HBA-NRS S.B. 1649 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1649
By: Bernsen
Appropriations
5/15/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, state employees who are not eligible to receive overtime
compensation under other law are not allowed overtime compensation for
working declared disasters. Senate Bill 1649 allows certain state employees
to earn overtime compensation while working declared disasters. 

RULEMAKING AUTHORITY

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

ANALYSIS

Senate Bill 1649 amends the Government Code to entitle a state employee who
performs duties related to a disaster declared by the president of the
United States (president) or the governor with  overtime compensation for
hours worked in excess of 40 hours in a workweek from the day on which the
state emergency operating center is activated at least at level three until
the day the disaster field office closes. The bill entitles an employee to
compensation for the excess hours for the first 160 hours of overtime
worked either by receiving payment for the overtime at the rate equal to
1-1/2 times the employee's regular rate of pay or accruing compensatory
time off at the rate of 1-1/2 hours off for each hour of overtime, at the
discretion of the employee. After the first 160 hours of overtime worked,
the employee is entitled to compensation by receiving pay for the overtime
at the rate equal to 1-1/2 times the employee's regular rate of pay. 

EFFECTIVE DATE

September 1, 2001.