By: Hinojosa S.B. No. 1576
(In the Senate - Filed March 12, 2015; March 23, 2015, read
first time and referred to Committee on Criminal Justice;
April 23, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 23, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1576 By: Whitmire
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, 2015.
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