| (B) the number of months during the individual's lifetime
that the individual has provided services to the state in a position
that is not a hazardous duty position.
(2) Applicability of other subsections. Subsections
(a) - (e) of this section apply to a type 1 grandfathered employee
except as provided in this subsection.
(3) Amount for non-hourly employees.
(A) The amount of hazardous duty pay for a type 1 grandfathered
employee who is not hourly and who is not employed by TJJD is equal
to the sum of:
(i) $10 for each 12-month period of state service credit
the employee finished accruing before May 29, 1987; and
(ii) $10 for each 12-month period of lifetime service
credit that is accrued after the date, which must be before May 29,
1987, on which the employee finished accruing the last 12-month period
of state service credit.
(B) The amount of hazardous duty pay for a type 1 grandfathered
employee who is not hourly and who is employed by TJJD is equal to
the sum of:
(i) the dollar amount specified by TJJD under subsection
(c)(2) of this section for each 12-month period of state service credit
the employee finished accruing before May 29, 1987; and
(ii) the dollar amount specified by TJJD under subsection
(c)(2) of this section for each 12-month period of lifetime service
credit that is accrued after the date, which must be before May 29,
1987, on which the employee finished accruing the last 12-month period
of state service credit.
(4) Amount for hourly employees. The amount of hazardous
duty pay for an hourly type 1 grandfathered employee is equal to the
product of:
(A) the amount calculated under paragraph (3) of this
subsection; 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.
(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 TPWD 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 TPWD for any portion of the first workday of that month; and
(C) on May 29, 1987, was receiving or was entitled
to receive hazardous duty pay because the individual on that date
was one of the commissioned law enforcement personnel of TPWD.
(3) Entitlement for certain employees of TDCJ. 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 TDCJ
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 TABC. 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 TABC
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 TABC that is listed in subparagraph
(B)(i) - (iii) of this paragraph; or
(ii) both:
(I) held a position with TABC 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.
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