| (a) A rural sheriff's office salary assistance grant
awarded under this subchapter and Local Government Code, §130.911,
may only be used:
(1) to provide a minimum annual salary of at least:
(A) $75,000 for the county sheriff;
(B) $45,000 for each deputy sheriff who performs motor
vehicle stops in the routine performance of their duties; and
(C) $40,000 for each jailer whose duties include the
safekeeping of prisoners and the security of a jail operated by the
county; and
(2) provided that each county sheriff that meets the
definition in §16.300(3) of this title, and each deputy sheriff
that meets the definition in §16.300(4) of this title, and county
jailer that meets the definition in §16.300(2) of this title
that is employed by the county sheriff receives the minimum salary
described by paragraph (1) of this subsection,
(A) to increase the salary of a person described by
paragraph (1) of this subsection;
(B) to hire additional deputies or staff for the sheriff's
office; or
(C) to purchase vehicles, firearms, and safety equipment
for the sheriff's office.
(b) A rural constable's office salary assistance grant
awarded under this subchapter and Local Government Code, §130.912:
(1) may only be used to provide a minimum annual salary
of $45,000 to a qualified constable; and
(2) for each qualified constable whose salary is funded
in part by the grant awarded under this subchapter, the county must
contribute at least 75% of the money required to meet the minimum
annual salary requirement.
(c) A rural prosecutor's office salary assistance grant
awarded under this subchapter and Local Government Code, §130.913,
may only be used:
(1) to increase the salary of an assistant attorney,
an investigator, or a victim assistance coordinator employed at the
prosecutor's office; or
(2) to hire additional staff for the prosecutor's office.
(d) A minimum annual salary as described in subsections
(a)(1) and (b)(1) of this section does not include any overtime compensation.
A salary increase includes increases required to bring a salary to
the minimum annual salary as described by subsections (a)(1) and (b)(1)
of this section, and salary increases described by subsections (a)(2)(A)
and (c)(1) of this section, and will be measured based on the salary
provided on the last day of the entity’s fiscal year ending
in 2023, excluding any overtime. The cost of a salary increase as
described in this section includes the increase of legally required
nonmonetary benefits and taxes for that salary. A salary increase
does not include overtime and the cost of a salary increase does not
include an increase of legally required nonmonetary benefits and taxes
for overtime compensation. For example, in Fiscal Year 2023, a county
sheriff's minimum annual salary is $50,000 and the county pays $3825.00
for the employer's share of payroll taxes, pays $2500 to Texas County
and District Retirement System (TCDRS) for an employer's matching
retirement contribution, and $2500 for health insurance premiums.
In Fiscal Year 2024, because of the grant, the annual salary is $75,000,
the employer's share of payroll taxes is $5737.50, the employer's
matching contribution to TCDRS is $3750, and health insurance premiums
are $2500. The county may use grant funds to increase the sheriff's
annual budget by $25,000 + $1912.50 + $1250 = $28,162.50. A county
may only use grant funds for the legally required nonmonetary benefits
and taxes for a salary if the county provides the minimum annual salary
required by subsections (a)(1) and (b)(1) of this section, if applicable.
A county may not reduce a salary below a minimum salary required by
subsection (a)(1) or (b)(1) of this section in order to use grant
funds for legally required nonmonetary benefits and taxes for that
salary.
(e) For the purpose of subsection (a)(1) of this section,
if a grant recipient does not have sufficient grant funding to fund
the minimum annual salaries required by this subsection, the grant
recipient may use grant funds to increase the salaries of the persons
described in that subsection on a pro-rata basis.
(f) If a person described by subsection (a)(1) or (b)(1)
of this section is a part-time or hourly employee, or holds a dual
office or otherwise divides work hours between a position described
in this section and another position, the minimum annual salary required
by this section may be converted to a minimum hourly wage and will
apply only to the hours of work performed for a position described
in this section.
(1) for an employee with a 40-hour work week, the minimum
hourly wage shall be the product of:
(A) the minimum annual salary described in this section;
and
(B) a quotient:
(i) the numerator of which is equal to the number of
hours the employee normally works performing duties for a position
described in this section each week, not to exceed 40; and
(ii) the denominator of which is equal to 40; and
(2) for an employee with a county adopted work period
as authorized by the Fair Labor Standards Act, 29 U.S.C.A. §
207(k), the minimum hourly wage shall be the product of:
(A) the minimum annual salary described in this section;
and
(B) a quotient:
(i) the numerator of which is equal to the number of
hours the employee normally works performing duties for a position
described in this section each period, not to exceed the number of
hours that are nonovertime as determined under the Fair Labor Standards
Act; and
(ii) the denominator of which is equal to the number
of hours that are nonovertime as determined under the Fair Labor Standards
Act.
(g) For grants awarded under Local Government Code, §130.911
or §130.912, grant funds may only be used for the state purpose
of ensuring professional law enforcement throughout the state. For
grants awarded under Local Government Code, §130.913, grant funds
may only be used for the state purpose of ensuring professional legal
representation of the people's interests throughout the state.
(h) A person whose salary increase may be paid with
grant funds under subsections (a)(2)(A) or (c)(1) of this section
may be paid an increase in hourly wages if they are paid an hourly
wage rather than an annual salary.
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