By: Powell S.B. No. 2294
A BILL TO BE ENTITLED
AN ACT
relating to a minimum wage and monthly stipend for municipal and
county peace officers; making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 403, Government Code, is amended by
adding Subchapter R to read as follows:
SUBCHAPTER R. LOCAL LAW ENFORCEMENT OFFICER STIPEND PROGRAM
Sec. 403.501. DEFINITIONS. In this subchapter:
(1) "Account" means the local law enforcement officer
stipend account.
(2) "Local law enforcement officer" means a person
elected, employed, or appointed as a peace officer under Article
2.12, Code of Criminal Procedure, who is:
(A) a sheriff or deputy sheriff;
(B) a constable or deputy constable;
(C) a marshal or police officer of a
municipality; or
(D) a rangers, officer, or members of the reserve
officer corps commissioned by the Public Safety Commission and the
Director of the Department of Public Safety.
Sec. 403.502. LAW ENFORCEMENT OFFICER STIPEND ACCOUNT. (a)
The law enforcement officer stipend account is an account in the
general revenue fund. The account consists of any money deposited
to the credit of the account as provided by general law and any
gifts made to this state for the purposes of this subchapter.
(b) Money in the account may be used only for the purpose of
providing monthly stipends to local law enforcement officers as
provided by this subchapter.
Sec. 403.503. STIPEND PROGRAM FOR LAW ENFORCEMENT OFFICERS.
(a) The comptroller shall establish a program in cooperation with
the Public Safety Commission, municipalities, and counties in this
state to pay from the law enforcement officer stipend account:
(1) a stipend to each full-time local law enforcement
officer in the amount of $1,000; and
(2) a reduced stipend to each local law enforcement
officer who works less than full time in an amount computed by
multiplying $1,000 by the fraction of a full-time schedule the
officer works.
(b) The comptroller shall pay from the account the stipends
under this subchapter in a lump sum to the Department of Public
Safety to pay the wages or salaries of the officers who are entitled
to a stipend.
(c) The comptroller shall pay from the account the stipends
under this subchapter in a lump sum to the county or municipality
that pays the wages or salaries of the local law enforcement
officers in that county or municipality who are entitled to a
stipend.
(d) The comptroller may adopt rules requiring a
municipality or county to report to the comptroller information
regarding the number, identities, and employment schedules of local
law enforcement officers entitled to stipends under this subchapter
and to report information related to the stipend payments made to
local law enforcement officers. The comptroller shall adopt and
employ controls sufficient to ensure that money paid to a county or
municipality under this subchapter is used solely to pay the
intended stipends.
SECTION 2. Subchapter B, Chapter 62, Labor Code, is amended
by adding Section 62.058 to read as follows:
Sec. 62.058. MINIMUM WAGE FOR CERTAIN LAW ENFORCEMENT
OFFICERS. (a) In this section, "local law enforcement officer" has
the meaning assigned by Section 403.501, Government Code.
(b) Notwithstanding Section 62.051 or 62.151 or any other
law, a municipality or county shall pay to each local law
enforcement officer employed by the municipality or county not less
than the greater of:
(1) $15 an hour; or
(2) the federal minimum wage under Section 6, Fair
Labor Standards Act of 1938 (29 U.S.C. Section 206).
(c) The commission may exempt a municipality or county from
paying the minimum wage required by Subsection (b) if the
municipality or county demonstrates that paying the minimum wage
would result in economic hardship for the municipality or county,
as determined by the commission.
(d) The commission by rule shall develop criteria to qualify
for an exemption under Subsection (c). The commission shall
periodically review a municipality or county that receives an
exemption under Subsection (c) to determine if the municipality or
county continues to qualify for the exemption.
SECTION 3. Except as otherwise provided by a general
appropriations act of the 86th Legislature, Regular Session, 2019,
that becomes law, for the state fiscal biennium beginning September
1, 2019, the balance of the local law enforcement officer stipend
account created by this Act is appropriated to the comptroller of
public accounts for the purpose of paying stipends to local law
enforcement officers under Subchapter R, Chapter 403, Government
Code, as added by this Act, and to transfer any excess money from
that account to the general revenue fund as provided by that
subchapter.
SECTION 4. This Act takes effect September 1, 2019.