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A BILL TO BE ENTITLED
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AN ACT
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relating to overtime compensation for certain state employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 659, Education Code, is |
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amended by amending Section 659.015 to read as follows: |
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Sec. 659.015. OVERTIME COMPENSATION FOR EMPLOYEES SUBJECT |
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TO FAIR LABOR STANDARDS ACT. (a) This section applies only to a |
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state employee who is subject to the overtime provisions of the |
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federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et |
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seq.) and who is not an employee of the legislature, including an |
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employee of the lieutenant governor, or of a legislative agency. |
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(b) The employee is entitled to compensation for overtime as |
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provided by federal law and this section. To the extent that this |
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section and federal law prescribe a different rule for the same |
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circumstance, federal law controls without regard to whether this |
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section or federal law prescribes a stricter rule. |
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(c) An employee who is required to work hours in excess of 40 |
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hours in a workweek is entitled to compensation for the excess hours |
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either by: |
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(1) the agency allowing [or requiring] the employee to take |
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compensatory time off at the rate of 1-1/2 hours off for each hour |
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of overtime; or |
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(2) [at the discretion of the employing agency, in cases in |
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which granting compensatory time off is impractical,] the employee |
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receiving pay for the overtime at the rate equal to 1-1/2 times the |
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employee's regular rate of pay. |
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SECTION 2. This Act takes effect September 1, 2025. |