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Texas Payroll/Personnel Resource

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Agency-Specific Provisions
Compensatory Time/Overtime for the Officers of the Department of Public Safety (DPS) of the State of Texas

Background

FLSA nonexempt officers commissioned by the Department of Public Safety (DPS) may accrue overtime on a daily basis, weekly basis, or in some cases, both.

Guidelines

Commissioned officers who work more than eight hours in a 24-hour period accrue overtime for all hours worked over eight.

Commissioned officers whose total hours worked in the FLSA work week accrue overtime for any hours worked that exceed 40.

DPS may compensate these officers for the accrued overtime by:

  • Allowing or requiring the officer to take time off at the rate of 1 1/2 hours of leave for each hour of overtime accrued.
  • Paying the officer for the overtime hours at a rate equal to 1 1/2 times the officer’s regular rate of pay.

Federal Pay Supplements

Commissioned officers who work on federally funded projects may receive pay supplements from the federal government for federally funded projects.

These pay supplements are not considered in determining the officer’s overtime entitlement.

Exemptions

Supplemental pay does not apply to positions declared by the public safety director to be:

  • Administrative.
  • Executive.
    – or –
  • Professional.

Sources

Texas Government Code, Sections 411.001(2)–(3), 411.016.