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Texas Payroll/Personnel Resource

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Overtime
Legislative Employees; Historical Notes

Overtime and Employees of the Legislature, the Lieutenant Governor or Legislative Agencies

The following discussion applies only to an employee of:

  • The Legislature.
  • The lieutenant governor.
  • A legislative agency subject to FLSA overtime provisions.

Consistent with FLSA requirements, overtime pay and compensatory time off for employees of the legislative branch, including employees of the lieutenant governor, is determined:

  • For employees of the House of Representatives or the Senate – by the presiding officer of the appropriate house of the Legislature.
  • For employees of an elected officeholder – by the employing officeholder.
  • For employees of a legislative agency – by the administrative head of the agency.

Historical Notes:

This policy/guidance was first issued by the Comptroller’s office on Dec. 14, 1994. Though it has been updated, the guidance has not changed significantly. Changes relate only to references to different types of bonus payments that are no longer authorized.

In November 1994, agency representatives who were users of the Uniform Statewide Payroll/Personnel System (USPS) were surveyed about their preference for moving to the weekly method for calculating overtime. As a result of that survey, USPS was designed to use the weekly method to calculate overtime.

Sources

Texas Government Code, Sections 659.015, 659.017; Code of Federal Regulations, Title 29.