| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to the compensatory time and overtime pay for commissioned |
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| 8 | 6 | | officers of the Department of Public Safety. |
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| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 8 | | SECTION 1. The heading to Section 411.016, Government Code, |
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| 11 | 9 | | is amended to read as follows: |
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| 12 | 10 | | Sec. 411.016. COMPENSATORY TIME; OVERTIME [SUPPLEMENTAL] |
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| 13 | 11 | | PAY. |
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| 14 | 12 | | SECTION 2. Section 411.016, Government Code, is amended by |
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| 15 | 13 | | amending Subsections (b), (c), and (e) and adding Subsections (b-1) |
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| 16 | 14 | | and (f) to read as follows: |
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| 17 | 15 | | (b) If, during a 24-hour period [calendar week], the total |
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| 18 | 16 | | number of hours worked by a commissioned officer equals [plus the |
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| 19 | 17 | | number of hours of leave taken for which the officer is entitled to |
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| 20 | 18 | | compensation, including approved sick leave, vacation, holiday, |
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| 21 | 19 | | holiday compensatory time, emergency leave, administrative leave, |
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| 22 | 20 | | and jury duty, equal] more than eight [40] hours, the excess is |
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| 23 | 21 | | overtime. [For each calendar month, the overtime for each week |
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| 24 | 22 | | ending during that month shall be totaled. If the total overtime |
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| 25 | 23 | | for the month exceeds eight hours, the officer may receive, in |
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| 26 | 24 | | addition to the officer's regular monthly salary, a supplement |
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| 27 | 25 | | determined as follows: |
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| 28 | 26 | | [(1) a commissioned officer who accumulates more than |
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| 29 | 27 | | eight hours but less than 16 hours of overtime in a calendar month |
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| 30 | 28 | | may receive five percent of the officer's regular monthly salary; |
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| 31 | 29 | | [(2) a commissioned officer who accumulated 16 or more |
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| 32 | 30 | | hours but less than 32 hours of overtime in a calendar month may |
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| 33 | 31 | | receive 10 percent of the officer's regular monthly salary; and |
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| 34 | 32 | | [(3) a commissioned officer who accumulated 32 or more |
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| 35 | 33 | | hours of overtime in a calendar month may receive 15 percent of the |
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| 36 | 34 | | officer's regular monthly salary.] |
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| 37 | 35 | | (b-1) If, during a work week, the total number of hours |
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| 38 | 36 | | worked by a commissioned officer equals more than 40 hours, the |
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| 39 | 37 | | excess is overtime. |
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| 40 | 38 | | (c) [The formula prescribed by Subsection (b) is the |
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| 41 | 39 | | exclusive method of computing state compensation for overtime |
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| 42 | 40 | | entitlements.] This section applies only to the computation of |
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| 43 | 41 | | overtime entitlements and does not apply to the method of |
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| 44 | 42 | | compensating a commissioned officer for working on regularly |
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| 45 | 43 | | scheduled state holidays. |
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| 46 | 44 | | (e) The department may compensate an officer commissioned |
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| 47 | 45 | | by the department for the overtime earned by the officer by: |
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| 48 | 46 | | (1) allowing or requiring the officer to take |
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| 49 | 47 | | compensatory leave at the rate of 1-1/2 hours of leave for each hour |
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| 50 | 48 | | of overtime earned; or |
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| 51 | 49 | | (2) paying the officer for the overtime hours earned |
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| 52 | 50 | | at the rate equal to 1-1/2 times the officer's regular hourly pay |
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| 53 | 51 | | rate [If the funds appropriated to the department to provide |
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| 54 | 52 | | supplemental pay are insufficient to pay all earned overtime |
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| 55 | 53 | | entitlements, the director may provide for compensatory time to be |
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| 56 | 54 | | taken during the biennium in which the entitlements are earned]. |
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| 57 | 55 | | (f) If a conflict exists between this section and Section |
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| 58 | 56 | | 659.015, this section controls. |
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| 59 | 57 | | SECTION 3. This Act takes effect September 1, 2017. |
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| 58 | + | ______________________________ ______________________________ |
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| 59 | + | President of the Senate Speaker of the House |
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| 60 | + | I hereby certify that S.B. No. 297 passed the Senate on |
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| 61 | + | May 1, 2017, by the following vote: Yeas 30, Nays 1. |
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| 62 | + | ______________________________ |
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| 63 | + | Secretary of the Senate |
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| 64 | + | I hereby certify that S.B. No. 297 passed the House on |
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| 65 | + | May 20, 2017, by the following vote: Yeas 127, Nays 8, one |
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| 66 | + | present not voting. |
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| 67 | + | ______________________________ |
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| 68 | + | Chief Clerk of the House |
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| 69 | + | Approved: |
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| 70 | + | ______________________________ |
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| 71 | + | Date |
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| 72 | + | ______________________________ |
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| 73 | + | Governor |
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