Texas 2019 - 86th Regular

Texas Senate Bill SB2294 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Powell S.B. No. 2294
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a minimum wage and monthly stipend for municipal and
7	7	county peace officers; making an appropriation.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 403, Government Code, is amended by
10	10	adding Subchapter R to read as follows:
11	11	SUBCHAPTER R. LOCAL LAW ENFORCEMENT OFFICER STIPEND PROGRAM
12	12	Sec. 403.501. DEFINITIONS. In this subchapter:
13	13	(1) "Account" means the local law enforcement officer
14	14	stipend account.
15	15	(2) "Local law enforcement officer" means a person
16	16	elected, employed, or appointed as a peace officer under Article
17	17	2.12, Code of Criminal Procedure, who is:
18	18	(A) a sheriff or deputy sheriff;
19	19	(B) a constable or deputy constable;
20	20	(C) a marshal or police officer of a
21	21	municipality; or
22	22	(D) a rangers, officer, or members of the reserve
23	23	officer corps commissioned by the Public Safety Commission and the
24	24	Director of the Department of Public Safety.
25	25	Sec. 403.502. LAW ENFORCEMENT OFFICER STIPEND ACCOUNT. (a)
26	26	The law enforcement officer stipend account is an account in the
27	27	general revenue fund. The account consists of any money deposited
28	28	to the credit of the account as provided by general law and any
29	29	gifts made to this state for the purposes of this subchapter.
30	30	(b) Money in the account may be used only for the purpose of
31	31	providing monthly stipends to local law enforcement officers as
32	32	provided by this subchapter.
33	33	Sec. 403.503. STIPEND PROGRAM FOR LAW ENFORCEMENT OFFICERS.
34	34	(a) The comptroller shall establish a program in cooperation with
35	35	the Public Safety Commission, municipalities, and counties in this
36	36	state to pay from the law enforcement officer stipend account:
37	37	(1) a stipend to each full-time local law enforcement
38	38	officer in the amount of $1,000; and
39	39	(2) a reduced stipend to each local law enforcement
40	40	officer who works less than full time in an amount computed by
41	41	multiplying $1,000 by the fraction of a full-time schedule the
42	42	officer works.
43	43	(b) The comptroller shall pay from the account the stipends
44	44	under this subchapter in a lump sum to the Department of Public
45	45	Safety to pay the wages or salaries of the officers who are entitled
46	46	to a stipend.
47	47	(c) The comptroller shall pay from the account the stipends
48	48	under this subchapter in a lump sum to the county or municipality
49	49	that pays the wages or salaries of the local law enforcement
50	50	officers in that county or municipality who are entitled to a
51	51	stipend.
52	52	(d) The comptroller may adopt rules requiring a
53	53	municipality or county to report to the comptroller information
54	54	regarding the number, identities, and employment schedules of local
55	55	law enforcement officers entitled to stipends under this subchapter
56	56	and to report information related to the stipend payments made to
57	57	local law enforcement officers. The comptroller shall adopt and
58	58	employ controls sufficient to ensure that money paid to a county or
59	59	municipality under this subchapter is used solely to pay the
60	60	intended stipends.
61	61	SECTION 2. Subchapter B, Chapter 62, Labor Code, is amended
62	62	by adding Section 62.058 to read as follows:
63	63	Sec. 62.058. MINIMUM WAGE FOR CERTAIN LAW ENFORCEMENT
64	64	OFFICERS. (a) In this section, "local law enforcement officer" has
65	65	the meaning assigned by Section 403.501, Government Code.
66	66	(b) Notwithstanding Section 62.051 or 62.151 or any other
67	67	law, a municipality or county shall pay to each local law
68	68	enforcement officer employed by the municipality or county not less
69	69	than the greater of:
70	70	(1) $15 an hour; or
71	71	(2) the federal minimum wage under Section 6, Fair
72	72	Labor Standards Act of 1938 (29 U.S.C. Section 206).
73	73	(c) The commission may exempt a municipality or county from
74	74	paying the minimum wage required by Subsection (b) if the
75	75	municipality or county demonstrates that paying the minimum wage
76	76	would result in economic hardship for the municipality or county,
77	77	as determined by the commission.
78	78	(d) The commission by rule shall develop criteria to qualify
79	79	for an exemption under Subsection (c). The commission shall
80	80	periodically review a municipality or county that receives an
81	81	exemption under Subsection (c) to determine if the municipality or
82	82	county continues to qualify for the exemption.
83	83	SECTION 3. Except as otherwise provided by a general
84	84	appropriations act of the 86th Legislature, Regular Session, 2019,
85	85	that becomes law, for the state fiscal biennium beginning September
86	86	1, 2019, the balance of the local law enforcement officer stipend
87	87	account created by this Act is appropriated to the comptroller of
88	88	public accounts for the purpose of paying stipends to local law
89	89	enforcement officers under Subchapter R, Chapter 403, Government
90	90	Code, as added by this Act, and to transfer any excess money from
91	91	that account to the general revenue fund as provided by that
92	92	subchapter.
93	93	SECTION 4. This Act takes effect September 1, 2019.