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,ofHouston 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. Inmaking your request,you have provided us with the following InBmmttWr

"TheUniverstty of Houston is consideringa request for a 10 hour day, 4 day workweek for selected job claeeificationa in themaintenance 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 hourswould include8 "(1)More effectiveutilization of staff during working hours before and after normal teaching-classroomhours. (Thiswill include total coverage of themaintenance 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 employmentoptions and benefits to offset our recruitment, selection and retention handicapswhen competingwith higher pay rates paid in our localmarket 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 departmentsor -5165- '. . . .

lion. Philip G. Hoffman, page 2 (M-1058)

institutionsor agencies, and who are paid on a full-time salary basis, shallwork 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 servicesbe on duty for a longerwork-week in necessary or emergency situations. "Sec. 2. Except as otherwiseprovided in Section 1 of this Act, and except on legal holidays authorized by law, the normal office hours of state departments, institutionsand agencies shallbe from 8:00 a.m. to 5:00p.m., Mondays through Fridays, and these shall be the regular hours of work for all full-time employeesrprovided, however, that such normal working hours for employees of state departments and agencies in the Capitol Area in Austin may be staggered in suchmanner as biennialAppropriations Acts of the Legislature may stipulate or authorize in the interestsof traffic regulation and public safety. Where an executivehead deems it necessary or advisable, officesmay 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 thisAct. It is'further provided that exceptions to the minimum length of the work week may be made by the executivehead of a state agency to take care of any emergency or public necessity that he may find to exist. None of the provisions of thisAct shall apply to persons employed on an hourly basis." This office has not previouslyhad the occasion to consider the recentdevelopment of the ten hour day, four day work week, but we have carefully examined Article 5165a, supra, and the requirements

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of the currentAppropriation Bill,* and we are of the view that such a schedule for certain personnel iswithin the requirements laid down by the Legislature. Regarding your particular circumstances, you indicate that efficient personnel utilizationwould be greatly **aided** by such a work schedule in providing twenty-fourhour coverage for **your** maintenance and operationm functions,and would~also assist inmaintaining employeemorale. In our opinion,the Legislature has authorized the various departments to prescribethe hours to be worked by regular state employees consistent with the nature of the duties to be performed,especiallywhen those dutiesdo not necessarily fall into the regular 8:00 a.m. to 5300 p.m.workday. Attorney, General's OpinionW-644 (1959).

You are accordingly advised that it io the opinion of the Attorney General that state employees are requiredby law to work a **minimum** fortyhour week, but that in situationswhere the admfnistrative head of the agency deems that efficientoperation **of** the agency will be aided thereby he may assign certainpersonnel to a ten hour day, fourday work week. SUMMARY State employees are required by law to work a minimum forty hour week, but in situations where the administrativehead **of** the agency deems that efficient operation of the agency will be aided thereby he may assign certain personnel to a ten hour day, fourday work week. V&)truly yours, 

# 1. c@&F
Generalof Texas
Prepared by Malcolm L. Quick AssistantAttorney General

* S.B. 11,Acts 62nd Leg., R.S., 1971, as amendedby S.B. 7, 1st C.S. same Leg.,Art. V, Sec. 6, at p. V-34.
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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 RolandAllen S. J. Aronson Jim Maxwell SAMMCDANIEL Staff Legal Assistant
ALFRED WALKER ExecutiveAssistant NOLA WRITE First Assistant

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