BILL ANALYSIS S.B. 392 By: Turner Finance 05-02-95 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 contract 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 grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 659.062, Government Code, as follows: Sec. 659.062. HAZARDOUS DUTY PAY. (a) Makes a conforming change. (b)-(d) Make no changes. (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. Makes nonsubstantive changes. Created from existing Subdivision (d)(1). (f) Makes a conforming change. Created from existing Subdivision (d)(2). SECTION 2. Emergency clause. Effective date: 90 days after adjournment.