| (a) Purpose. The purpose of this rule is to establish
eligibility criteria for authorizing custodial officer certification
and hazardous duty pay to employees of the Texas Department of Criminal
Justice (TDCJ) under the authority of Texas Government Code §§508.001,
615.006, 811.001, 813.506, and 815.505; and the General Appropriations
Act.
(b) Definitions. The following words and terms, when
used in this rule, shall have the following meanings unless the context
clearly indicates otherwise:
(1) Custodial Officer Certification is service certification
to the Employees Retirement System of Texas (ERS) for employees the
TDCJ has determined are eligible for custodial officer service credit,
which provides an additional retirement incentive when such employees
have 20 or more years of service credit.
(2) Custodial Officer Service Credit is credit in the
ERS for service performed by employees in a position that has been
classified as a Hazardous Duty Code 1, 2, 3, 4, 6, 7, or 9 in accordance
with this rule.
(3) Direct Offender Contact is interacting with, and
in the close proximity to, offenders without the protection of bars,
doors, security screens, or similar devices while performing job duties.
Such contact normally involves supervision or the potential for supervision
of offenders in offender housing areas, educational or recreational
facilities, industrial shops, kitchens, laundries, medical areas,
maintenance departments, agricultural shops or fields, or in any other
areas on or away from TDCJ property.
(4) Move is a change in position that may consist of
a lateral transfer, promotion, voluntary demotion, or involuntary
demotion.
(5) Offender, for the purpose of custodial officer
certification and hazardous duty pay, is an individual confined in
a TDCJ facility.
(6) Releasee is an individual who has been released
on parole or to mandatory supervision.
(7) Routine Direct Offender Contact is regularly planned
or scheduled direct offender contact while conducting TDCJ business.
Routine direct offender contact does not include travel time, unless
the employees are responsible for the transportation and custody of
offenders.
(c) Procedures.
(1) Custodial Officer Certification. Employees in one
of the following positions are eligible for custodial officer certification:
(A) Hazardous Duty Code 1. These positions are classified
as correctional officer I through warden II.
(B) Hazardous Duty Code 2. These positions include
all positions assigned to a unit, other than Hazardous Duty Code 1
positions, with job duties that require routine direct offender contact.
Examples include: agriculture specialists, maintenance supervisors,
food service managers, laundry managers, classification case managers,
and commissary managers.
(C) Hazardous Duty Code 3. These positions are assigned
to administrative employees whose job duties require routine direct
offender contact at least 50% of the time. Examples include: investigators,
compliance monitors, and accountants routinely required to audit unit
operations.
(i) A request to include a position in this category
shall be submitted to the deputy executive director for approval.
(ii) Employees in such positions and supervisors of
such employees shall complete and submit a Hazardous Duty Log in accordance
with TDCJ procedures to justify custodial officer certification.
(D) Hazardous Duty Code 4. These positions include
administrative employees who routinely respond to emergency situations
involving offenders. Examples include: the executive director, deputy
executive director, Correctional Institutions Division director and
any other positions approved by the deputy executive director.
(E) Hazardous Duty Code 6. These positions are filled
by employees whose custodial officer certifications are grandfathered.
When employees move from Hazardous Duty Code 6 positions, the positions
will be automatically converted to longevity pay. Grandfathered custodial
officer certifications are based on the following criteria:
(i) On August 31, 1995, the employees were assigned
to Hazardous Duty Code 3 positions; and
(ii) The employees continue to have some routine direct
offender contact although it is less than 50% routine direct offender
contact.
(iii) Employees in such positions and supervisors of
such employees shall complete and submit a Hazardous Duty Log in accordance
with TDCJ procedures to justify custodial officer certification.
(F) Hazardous Duty Code 7. These positions include:
(i) Parole officers; and
(ii) Other positions within the Parole Division or
assigned to the Board of Pardons and Paroles which have a majority
of assigned duties that include assessment of risks and needs, investigation,
case management, and supervision of releasees to ensure that releasees
comply with the conditions of parole or mandatory supervision. Positions
also include those who directly supervise or are in a direct line
of supervision over these employees.
(G) Hazardous Duty Code 9. These positions are filled
by employees whose custodial officer certifications are grandfathered.
Custodial officer certifications shall remain grandfathered as long
as the employees remain in Hazardous Duty Code 9 positions. When the
employees move from Hazardous Duty Code 9 positions, the positions
shall be automatically converted to longevity pay. Grandfathered custodial
officer certifications are based on the following criteria:
(i) On August 31, 1995, the employees were assigned
to positions authorized for custodial officer certification and hazardous
duty pay; and
(ii) The employees have been designated as members
of an Emergency Response Team that may respond to emergency situations
involving offenders.
(iii) Employees in such positions and the supervisors
of such employees shall complete and submit an Emergency Response
Log in accordance with TDCJ procedures to justify custodial officer
certification.
(2) Hazardous Duty Pay Authorized Positions. In addition
to the employees described in subsection (c)(1) of this rule, employees
in the following positions may receive hazardous duty pay:
(A) Employees in positions authorized for custodial
officer certification;
(B) Employees in Hazardous Duty Code 8. These positions
are assigned to the Parole Division or the Board of Pardons and Paroles
and do not meet the criteria for Hazardous Duty Code 7. Employees
in these positions have routine direct contact with offenders in a
penal or correctional facility or with administratively released offenders
subject to the jurisdiction or supervision of the Parole Division.
Examples include: clerks and administrative assistants assigned to
parole field offices.
(3) Each month, the TDCJ shall certify to the ERS the
names of the employees and any other information determined and prescribed
by the ERS as necessary for the crediting of custodial officer service
and financing of benefits.
|
| Source Note: The provisions of this §151.51 adopted to be effective April 8, 1996, 21 TexReg 2476; amended to be effective June 9, 1998, 23 TexReg 5989; amended to be effective December 12, 1999, 24 TexReg 10892; amended to be effective August 12, 2004, 29 TexReg 7737; amended to be effective November 16, 2006, 31 TexReg 9330; amended to be effective December 23, 2008, 33 TexReg 10331; amended to be effective October 31, 2013, 38 TexReg 7465; amended to be effective April 26, 2017, 42 TexReg 2267 |
