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.