS. (a) In this section, "local law enforcement officer" has |
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the meaning assigned by Section 403.501, Government Code. |
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(b) Notwithstanding Section 62.051 or 62.151 or any other |
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law, a municipality or county shall pay to each local law |
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enforcement officer employed by the municipality or county not less |
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than the greater of: |
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(1) $15 an hour; or |
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(2) the federal minimum wage under Section 6, Fair |
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Labor Standards Act of 1938 (29 U.S.C. Section 206). |
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(c) The commission may exempt a municipality or county from |
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paying the minimum wage required by Subsection (b) if the |
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municipality or county demonstrates that paying the minimum wage |
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would result in economic hardship for the municipality or county, |
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as determined by the commission. |
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(d) The commission by rule shall develop criteria to qualify |
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for an exemption under Subsection (c). The commission shall |
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periodically review a municipality or county that receives an |
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exemption under Subsection (c) to determine if the municipality or |
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county continues to qualify for the exemption. |
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SECTION 3. Except as otherwise provided by a general |
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appropriations act of the 86th Legislature, Regular Session, 2019, |
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that becomes law, for the state fiscal biennium beginning September |
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1, 2019, the balance of the local law enforcement officer stipend |
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account created by this Act is appropriated to the comptroller of |
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public accounts for the purpose of paying stipends to local law |
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enforcement officers under Subchapter R, Chapter 403, Government |
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Code, as added by this Act, and to transfer any excess money from |
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that account to the general revenue fund as provided by that |
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subchapter. |
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SECTION 4. This Act takes effect September 1, 2019. |