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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 5FUNDS MANAGEMENT (FISCAL AFFAIRS)
SUBCHAPTER DCLAIMS PROCESSING--PAYROLL
RULE §5.39Hazardous Duty Pay

      (ii) the denominator of which is equal to the number of standard hours for that month.

  (5) Limitation. A type 1 grandfathered employee may not receive more than $10 for each 12 month period of state service credit or lifetime service credit, regardless of the number of positions the employee holds or the number of hours the employee works each week.

(g) Exceptions for type 2 grandfathered employees.

  (1) Applicability of other subsections. Subsections (a) - (e) of this section apply to a type 2 grandfathered employee as if the employee were a state employee, except as provided in this subsection.

  (2) Entitlement for certain Parks and Wildlife Department personnel. Hazardous duty pay must be included in the compensation paid for services rendered to the state during a month by an individual who:

    (A) is not a state employee on the first workday of that month;

    (B) is one of the commissioned law enforcement personnel of the Parks and Wildlife Department for any portion of the first workday of that month; and

    (C) on May 29, 1987, was receiving or was entitled to be receiving hazardous duty pay because the individual on that date was one of the commissioned law enforcement personnel of the Parks and Wildlife Department.

  (3) Entitlement for certain employees of the Texas Department of Criminal Justice. Hazardous duty pay must be included in the compensation paid for services rendered to the state during a month by an individual who:

    (A) is not a state employee on the first workday of that month;

    (B) holds any of the following positions with the Texas Department of Criminal Justice for any portion of the first workday of that month:

      (i) correctional officer I through warden;

      (ii) a position that requires the individual to work on a unit and have routine direct contact with inmates, e.g., farm manager, livestock supervisor, maintenance foreman, shop foreman, medical assistant, food service supervisor, steward, education consultant, commodity specialist, correctional counselor;

      (iii) a position assigned to an administrative office and requiring routine direct contact with inmates, e.g., investigator, compliance monitor, an accountant routinely required to audit unit operations, sociologist, interviewer, classification officer, supervising counselor;

      (iv) a position that requires the individual to respond to emergency situations involving inmates, e.g., director, deputy director, assistant director, administrative duty offices, except that not more than 25 administrative duty officers may qualify under this clause;

      (v) a position that requires the individual to work within the prison compound or have daily contact with inmates, except that not more than 500 individuals may qualify under this clause; or

      (vi) warden I or II, assistant warden, major of correctional officers, captain of correctional officers, lieutenant of correctional officers, sergeant of correctional officers, or correctional officer I, II, or III; and

    (C) on May 29, 1987, was receiving or was eligible to receive hazardous duty pay because the individual on that date held a position with the Texas Department of Corrections that is listed in subparagraph (B) of this paragraph.

  (4) Entitlement for certain employees of the Texas Alcoholic Beverage Commission. Hazardous duty pay must be included in the compensation paid for services rendered to the state during a month by an individual who:

    (A) is not a state employee on the first workday of that month;

    (B) holds any of the following positions with the Texas Alcoholic Beverage Commission for any portion of the first workday of that month:

      (i) chief or assistant chief of enforcement and marketing practices;

      (ii) district supervisor or assistant district supervisor;

      (iii) senior agent or agent I, II, or III;

      (iv) port of entry supervisor or port of entry inspector I or II;

      (v) supervising auditor I or II or auditor I, II, or III;

      (vi) assistant director of auditing and tax reporting; or

      (vii) senior tax auditor; and

    (C) on May 29, 1987, was receiving or was eligible or entitled to receive hazardous duty pay because the individual on that date:

      (i) held a position with the Texas Alcoholic Beverage Commission that is listed in subparagraph (B)(i) - (iii) of this paragraph; or

      (ii) both:

        (I) held a position with the Texas Alcoholic Beverage Commission that is listed in subparagraph (B)(iv) - (vii) of this paragraph; and

        (II) was receiving hazardous duty pay on August 31, 1981, because the individual on that date was engaged in full time law enforcement work while holding any of the following classified positions:

          (-a-) supervisor tax collector;

          (-b-) tax collector I or II;

          (-c-) district supervisor;

          (-d-) chief or assistant chief, enforcement division;

          (-e-) assistant district supervisor;

          (-f-) inspector I or II;

          (-g-) supervising auditor I;

          (-h-) auditor I, II, or III;

          (-i-) supervisor or assistant supervisor, marketing practices;

          (-j-) special project director;

          (-k-) director of auditing; or

          (-l-) assistant director of auditing.


Source Note: The provisions of this §5.39 adopted to be effective September 28, 2004, 29 TexReg 9202; amended to be effective February 16, 2006, 31 TexReg 857; amended to be effective February 17, 2008, 33 TexReg 1119

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