This section sets overtime rules for certain commissioned officers and lets the department choose compensatory leave or overtime pay.
Sec. 411.016. COMPENSATORY TIME; OVERTIME PAY. (a) This section applies to an officer commissioned by the department who is not employed in a position that the director has declared to be administrative, executive, or professional. (b) If, during a 24-hour period, the total number of hours worked by a commissioned officer equals more than eight hours, the excess is overtime. (b-1) If, during a work week, the total number of hours worked by a commissioned officer equals more than 40 hours, the excess is overtime. (c) This section applies only to the computation of overtime entitlements and does not apply to the method of compensating a commissioned officer for working on regularly scheduled state holidays. (d) A commissioned officer may receive a supplement paid by the federal government earned while working on a project funded by the federal government, and that supplement may not be considered in determining a commissioned officer's entitlement under this section. (e) The department may compensate an officer commissioned by the department for the overtime earned by the officer by: (1) allowing or requiring the officer to take compensatory leave at the rate of 1-1/2 hours of leave for each hour of overtime earned; or (2) paying the officer for the overtime hours earned at the rate equal to 1-1/2 times the officer's regular hourly pay rate. (f) If a conflict exists between this section and Section 659.015, this section controls. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by: Acts 2017, 85th Leg., R.S., Ch. 293 (S.B. 297), Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 293 (S.B. 297), Sec. 2, eff. September 1, 2017.