Texas Local Government Code 142.0016 – Use of Compensatory Time by Members of Fire and Police Departments in Municipality With Population of More Than 10,000
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(a) This section applies only in a municipality with a population of less than 1.5 million that is eligible to adopt civil service under Chapter 143.
(b) A fire fighter or police officer may, with the approval of the governing body of the municipality, accept instead of overtime pay compensatory time at a rate equal to 1-1/2 times the number of overtime hours.
Terms Used In Texas Local Government Code 142.0016
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
(c) A fire fighter or police officer may use compensatory time only when both the fire fighter or police officer and the municipality agree the time may be used.
(d) A municipality may at any time pay a fire fighter or police officer for all or part of the person‘s accumulated compensatory time if both the fire fighter or police officer and the municipality agree the time may be paid.
(e) If full payment for a fire fighter’s or police officer’s accumulated compensatory time would exceed 10 percent of the person’s annual salary, the municipality may at its option defer payment of the amount in excess of 10 percent until the first pay period of the next fiscal year.
(f) A municipality shall pay for accumulated compensatory time at a rate equal to the fire fighter’s or police officer’s salary at the time the payment is made or at the time the payment was requested, whichever is greater.
(g) If a fire fighter or police officer dies or terminates employment for any reason, the municipality shall pay to the fire fighter or police officer or to his estate the total value of all the fire fighter’s or police officer’s accumulated compensatory time.