| (a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Calendar month--The period from the first day through
the last day of January, February, March, April, May, June, July,
August, September, October, November, or December.
(2) Classified position--A position included in the
position classification plan in the General Appropriations Act, Article
IX.
(3) Correctional officer--An employee in a job class
designated by TDCJ as a correctional officer holding a hazardous duty
position.
(4) Day--The 24 consecutive hour period beginning at
12:00 midnight and ending at 11:59 p.m.
(5) Full-time state employee--Has the meaning assigned
by Government Code, §659.301(1).
(6) Hazardous duty position--A position in the service
of the state that:
(A) renders any individual holding that position a
"state employee," as defined in paragraph (11) of this subsection;
or
(B) requires the performance of hazardous duty.
(7) Lifetime service credit--The number of months that
an individual has served in a hazardous duty position during the individual's
lifetime.
(8) Part-time state employee--Has the meaning assigned
by Government Code, §659.301(4).
(9) Regular hours--The number of hours an individual
actually works during a month.
(10) Standard hours--The total number of hours that
an individual would work during a month if the individual worked exactly
eight hours during each workday of that month.
(11) State employee--An individual who is a state employee
under subsection (b)(1)(A) or (b)(2)(A) of this section.
(12) TABC--The Texas Alcoholic Beverage Commission.
(13) TDCJ--The Texas Department of Criminal Justice.
(14) TJJD--The Texas Juvenile Justice Department.
(15) TPWD--The Texas Parks and Wildlife Department.
(16) Type 1 grandfathered employee--A state employee
whose compensation for services provided to the state during any month
before August 1987, included hazardous duty pay that was based on
total state service performed before May 29, 1987.
(17) Type 2 grandfathered employee--An individual who
is entitled to receive hazardous duty pay under subsection (g) of
this section.
(18) Workday--Has the meaning assigned by Government
Code, §659.301(6).
(b) Receiving hazardous duty pay.
(1) Individuals not employed by TJJD.
(A) In this paragraph, "state employee" has the meaning
assigned by Government Code, §659.301(5).
(B) Hazardous duty pay may not be paid to an individual
who does not satisfy both of the criteria in Government Code, §659.302(a),
except as provided in subsection (g) of this section, concerning type
2 grandfathered employees.
(C) An individual's ceasing to be a state employee
sometime during a month does not affect the individual's hazardous
duty pay entitlement for that month. The full amount of hazardous
duty pay must be paid to the individual.
(D) For purposes of Government Code, §659.302(a)(2),
the 12 months of lifetime service credit are not required to be 12
continuous months.
(E) This paragraph does not apply to an individual
employed by TJJD.
(2) Individuals employed by TJJD.
(A) In this paragraph, "state employee" means an individual
who:
(i) has routine direct contact with youth:
(I) placed in a residential facility of TJJD; or
(II) released under TJJD's supervision; or
(ii) is an investigator, inspector general, security
officer, or apprehension specialist employed by TJJD's office of the
inspector general.
(B) Except as provided in Government Code, §659.303,
TJJD may include hazardous duty pay in the compensation paid to an
individual for services rendered during a month if the individual:
(i) is a state employee for any portion of the first
workday of the month; and
(ii) has completed at least 12 months of lifetime service
credit not later than the last day of the preceding month.
(C) Hazardous duty pay may not be paid to an individual
who does not satisfy both of the criteria in subparagraph (B) of this
paragraph.
(D) An individual's ceasing to be a state employee
sometime during a month does not affect the individual's hazardous
duty pay eligibility for that month.
(E) For purposes of subparagraph (B)(ii) of this paragraph,
the 12 months of lifetime service credit are not required to be 12
continuous months.
(F) This paragraph applies only to an individual employed
by TJJD.
(c) Amount of hazardous duty pay.
(1) Monthly amount for individuals employed by TJJD.
(A) The amount of hazardous duty pay that TJJD pays
monthly to a full-time state employee must be expressed in terms of
a specific dollar amount for each 12-month period of lifetime service
credit and, for type 1 grandfathered employees, for each 12-month
period of state service credit. The amount must be the same for each
type of service credit.
(B) The amount of hazardous duty pay that TJJD pays
monthly to a full-time state employee may not exceed $10 for each
12-month period of lifetime service credit accrued by the employee.
(C) In this paragraph, "state employee" has the meaning
assigned by subsection (b)(2)(A) of this section.
(D) This paragraph applies only to an individual employed
by TJJD.
(2) Part-time state employees.
(A) The amount of a part-time state employee's hazardous
duty pay is equal to the product of:
(i) the amount of hazardous duty pay that the employee
would receive if the employee were a full-time state employee; and
(ii) a quotient:
(I) the numerator of which is equal to the number of
hours the employee normally works each week, not to exceed 40; and
(II) the denominator of which is equal to 40.
(B) For purposes of subparagraph (A)(ii)(I) of this
paragraph, the number of hours that a part-time state employee normally
works each week during a particular month is equal to the number of
hours that the employee is scheduled to work each week as of the first
workday of that month.
(3) Hourly state employees. The amount of an hourly
state employee's hazardous duty pay for a particular month is equal
to the product of:
(A) the amount of hazardous duty pay that the employee
would receive if the employee were a full-time state employee; and
(B) a quotient:
(i) the numerator of which is equal to the number of
regular hours for the employee for that month, not to exceed the number
of standard hours for that month; and
(ii) the denominator of which is equal to the number
of standard hours for that month.
(4) Correctional officers of TDCJ.
(A) The amount of hazardous duty pay for a particular
month for a full-time correctional officer employed by TDCJ is the
lesser of:
(i) $12 for each 12-month period of lifetime service
credit accrued by the employee; or
(ii) $300.
(B) The amount of hazardous duty pay that TDCJ pays
a part-time correctional officer is equal to the product of:
(i) the amount of hazardous duty pay that the employee
would receive if the employee were a full-time correctional officer;
and
(ii) a quotient:
(I) the numerator of which is equal to the number of
hours the employee normally works each week, not to exceed 40; and
(II) the denominator of which is equal to 40.
(C) The amount of hazardous duty pay that TDCJ pays
an hourly correctional officer is equal to the product of:
(i) the amount of hazardous duty pay that the employee
would receive if the employee were a full-time correctional officer;
and
(ii) a quotient:
(I) the numerator of which is equal to the number of
regular hours for the employee for that month, not to exceed the number
of standard hours for that month; and
(II) the denominator of which is equal to the number
of standard hours for that month.
(d) Timing for payment of hazardous duty pay.
(1) Employees paid once each month.
(A) This paragraph applies to a state employee only
if the employee is normally paid once each month.
Cont'd... |
