February 8, 1988 

P. 

Honorable Ray Farabee 

Chairman 

State Affairs Committee 

Texas State Senate 

Opinion No. 

Re: Whether 

than 10,000 

m-854 

a city of more 

inhabitants is . 

P. 0. Box 12068 required to grant a minimum 

Austin, Texas 78711 30-minute meal break to 

police officers (RQ-1231) 

Dear Senator Farabee: 

You ask whether a city having a population in excess 

of 10,000 is required to give its police officers at least 

a thirty minute meal break during their work period. Your 

question is prompted by language found in House Bill No. 

2250, enacted during the regular session of the 70th 

Legislature (Acts 1987, 70th Leg., ch. 933, at 6272). 

House Bill No. 2250 amended article 1269p, V.T.C.S. This 

article was also repealed and recodified during the same 

legislative session as section 142.001 of the Local 

Government Code. Acts 1987, 70th Leg., ch. 149, at 1397, 

1721 and.2545. The repeal of a statute in a recodification does not affect an amendment to that statute by the 

same legislature. See Gov't Code 9311.031(c). Therefore, 

any language found in House Bill No. 2250 that is 

inconsistent with or in addition to language in the 

recodification will be preserved and given effect. 

Both House Bill No. 2250 and section 142.001 of the 

Local Government Code relate to the hours of labor of 

firefighters and police officers in cities with a 

population in excess of 10,000 inhabitants. The statutes 

provide details for determining the number of hours to be 

worked and the rate of pay for certain employees. Subsections (j) and (k) of section 142.001 (formerly section 

6A of article 1269p) provide: (1) the maximum number of 

hours that a police officer may be required to work during 

a calendar week: and (2) the officer's entitlement to 

compensatory pay or compensatory leave for overtime 

worked. 

In House Bill No. 2250, the legislature specified the 

time to be taken into account in determining an officer's 

p. 4132 
Honorable Ray Farabee - Page 2 p-854) 

compensation. Section 2 of the bill amended section 6A of 

article 1269p, V.T.C.S., by adding the following language: 

Compensable hours of work includes all of 

the time during which a policeman is on duty 

on the city's premises or at a prescribed 

workplace, as well as all other time during 

which the policeman is suffered or permitted 

to work for the city. Such time includes 

all preshift activities and postshift 

activities which are an integral part of the 

policeman's principal activity or which are 

closely related to the performance of the 

principal activity. Time saent awav from 

the citv's nremises under condrtions that 

are so circumscribed that thev restrict the 

policeman from effectivelv usina the time 

for nersonal oursuits also constitutes hours 

of work. Bona fide meal neriods are not 

yorktime. Bona fide meal neriods do not 

include coffee breaks or time for snacks. 

: ol'c m e elieved 

from dutv fo: the nurooses of eatina reaular 

meals. Ordinarilv 30 minutes or more is 

lona enouah for a bona fide meal neriod. A 

shorter neriod mav be lona enouah under 

snecial conditions. The ooliceman is not 

relieved if he is recuired to nerform any 

duties. whether active or inactive, while 

eating. (Emphasis added.)1 

The purpose of the reference to meal periods is 

unambiguous; if the period is not to be considered as 

compensable worktime, then the officer must be relieved of 

all official duties, and the period must generally meet or 

exceed thirty minutes. In providing the thirty minute 

guideline, the legislature is providing a guide to cities 

to distinguish between compensable and noncompensable 

time. As we read the above-quoted language, there is no 

requirement for a city to provide a thirty minute meal 

break. There is a requirement that a city include meal 

1. This section does not apply to a city with a 

population in excess of 1.5 million inhabitants. Section 

4 of House Bill No. 2250 added section 6E to article 1269p 

to establish the hours for police officers in those 

cities. 

?, 

---. 

1 

p. 4133 
Honorable Ray Farabee - Page 3 (m-854) 

breaks of less than thirty minutes in its calculation of 

an officer's pay. An exception is provided for special 

conditions. Also, the language requires any meal period, 

regardless of duration, to be considered worktime unless 

the police officer is fully relieved of his duties for the 

purpose of eating a regular meal. 

We note that article 5154c-1, V.T.C.S. (the Fire and 

Police Employee Relations Act), may be relevant to your 

inquiry. This statute authorizes collective bargaining 

for firefighters and police officers in cities, towns, and 

other political subdivisions which adopt the provisions 

of the statute. "Wages, hours, working conditions and all 

other terms and conditions of employmentt' are 

negotiation under this statute. 

subject to 

Sec. 5(a). 

SUMMARY 

House Bill No. 2250 does not require a 

city with a population in excess of 10,000 

inhabitants to provide its police officers a 

minimum meal period of thirty minutes. If a 

police officer is not fully relieved of his 

duties for the purpose of eating a regular 

meal, a meal period is considered compensable work time. 

WARY KELLER 

First Assistant Attorney General 

LOU MCCREARY 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAEIEY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Karen C. Gladney 

Assistant Attorney General 

p. 4134