Texas Attorney General Opinion: LO88-109 Page: 2 of 6
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Honorable Chad Williams
September 23, 1988
Page 2
Compensatory time
(1) Employees of a public agency which is
a State, a political subdivision of a State,
or an interstate governmental agency may
receive, in accordance with this subsection
and in lieu of overtime compensation, compen-
satory time off at a rate not less than one
and one-half hours for each hour of
employment for which overtime compensation is
required by this section.
(2) A public agency may provide. compensa-
tory time under paragrah (1) only--
(A) pursuant to--
(i) applicable Drovisions of a
collective bargaining. agreement,
memorandum of understanding. or any
other agreement between the public
agency and representatives of such
employees.. or
(ii) in the case of employees not
covered by subclause (i. an aaree-
ment or understanding arrived _at
between the employer and the
employee before the performance of
the work; and
(B) if the employee has not accrued
compensatory time in excess of the limit
applicable to the employee prescribed by
paragraph (3).
In the case of employees described in clause
(A) (ii) hired prior to April 15, 1986, the
regular practice in effect on April 15, 1986,
with respect to compensatory time off for
such employees in lieu of the receipt of
overtime compensation, shall constitute an
agreement or understanding under such clause
(A) (ii). Except as provided in the previous
sentence, the provision of compensatory time
off to such employees for hours worked after
April 14, 1986, shall be in accordance with
this subsection.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO88-109, text, September 23, 1988; (https://texashistory.unt.edu/ark:/67531/metapth276260/m1/2/: accessed July 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.