CHAPTER 605. EIGHT-HOUR WORKDAY - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE A. PROVISIONS GENERALLY APPLICABLE TO PUBLIC OFFICERS

AND EMPLOYEES

CHAPTER 605. EIGHT-HOUR WORKDAY

Sec. 605.001. EIGHT-HOUR WORKDAY FOR CERTAIN PUBLIC WORKS.

Eight hours of work in a calendar day constitute a day's work for

a laborer, worker, or mechanic employed by or on behalf of the

state or a political subdivision of the state for the

construction, repair, or improvement of a building, bridge, road,

highway, stream, or levee or for other similar work.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 605.002. LENGTH OF WORKDAY; EMERGENCY WORK. (a) In a

contract for any work made by or on behalf of the state or a

legal or political subdivision of the state eight hours

constitutes a day's work.

(b) The time spent by a worker in going to and from the

workplace is not a part of the hours of work.

(c) A person having a contract with the state or a legal or

political subdivision of the state may not require or permit a

laborer, worker, or mechanic to work more than eight hours in a

calendar day, except:

(1) in employment to which the Fair Labor Standards Act of 1938

(29 U.S.C. Section 201 et seq.) applies;

(2) in an emergency that may arise in a time of war;

(3) to protect property or human life;

(4) for the housing of inmates of a public institution in case

of fire or destruction by the elements; or

(5) for work financed in whole or part by the federal government

or any of its agencies in which the total number of hours a week

required or permitted of a worker does not exceed the number of

hours a week allowed by federal regulation.

(d) A laborer, worker, or mechanic who works in an emergency

described by Subsection (c) more than eight hours in a calendar

day is entitled to be paid according to the workday provided by

Subsection (a).

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 605.003. CRIMINAL OFFENSE. (a) A person or officer,

agent, or employee of the person commits an offense if the person

or officer, agent, or employee of the person violates any

provision of this chapter.

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $50 or more than $1,000 and confinement

in jail for not more than six months or both a fine and

confinement.

(c) Each day a person violates a provision of this chapter is a

separate offense.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 605.004. FEDERAL LABOR STANDARDS ACT EXEMPTION. An

employer who complies with the overtime provisions of the Fair

Labor Standards Act of 1938 (29 U.S.C. Sec. 201 et seq.) is

considered to comply with the eight-hour day requirements of this

chapter and is not civilly or criminally liable for a violation

of the requirements.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.