Agency-Specific Provisions
Payment for Compensatory or Holiday Time
State agencies in general may grant compensatory time to their employees but are not authorized to pay compensatory time. However, some agencies have specific authority to grant and/or pay compensatory time off to employees in certain circumstances.
Texas Department of Transportation
The Texas Department of Transportation (TxDOT) is authorized to grant compensatory time off or to pay hourly employees — in addition to any applicable holiday pay — for work performed on official state holidays.
If granting time off would be disruptive to normal business functions of the agency, TxDOT may pay Fair Labor Standards Act (FLSA) exempt and nonexemptemployees on a straight-time basis for work on a holiday or for regular compensatory time hours.
TxDOT is responsible for determining whether employees are entitled to additional time off or payment for compensatory time. The agency also determines when to credit the time or make payments to employees.
Sources
General Appropriations Act (GAA), Rider 16 (a, d) in the appropriations to the Department of Transportation; Texas Government Code, Section 659.015(g).
Health and Human Services (HHS) Agencies
The Health and Human Services Commission (HHSC) and Department of State Health Services (DSHS) have specific authority to pay employees of state hospitals and state-supported living centers straight-time hours for working on a holiday or for compensatory time that cannot be taken to avoid disruption of business.
Additionally, HHSC and DSHS, with the explicit approval of the HHS executive commissioner, and the Department of Family and Protective Services (DFPS), with the explicit approval of the DFPS commissioner, may pay FLSA nonexempt employees on a straight-time basis for working on a holiday, or for regular compensatory time when the employees are required to provide support during a federally declared disaster if taking compensatory time off would be disruptive to normal business functions.
Sources
General Appropriations Act, Rider 21 in the Special Provisions Relating to all Health and Human Services Agencies; Texas Government Code, Sections 659.015(j) and 659.016(j).
Texas A&M Engineering Extension Service
The Texas A&M Engineering Extension Service may pay its FLSA exempt employees on a straight-time basis for work on a holiday or for regular compensatory time hours in certain situations. Payment is authorized only when such time is worked in connection with a state or federal activation and when taking regular compensatory time off would be disruptive to normal business functions.
Source
GAA, Rider 3 of the appropriations for the Texas A&M Engineering Extension Service.
Texas A&M Forest Service
The Texas A&M Forest Service is authorized to pay its FLSA exempt employees straight-time hours for hours worked on a holiday or for regular compensatory time when the hours worked are in connection with an emergency. Payment is authorized when allowing compensatory time off would disrupt the agency’s normal business functions.
Source
GAA, Rider 5 of the appropriations for the Texas A&M Forest Service.
Texas A&M AgriLife Extension Service
The Texas A&M AgriLife Extension Service is authorized to pay its FLSA exempt employees straight-time hours for hours worked on a holiday or for regular compensatory time when the hours worked are in connection with an emergency. Payment is authorized when allowing compensatory time off would disrupt the agency’s normal business functions.
Source
GAA, Rider 10 of the appropriations for the Texas A&M AgriLife Extension Service.
Institutions of Higher Education
An institution of higher education may pay an employee at his or her regular rate of pay for hours worked on a national or state holiday that does not fall on a Saturday or Sunday. Payment for these hours is allowed if granting the employee time off would disrupt normal teaching, research or other critical functions at the institution.
Source
Texas Government Code, Section 662.007.