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 regarding the above question. In making your request, you have provided 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 fulltime 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 departments and agencies in the Capitol Area in 

Austin may be staggered in such manner as 

biennial Appropriations Acts of the Legislature 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 exceptions 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 admfnistrative 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 

. - 

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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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