BILL ANALYSIS



S.B. 392
By: Turner (Stiles)
05-17-95
Committee Report (Unamended)


BACKGROUND

The 73rd Legislature passed H.B. 819 authorizing certain employees
of the Texas Youth Commission (TYC) to receive hazardous duty pay
of $7 per month for each year of service in a hazardous duty
position.  The version signed by the governor restricted the
hazardous duty pay to employees with routine, direct contact with
youth in a TYC residential facility or with youth placed on parole. 
This version specifically exempted central office staff and
employees who have only occasional contact with youth.  TYC staff
became eligible for hazardous duty pay in September 1993.

TYC employees are not automatically entitled to receive hazardous
duty pay; they receive the pay only when funds are available to pay
it.  As a result, there are questions as to whether the legislature
intended TYC employees to forgo their longevity pay entitlement
with the possibility that they will receive hazardous duty pay in
the future.

PURPOSE

As proposed, S.B. 392 authorizes employees of the Texas Youth
Commission who receive hazardous duty pay to receive longevity pay
for time accrued in a hazardous duty position during periods when
they do not receive the full amount of hazardous duty pay.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 659.062, Government Code, as follows:  
(a) Makes a conforming change.  

(b)-(d) Makes no change.  

(e) Authorizes an employee of the Texas Youth Commission
(commission) who has direct contact with youth placed in a
residential facility of the commission to receive hazardous duty
pay (hazard pay) in an amount that does not exceed the amount
authorized by Subsection (a), subject to conditions and limitations
related to the receipt of hazard pay prescribed by this section or
the General Appropriations Act, except that during periods when
commission employees do not receive the full amount of hazard pay
for which they are eligible, they are entitled to receive longevity
pay for accrued time in a hazardous duty position until hazard pay
resumes.  

(f) Makes a conforming change; created from existing Subdivision
(d)(2).

SECTION 2.  Emergency clause.  Effective date: 90 days after
adjournment.

SUMMARY OF COMMITTEE ACTION

On May 17, 1995, the Committee on Appropriations convened in a
public hearing.  The Chair recognized Rep. Junell to lay out S.B.
392.  The following witness testified on the bill: Mr. Neil
Nichols, General Counsel, Texas Youth Commission.  No one testified
for or against the bill.  Rep. Henry Cuellar moved to report S.B.
392 favorably.  The motion prevailed by a record vote of 18 Ayes,
0 Nayes, 0 PNV, 9 Absent.