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      By: Talarico H.B. No. 5404       A BILL TO BE ENTITLED   AN ACT   relating to overtime compensation for certain state employees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 659, Education Code, is   amended by amending Section 659.015 to read as follows:          Sec. 659.015.  OVERTIME COMPENSATION FOR EMPLOYEES SUBJECT   TO FAIR LABOR STANDARDS ACT. (a) This section applies only to a   state employee who is subject to the overtime provisions of the   federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et   seq.) and who is not an employee of the legislature, including an   employee of the lieutenant governor, or of a legislative agency.          (b)  The employee is entitled to compensation for overtime as   provided by federal law and this section. To the extent that this   section and federal law prescribe a different rule for the same   circumstance, federal law controls without regard to whether this   section or federal law prescribes a stricter rule.          (c)  An employee who is required to work hours in excess of 40   hours in a workweek is entitled to compensation for the excess hours   either by:          (1)  the agency allowing [ or requiring ] the employee to take   compensatory time off at the rate of 1-1/2 hours off for each hour   of overtime; or          (2)  [ at the discretion of the employing agency, in cases in   which granting compensatory time off is impractical, ] the employee   receiving pay for the overtime at the rate equal to 1-1/2 times the   employee's regular rate of pay.          SECTION 2.  This Act takes effect September 1, 2025.