HB 5404
Talarico Bill Strikes Mandatory Comp Time For State Workers
Died in committee
Verdict: No flags
Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption
relating to overtime compensation for certain state employees.
Caption from analyzed text · version I.
Summary
Over 40 hours? Time and a half, as cash or as comp time the agency allows.
This bill changes how Texas state agencies handle overtime for hourly state workers covered by federal overtime law. It strikes the language that lets an agency require comp time and the language that lets an agency pay cash for overtime only at its discretion when comp time is impractical. Covered workers who put in more than 40 hours a week get overtime at time and a half either as comp time the agency allows or as cash pay, starting September 1, 2025.
Labels
Labels: NEVER GOT A HEARING. Filed Mar 14, 2025 and referred to the House Delivery of Government Efficiency committee. No public hearing. The bill died.
Receipt
The receipt
89R-HB5404 · 2025-03-14
SOLD BY
ITEM
relating to overtime compensation for certain state employees.
WHAT IT DOES
Over 40 hours? Time and a half, as cash or as comp time the agency allows.
This bill changes how Texas state agencies handle overtime for hourly state workers covered by federal overtime law. It strikes the language that lets an agency require comp time and the language that lets an agency pay cash for overtime only at its discretion when comp time is impractical. Covered workers who put in more than 40 hours a week get overtime at time and a half either as comp time the agency allows or as cash pay, starting September 1, 2025.
CHARGES
[ ] NONE FOUND
TOTAL
No fiscal note in the loaded record.
HISTORY
- Filed
- Read first time
- Referred to Delivery of Government Efficiency
FILED UNDER
GOVERNMENT GROWTH UNDER A CONSERVATIVE BANNER
THE TEXT
…“the employee receiving pay for the overtime at the rate equal to 1-1/2 times the employee's regular rate of pay”
Bill text, introduced version (I)
The bill removes the agency's discretion over cash overtime and opens the cash route to state employees, which changes how state workers are paid.
THANK YOU FOR CHECKING THE RECEIPT
CAMPAIGN PAID FOR BY
CAMPAIGN PAID FOR BY
Donors
Not tied to this bill.
Sources
The author's campaign account only. Own money and internal transfers are separate on the member page.
Derived itemized flow · Jul 1, 2024 to Jun 9, 2026. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Missing data does not establish zero giving. Display amounts are rounded.
Votes
No floor vote loaded for this bill.
Fiscal
No fiscal note in the loaded record.
How this was graded
Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.
Sources
Texas House · Filed Mar 14, 2025
04/07/2025 H Referred to Delivery of Government Efficiency: Apr 7 2025 5:28PM
Texas Legislature Online · Introduced
Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Delivery of Government Efficiency · Final status: Died in committee
Subjects
Labor--Wages
State Employees
COMPENSATORY TIME
Text
The text as introduced · 267 words
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.