THEATJTORNEY GENERAI. 

OF T-EAUSVI-IN I~TEXAR 

BVILY. WILSON 

A~TOHNRY DSNKHAL 

June 15, 1959 

Honorable J. E. Peavy, M.D. 

Commissioner of Health 

Department of Health 

Austin, Texas 

Opinion No. ~~-644 

Re: Under the Meat Ins ection Law, Article fl 476-X 

Vernon's Civil Statutes, 

and the General Approprlation Act, may the Department of Health grant compensatory time to inspecDear Dr. Peavy: tion employees? 

You have requested our opinion on whether, under the 

Meat Inspection Law, Article 4476-3, Vernon's' Civil Statutes, 

and the General Appropriation Act, the Department of Health 

may grant compensatory time to inspection employees for work 

%n,'excess of eight hours per day nor forty hours per week, as 

well as for work on official holidays. 

Section 14a oft Article 4476-3, Vernon's Civil Statute~s, 

reads as follows: 

'Sec. 14a. Any person, flrm,~assoclatlon, or 

corporation desiring to use~the 'Texas State Appro.ved' meat label in representing, publishing, 

or advertising any meat or meat food products 

offered for sale or to be sold in this State for 

human consumption shall pay for the necessary inspection service, and the State Board of Health 

shall adopt rules and regulations relating to such 

inspection charges which will,. in effect, provide 

that the fees charged shall be fixed as nearly as 

possible with reference to the cost of maintaining 

the Inspection service by the State Health Department which is necessary to permit the use ~of the 

'Texas State Approved Meat for Human Food' label. 

Any such moneys charged and collected for such 

Inspection service shall be payable to the State 

Health Department and shall be deposited In 

the State Treasury in a special account to 

the credit of the State Health Department and 

used for the purpose of carrying out the program 

of inspection which is necessary before the 
Honorable J. E. Peavy, M.D. page 2. (~~-644) 

issuing of permits for the use of the 'Texas 

State Approved Meat for Human Food' label." 

Your request indicates that, because of the irregular 

hours required by packing plant operations, the inspectors 

are often required to work more than forty hours per week, 

and in some instances as much as fifty to sixty hours per 

week. It is our understanding that the meat inspectors 

are salaried annual employees, paid In twelve equal monthly 

Installments., 

Section 26 of Article VI of House Bill 133, Acts 

55th 

870 ( 

legislature, Regular Session, 1957, chapter 385, page 

:the current General Appropriation Bill), provides the 

employment policies for State employees, relating to hours 

of work. Subsection (a) of Section 26, provides in part 

as follows: 

“a . Office hours of State agencies will 

be from g:OO a. m. to 5~00 p..m., Monday through 

Friday of each week except holidays authorized 

In this Act. The responsible executive head 

will arrange for the State headquarters of each, 

agency to be open on each Saturday from 8:OO a.m. 

to 12:00 noon with an administrative assistant 

on duty in order to carry out, any business of 

the a ency. 

work & 

Regular employees of the State shall 

0 hours a week excepting official holidays. 

It is further provided that exceptions to the 

minimum length of work week may be made by the 

operating head of a state agency for house parents 

and other employees whose duties require them to 

reside in a State hospital or Institution; for 

guards, firemen, and other employees whose services 

are required for longer periods in the public 

Interest; and pursuant to Article II of this Act." 

In ouropinion, 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, es 

8 

ecially when these duties will 

not fall Into the regular ~00 a.m. to 5~00 p.m. work day, 

or the forty hour week. In view of the nature of the duties 

to be performed by the Inspectors in question, you are advised that you are authorized to establish the hours such 

employees will work, and the hours they may be let off, so 

long as such employees meet the minimum requirement that 
Honorable J. E. Peavy, M.D. page 3. (~~-644) 

regular State employees work at least or in excess of an 

average of forty hours per week. 

Your question is answered in the affirmative, so 

long as the work hours of the employees in question conform to the minimum requirement of the General Appropriation Bill. 

SUMMARY 

Under Article 4476-3, Vernon's Civil 

Statutes, and the General Appropriation Bill, the Department of Health 

has authority to establish a policy 

granting compensatory time off for 

employees who work in excess of eight 

hours per day or forty hours per week. 

Yours very truly, 

TIM:& 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

Robert T. Lewis 

C. Dean Davis 

J. Arthur Sandlin 

Henry G. Braswell 

WILL WILSON 

Attorney General of Texas 

BY&~'~~ 

Tom I. McFarllng 

Assistant 

REVIEWED FORTHE ATTORNEY GENERAL 

BY: W. V. Geppert