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.