77R9709 ATP-D                           
         By Davis of Dallas                                    H.B. No. 2273
         Substitute the following for H.B. No. 2273:
         By Carter                                         C.S.H.B. No. 2273
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the hours worked during a week by police officers in
 1-3     certain municipalities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 142.0015, Local Government Code, is
 1-6     amended by amending Subsection (f), adding a new Subsection (g),
 1-7     and redesignating existing Subsections (g), (h), (i), and (j) as
 1-8     Subsections (h), (i), (j), and (k) to read as follows:
 1-9           (f)  Except [A police officer may not, except] as provided by
1-10     Subsection (h) [(g)] or (k) [(j)], a police officer may not be
1-11     required to work:
1-12                 (1)  more than 40 hours during a calendar week in a
1-13     municipality that:
1-14                       (A)  has a population of more than one million;
1-15                       (B)  is not subject to Section 142.0017; and
1-16                       (C)  has not adopted Chapter 174; or
1-17                 (2)  more hours during a calendar week than the number
1-18     of hours in the normal work week of the majority of the employees
1-19     of the municipality other than fire fighters and police officers in
1-20     a municipality not described by Subdivision (1).
1-21           (g)  In determining whether a police officer is considered to
1-22     have been required to work overtime for purposes of this section,
1-23     all hours are counted during which the police officer:
1-24                 (1)  is required to remain available for immediate call
 2-1     to duty by continuously remaining in contact with a police
 2-2     department office by telephone or by radio;
 2-3                 (2)  is taking any authorized leave, including sick
 2-4     leave, vacation leave, holiday leave, compensatory time off, or
 2-5     leave because of a death in the family; and
 2-6                 (3)  is considered to have worked under Subsection (i).
 2-7           (h)  In the event of an emergency, a police officer may be
 2-8     required to work more hours than permitted by Subsection (f). An
 2-9     emergency is an unexpected happening or event or an unforeseen
2-10     situation or crisis that calls for immediate action and requires
2-11     the chief or head of the police department to order a police
2-12     officer to work overtime.
2-13           (i) [(h)]  An officer required to work overtime in an
2-14     emergency is entitled to be compensated for the overtime at a rate
2-15     equal to 1-1/2 times the compensation paid to the officer for
2-16     regular hours unless the officer elects, with the approval of the
2-17     governing body of the municipality, to accept compensatory time
2-18     equal to 1-1/2 times the number of overtime hours.  For purposes of
2-19     this subsection, compensable hours of work include all hours during
2-20     which a police officer is:
2-21                 (1)  on duty on the premises of the municipality or at
2-22     a prescribed workplace or required or permitted to work for the
2-23     municipality, including preshift and postshift activities that are:
2-24                       (A)  an integral part of the officer's principal
2-25     activity; or
2-26                       (B)  closely related to the performance of the
2-27     principal activity; and
 3-1                 (2)  away from the premises of the municipality under
 3-2     conditions that are so circumscribed that the officer is restricted
 3-3     from effectively using the time for personal pursuits.
 3-4           (j) [(i)]  Bona fide meal periods are not counted as hours
 3-5     worked.  For a bona fide meal period, which does not include coffee
 3-6     breaks or time for snacks, a police officer must be completely
 3-7     relieved from duty.  Ordinarily, 30 minutes or more is long enough
 3-8     for a bona fide meal period.  A period shorter than 30 minutes may
 3-9     be long enough for a bona fide meal period under special
3-10     conditions.  A police officer is not relieved from duty if the
3-11     officer is required to perform any duties, whether active or
3-12     inactive, during the meal period.
3-13           (k) [(j)]  If a majority of police officers working for a
3-14     municipality sign a written waiver of the prohibition in Subsection
3-15     (f), the municipality may adopt a work schedule for police officers
3-16     requiring a police officer to work more hours than permitted by
3-17     Subsection (f).  The officer is entitled to overtime pay if the
3-18     officer works more hours during a calendar month than the number of
3-19     hours in the normal work month of the majority of the employees of
3-20     the municipality other than fire fighters and police officers.
3-21           SECTION 2. This Act takes effect September 1, 2001.