HBA-ATS, TYH H.C.R. 243 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.C.R. 243
By: Solis, Jim
Civil Practices
5/14/1999
Introduced



BACKGROUND AND PURPOSE 

A group of commissioned and noncommissioned officers, including  highway
troopers, lieutenants, captains, sergeants, drug enforcement officers,
capitol police, special crimes officers, and other officers employed by
the Department of Public Safety of the State of Texas (department) alleges
that the department has structured and administered the compensation of the
officers so that they are not compensated for overtime hours worked in
accordance with law and are not awarded compensatory time in accordance
with law.  The officers also allege that the practices of the department
relating to overtime hours worked by the officers violate state and federal
law, and that the officers are entitled to damages and any other relief
allowed by law. 
 
H.C.R. 243 grants permission to the officers to sue the State of Texas and
the department subject to Chapter 107 (Permission to Sue the State), Civil
Practice and Remedies Code.  The resolution also provides that the director
of the department be served process as provided by Section 107.002(a)(3)
(relating to serving process on the attorney general and the representative
of the affected state agency), Civil Practice and Remedies Code.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

H.C.R. 243 grants permission to the officers to sue the State of Texas and
the Department of Public Safety of the State of Texas subject to Chapter
107, Civil Practice and Remedies Code. 

Provides that the director of the Department of Public Safety of the State
of Texas be served process as provided by Section 107.002(a)(3), Civil
Practice and Remedies Code.