Untitled Texas Attorney General Opinion ( 1972 )

Eon. Philip G: Hoffman Opinion No. 'M-1058
President
University of Houston Re: Whether certain zsaintenance
3801 Cullen Boulevard and operations,employees
Houston, Texas 77004 of the University,of Houston
may work on the basis of
a ten hour day, four day
Dear Dr. Hoffman: work,week.
You have requested the opinion of this office regard-
ing the above question. In making your request, you have pro-
vided us with the following InBmmttWr
"The Universtty of Houston is considering a
request for a 10 hour day, 4 day workweek for
selected job claeeificationa in the maintenance
and operation5 department. A majority of full-
time permanent employees in the maintenanae and
operations trades and custodial services would
be affected. The purpose for such realignment
of working hours would include8
"(1) More effective utilization of staff
during working hours before and after normal
teaching-classroom hours. (This will include
total coverage of the maintenance needs on a
24 hour, 7 day basis, as is done currently,
on an 8 hour day and 5 day, 40 hour week basis.)
"(~2)Assistance to our efforts to provide
. non-cash employment options and benefits to
offset our recruitment, selection and retention
handicaps when competing with higher pay rates
paid in our local market for these skills and
services."
Article 5165a, Vernon's Civil Statutes, is quoted as
followec
"Section 1. All etate employees who are
employed in the offioes of state departments or
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. . . .
lion.Philip G. Hoffman, page 2 (M-1058)
institutions or agencies, and who are paid
on a full-time salary basis, shall work
forty (40) hours a week. Provided, however,
that the administrative heads of agencies
whose functions are such that certain services
must be maintained on a twenty-four (24) hours
per day basis are authorized to require that
essential employees engaged in performing such
services be on duty for a longer work-week in
necessary or emergency situations.
"Sec. 2. Except as otherwise provided in
Section 1 of this Act, and except on legal
holidays authorized by law, the normal office
hours of state departments, institutions and
agencies shall be from 8:00 a.m. to 5:00 p.m.,
Mondays through Fridays, and these shall be
the regular hours of work for all full-time
employeesr provided, however, that such normal
working hours for employees of state depart-
ments and agencies in the Capitol Area in
Austin may be staggered in such manner as
biennial Appropriations Acts of the Legis-
lature may stipulate or authorize in the
interests of traffic regulation and public
safety. Where an executive head deems it
necessary or advisable, offices may also be
kept open during other hours and on other
days, and the time worked on such other days
shall count toward the forty (40) hours per
week which are required under Section 1 of
this Act. It is'further provided that ex-
ceptions to the minimum length of the work
week may be made by the executive head of a
state agency to take care of any emergency
or public necessity that he may find to exist.
None of the provisions of this Act shall apply
to persons employed on an hourly basis."
This office has not previously had the occasion to consider
the recent development of the ten hour day, four day work week, but
we have carefully examined Article 5165a, supra, and the requirements
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Ron. Philip G. Hoffman, page 3 (M-1058)
of the current Appropriation Bill,* and we are of the view that
such a schedule for certain personnel is within the requirements
laid down by the Legislature. Regarding your particular circumstances,
you indicate that efficient personnel utilization would be greatly
aided by such a work schedule in providing twenty-four hour coverage
for your maintenance and operationm functions, and would~also assist
in maintaining employee morale. In our opinion, the Legislature has
authorized the various departments to prescribe the hours to be worked
by regular state employees consistent with the nature of the duties
to be performed, especially when those duties do not necessarily
fall into the regular 8:00 a.m. to 5300 p.m.work day. Attorney,
General's Opinion W-644 (1959).
You are accordingly advised that it io the opinion of the
Attorney General that state employees are required by law to work
a minimum forty hour week, but that in situations where the admfnis-
trative head of the agency deems that efficient operation of the
agency will be aided thereby he may assign certain personnel to a
ten hour day, four day work week.
SUMMARY
State employees are required by law to work
a minimum forty hour week, but in situations
where the administrative head of the agency
deems that efficient operation of the agency
will be aided thereby he may assign certain
personnel to a ten hour day, four day work week.
V&)truly yours,
1.
c@&F
General of Texas
Prepared by Malcolm L. Quick
Assistant Attorney General
* S.B. 11, Acts 62nd Leg., R.S., 1971, as amended by S.B. 7, 1st
C.S. same Leg., Art. V, Sec. 6, at p. V-34.
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r.,. I
. -
.
Hon. Philip G. Hoffman, page 4 (M-1058)
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Ivan Williams
Roland Allen
S. J. Aronson
Jim Maxwell
SAM MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WRITE
First Assistant
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