By West                                         S.B. No. 1236

      75R6281 GCH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to credit in the Employees Retirement System of Texas for

 1-3     service as a custodial officer.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 811.001(8), Government Code, is amended

 1-6     to read as follows:

 1-7                 (8)  "Custodial officer" means a member of the

 1-8     retirement system who is employed by the [institutional division or

 1-9     the state jail division of the] Texas Department of Criminal

1-10     Justice or is a member of or employed by the Board of Pardons and

1-11     Paroles and certified by  the department or board, as applicable,

1-12     as having a normal job assignment described by Section 813.506

1-13     [that requires frequent or  infrequent regularly planned contact

1-14     with, and in close proximity to, inmates of the institutional

1-15     division or inmates or defendants confined in the state jail

1-16     division without the protection of bars, doors, security screens,

1-17     or similar devices and includes assignments normally involving

1-18     supervision or the potential for supervision of inmates in inmate

1-19     housing areas, educational or recreational facilities, industrial

1-20     shops, kitchens, laundries, medical areas, agricultural shops or

1-21     fields, or in other areas on or away from property of the

1-22     institutional division or the state jail division].

1-23           SECTION 2.  Section 813.506, Government Code, is amended to

1-24     read as follows:

 2-1           Sec. 813.506.  CUSTODIAL OFFICER SERVICE.  (a)  The Texas

 2-2     Department of Criminal Justice and the Board of Pardons and Paroles

 2-3     each by rule shall adopt standards for determining eligibility for

 2-4     service credit as a custodial officer, based on the need to

 2-5     encourage early retirement of persons whose duties are hazardous

 2-6     and require them to have routine contact with inmates of the

 2-7     institutional or [defendants confined in the] state jail division

 2-8     of the Texas  Department of Criminal Justice or inmates released to

 2-9     mandatory supervision or on parole, on a regular basis, without the

2-10     protection of bars, doors, security screens, or similar devices.

2-11           (b)  To be creditable as custodial officer service, service

2-12     performed must meet the requirements of the rules adopted under

2-13     Subsection (a) and may be performed by persons in one of the

2-14     following job categories:

2-15                 (1)  all persons classified as Correctional Officer I

2-16     through warden, including training officers [and special operations

2-17     reaction team officers];

2-18                 (2)  all other employees assigned to work on a unit or

2-19     in a contract facility, office of the Board of Pardons and Paroles,

2-20     or parole office and whose jobs require routine contact described

2-21     by Subsection (a) with inmates of the Texas Department of Criminal

2-22     Justice or inmates released to mandatory supervision or on parole

2-23     [or defendants confined in the state jail division], including but

2-24     not limited to members, hearing officers, and other personnel of

2-25     the Board of Pardons and Paroles, farm managers, livestock

2-26     supervisors,  maintenance foremen, shop foremen, medical

2-27     assistants, food service supervisors, stewards, education

 3-1     consultants, commodity specialists, [and] correctional counselors,

 3-2     and personnel in a parole office;

 3-3                 (3)  employees assigned to administrative offices whose

 3-4     jobs require routine contact described by Subsection (a) with

 3-5     inmates of the Texas Department of Criminal Justice or inmates

 3-6     released to mandatory supervision or on parole [or defendants

 3-7     confined in the state jail division] at least 50 percent of the

 3-8     time, including but not limited to investigators, compliance

 3-9     monitors, accountants routinely required to audit unit operations,

3-10     sociologists, interviewers, classification officers, and

3-11     supervising counselors;  and

3-12                 (4)  persons in administrative positions whose jobs

3-13     require response to emergency situations involving inmates of the

3-14     Texas Department of Criminal Justice [or defendants confined in the

3-15     state jail division],  including but except as specified not

3-16     limited to the executive director, division directors, deputy

3-17     directors, assistant directors, and not more than 25 administrative

3-18     duty officers of the Texas Department of Criminal Justice.

3-19           (c)  The Texas Department of Criminal Justice or the Board of

3-20     Pardons and Paroles, as applicable, shall determine a person's

3-21     eligibility to  receive credit as a custodial officer.  A

3-22     determination of the department or board may not be appealed by an

3-23     employee but is subject to change by the retirement system.

3-24           (d)  As part of the audit of the Texas Department of Criminal

3-25     Justice or the Board of Pardons and Paroles by the state auditor in

3-26     accordance with Chapter 321, the state auditor may verify the

3-27     accuracy of reports submitted to the retirement system under this

 4-1     section.  The state auditor shall review biennially the standards

 4-2     adopted by the department and by the board under Subsection (a).

 4-3           SECTION 3.  This Act takes effect September 1, 1997.  The

 4-4     change in law made by this Act applies only to service that is

 4-5     certified as custodial officer service and performed on or after

 4-6     that date.

 4-7           SECTION 4.  The importance of this legislation and the

 4-8     crowded condition of the calendars in both houses create an

 4-9     emergency and an imperative public necessity that the

4-10     constitutional rule requiring bills to be read on three several

4-11     days in each house be suspended, and this rule is hereby suspended.