1-1  By:  Turner                                            S.B. No. 392
    1-2        (In the Senate - Filed January 31, 1995; February 2, 1995,
    1-3  read first time and referred to Committee on Finance; May 1, 1995,
    1-4  reported favorably by the following vote:  Yeas 10, Nays 0;
    1-5  May 1, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to contingency longevity pay for Texas Youth Commission
    1-9  employees in hazardous duty positions.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 659.062, Government Code, is amended to
   1-12  conform to Chapter 85, Acts of the 73rd Legislature, 1993, and is
   1-13  amended to read as follows:
   1-14        Sec. 659.062.  HAZARDOUS DUTY PAY.  (a)  An eligible employee
   1-15  is entitled to hazardous duty pay of $7 a month for each year of
   1-16  service as an employee of this state in a position that requires
   1-17  the performance of hazardous duty, not to exceed 30 years of such
   1-18  service.  Except as provided by Subsection (c) or (e), this
   1-19  hazardous duty pay is instead of other hazardous duty or longevity
   1-20  pay.
   1-21        (b)  The following employees are eligible for hazardous duty
   1-22  pay under this section:
   1-23              (1)  commissioned law enforcement personnel of the
   1-24  Department of Public Safety;
   1-25              (2)  commissioned law enforcement personnel of the
   1-26  General Services Commission;
   1-27              (3)  a commissioned security officer of the state
   1-28  treasury;
   1-29              (4)  commissioned law enforcement personnel of the
   1-30  Texas Alcoholic Beverage Commission;
   1-31              (5)  a law enforcement officer commissioned by the
   1-32  Parks and Wildlife Commission;
   1-33              (6)  a commissioned peace officer of a state
   1-34  institution of higher education;
   1-35              (7)  commissioned law enforcement personnel of the
   1-36  institutional division of the Texas Department of Criminal Justice;
   1-37              (8)  an employee or official of the Board of Pardons
   1-38  and Paroles or the pardons and paroles division of the Texas
   1-39  Department of Criminal Justice who has routine direct contact with
   1-40  inmates of any penal or correctional institution or with
   1-41  administratively released prisoners subject to the board's
   1-42  jurisdiction; and
   1-43              (9)  an employee certified to the Employees Retirement
   1-44  System of Texas under Section 815.505 as having performed as a law
   1-45  enforcement officer or custodial officer during a fiscal year.
   1-46        (c)  A state employee who has received longevity pay under
   1-47  Subchapter D for service in a position that does not require the
   1-48  performance of hazardous duty and who transfers to a position for
   1-49  which the employee is eligible to receive hazardous duty pay is
   1-50  entitled to continue to receive longevity pay for the years of
   1-51  service to the state performed in the prior position.  The employee
   1-52  is not entitled to additional longevity pay for the period in which
   1-53  the employee receives hazardous duty pay, but that period is
   1-54  included in computing the employee's total years of service as an
   1-55  employee of the state.
   1-56        (d)  A state employee who, after performance in a position
   1-57  that requires the performance of hazardous duty, transfers to a
   1-58  position that does not require the performance of hazardous duty is
   1-59  not entitled to a continuation of the hazardous duty pay earned in
   1-60  the prior position but is entitled to longevity pay for each year
   1-61  of service as an employee of the state, including the years of
   1-62  service in a position for which the employee was entitled to
   1-63  hazardous duty pay.
   1-64        (e) <(d)(1)>  An employee of the Texas Youth Commission,
   1-65  other than agency central office employees or employees whose work
   1-66  in an agency facility involves only occasional contact with youth,
   1-67  who has routine direct contact with youth placed in a residential
   1-68  facility of the commission or with youth released under the
    2-1  commission's supervision may receive hazardous duty pay in an
    2-2  amount that does not exceed the amount authorized by Subsection (a)
    2-3  <of this section>, subject to any condition or limitation related
    2-4  to receipt of the hazardous duty pay prescribed by<:>
    2-5                    <(A)  Subsections (a)-(c) of> this section<;> or
    2-6                    <(B)>  the General Appropriations Act, except
    2-7  that during periods when Texas Youth Commission employees do not
    2-8  receive the full amount of the hazardous duty pay for which they
    2-9  are eligible, they are entitled to receive longevity pay for time
   2-10  accrued in a hazardous duty position, but only until hazardous duty
   2-11  payments resume.
   2-12        (f) <(2)>  No hazardous duty payments shall be made from
   2-13  funds authorized for payment of across-the-board employee salary
   2-14  increases.  The receipt of hazardous duty pay under Subsection (e)
   2-15  <this subsection> does not qualify an employee for retirement
   2-16  benefits from the law enforcement and custodial officer
   2-17  supplemental retirement fund.
   2-18        SECTION 2.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended.
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