By: Turner S.B. No. 392
A BILL TO BE ENTITLED
AN ACT
1-1 relating to contingency longevity pay for Texas Youth Commission
1-2 employees in hazardous duty positions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 659.062, Government Code, is amended to
1-5 conform to Chapter 85, Acts of the 73rd Legislature, 1993, and is
1-6 amended to read as follows:
1-7 Sec. 659.062. HAZARDOUS DUTY PAY. (a) An eligible employee
1-8 is entitled to hazardous duty pay of $7 a month for each year of
1-9 service as an employee of this state in a position that requires
1-10 the performance of hazardous duty, not to exceed 30 years of such
1-11 service. Except as provided by Subsection (c) or (e), this
1-12 hazardous duty pay is instead of other hazardous duty or longevity
1-13 pay.
1-14 (b) The following employees are eligible for hazardous duty
1-15 pay under this section:
1-16 (1) commissioned law enforcement personnel of the
1-17 Department of Public Safety;
1-18 (2) commissioned law enforcement personnel of the
1-19 General Services Commission;
1-20 (3) a commissioned security officer of the state
1-21 treasury;
1-22 (4) commissioned law enforcement personnel of the
1-23 Texas Alcoholic Beverage Commission;
2-1 (5) a law enforcement officer commissioned by the
2-2 Parks and Wildlife Commission;
2-3 (6) a commissioned peace officer of a state
2-4 institution of higher education;
2-5 (7) commissioned law enforcement personnel of the
2-6 institutional division of the Texas Department of Criminal Justice;
2-7 (8) an employee or official of the Board of Pardons
2-8 and Paroles or the pardons and paroles division of the Texas
2-9 Department of Criminal Justice who has routine direct contact with
2-10 inmates of any penal or correctional institution or with
2-11 administratively released prisoners subject to the board's
2-12 jurisdiction; and
2-13 (9) an employee certified to the Employees Retirement
2-14 System of Texas under Section 815.505 as having performed as a law
2-15 enforcement officer or custodial officer during a fiscal year.
2-16 (c) A state employee who has received longevity pay under
2-17 Subchapter D for service in a position that does not require the
2-18 performance of hazardous duty and who transfers to a position for
2-19 which the employee is eligible to receive hazardous duty pay is
2-20 entitled to continue to receive longevity pay for the years of
2-21 service to the state performed in the prior position. The employee
2-22 is not entitled to additional longevity pay for the period in which
2-23 the employee receives hazardous duty pay, but that period is
2-24 included in computing the employee's total years of service as an
2-25 employee of the state.
3-1 (d) A state employee who, after performance in a position
3-2 that requires the performance of hazardous duty, transfers to a
3-3 position that does not require the performance of hazardous duty is
3-4 not entitled to a continuation of the hazardous duty pay earned in
3-5 the prior position but is entitled to longevity pay for each year
3-6 of service as an employee of the state, including the years of
3-7 service in a position for which the employee was entitled to
3-8 hazardous duty pay.
3-9 (e) <(d)(1)> An employee of the Texas Youth Commission,
3-10 other than agency central office employees or employees whose work
3-11 in an agency facility involves only occasional contact with youth,
3-12 who has routine direct contact with youth placed in a residential
3-13 facility of the commission or with youth released under the
3-14 commission's supervision may receive hazardous duty pay in an
3-15 amount that does not exceed the amount authorized by Subsection (a)
3-16 <of this section>, subject to any condition or limitation related
3-17 to receipt of the hazardous duty pay prescribed by<:>
3-18 <(A) Subsections (a)-(c) of> this section<;> or
3-19 <(B)> the General Appropriations Act, except
3-20 that during periods when Texas Youth Commission employees do not
3-21 receive the full amount of the hazardous duty pay for which they
3-22 are eligible, they are entitled to receive longevity pay for time
3-23 accrued in a hazardous duty position, but only until hazardous duty
3-24 payments resume.
3-25 (f) <(2)> No hazardous duty payments shall be made from
4-1 funds authorized for payment of across-the-board employee salary
4-2 increases. The receipt of hazardous duty pay under Subsection (e)
4-3 <this subsection> does not qualify an employee for retirement
4-4 benefits from the law enforcement and custodial officer
4-5 supplemental retirement fund.
4-6 SECTION 2. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.