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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for custodial officer service in the |
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Employees Retirement System of Texas by certain juvenile |
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correctional officers and caseworkers employed by the Texas Youth |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 811.001(8), Government Code, is amended |
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to read as follows: |
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(8) "Custodial officer" means a member of the |
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retirement system who is employed by the Board of Pardons and |
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Paroles or the Texas Department of Criminal Justice as a parole |
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officer or caseworker, who is employed by the Texas Youth |
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Commission as a juvenile correctional officer or caseworker, or who |
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is employed by the correctional institutions [institutional] |
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division [or the state jail division] of the Texas Department of |
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Criminal Justice and certified by the department as having a normal |
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job assignment that requires frequent or infrequent regularly |
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planned contact with, and in close proximity to, inmates or |
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defendants of the correctional institutions [institutional] |
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division [or inmates or defendants confined in the state jail
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division] without the protection of bars, doors, security screens, |
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or similar devices and includes assignments normally involving |
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supervision or the potential for supervision of inmates in inmate |
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housing areas, educational or recreational facilities, industrial |
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shops, kitchens, laundries, medical areas, agricultural shops or |
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fields, or in other areas on or away from property of the department |
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[institutional division or the state jail division]. The term |
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includes a member who transfers from the Texas Department of |
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Criminal Justice to the managed health care unit of The University |
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of Texas Medical Branch or the Texas Tech University Health |
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Sciences Center pursuant to Section 9.01, Chapter 238, Acts of the |
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73rd Legislature, 1993, elects at the time of transfer to retain |
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membership in the retirement system, and is certified by the |
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managed health care unit or the health sciences center as having a |
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normal job assignment described by this subdivision. |
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SECTION 2. Sections 813.506(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) To be creditable as custodial officer service, service |
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performed must be performed as a parole officer, [or] caseworker, |
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or juvenile correctional officer, or must meet the requirements of |
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the rules adopted under Subsection (a) and be performed by persons |
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in one of the following job categories: |
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(1) all persons classified as Correctional Officer I |
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through warden, including training officers and special operations |
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reaction team officers; |
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(2) all other employees assigned to work on a unit and |
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whose jobs require routine contact with inmates or defendants |
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[confined in the state jail division], including but not limited to |
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farm managers, livestock supervisors, maintenance foremen, shop |
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foremen, medical assistants, food service supervisors, stewards, |
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education consultants, commodity specialists, and correctional |
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counselors; |
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(3) employees assigned to administrative offices |
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whose jobs require routine contact with inmates or defendants |
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[confined in the state jail division] at least 50 percent of the |
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time, including but not limited to investigators, compliance |
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monitors, accountants routinely required to audit unit operations, |
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sociologists, interviewers, classification officers, and |
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supervising counselors; and |
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(4) administrative positions whose jobs require |
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response to emergency situations involving inmates or defendants |
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[confined in the state jail division], including but except as |
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specified not limited to the director, deputy directors, assistant |
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directors, and not more than 25 administrative duty officers. |
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(c) The Texas Department of Criminal Justice, the managed |
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health care unit of The University of Texas Medical Branch or the |
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Texas Tech University Health Sciences Center, the Texas Youth |
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Commission, or the Board of Pardons and Paroles, as applicable, |
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shall determine a person's eligibility to receive credit as a |
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custodial officer. A determination of the department, unit, or |
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board may not be appealed by an employee but is subject to change by |
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the retirement system. |
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SECTION 3. Section 815.505, Government Code, is amended to |
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read as follows: |
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Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND |
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CUSTODIAL OFFICERS. Not later than the 12th day of the month |
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following the month in which a person begins or ceases employment as |
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a law enforcement officer or custodial officer, the Public Safety |
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Commission, the Texas Alcoholic Beverage Commission, the Parks and |
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Wildlife Commission, the office of inspector general at the Texas |
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Youth Commission, the Texas Youth Commission, the Board of Pardons |
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and Paroles, or the Texas Board of Criminal Justice, as applicable, |
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shall certify to the retirement system, in the manner prescribed by |
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the system, the name of the employee and such other information as |
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the system determines is necessary for the crediting of service and |
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financing of benefits under this subtitle. |
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SECTION 4. The changes in law made by this Act apply only to |
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service that is performed and certified as custodial officer |
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service on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2009. |