34 Tex. Admin. Code § 16.304 - Authorized uses of Grant Funds; Limitations
(a)
A rural sheriff's office salary assistance grant awarded under this subchapter
and Local Government Code, §
130.911, may
only be used:
(1) to provide a minimum annual
salary of at least:
(A) $75,000 for the county
sheriff;
(B) $45,000 for each
deputy sheriff; and
(C) $40,000 for
each jailer; and
(2)
provided that each county sheriff that meets the definition in §
16.300(2) of
this title, each deputy sheriff that meets the definition in §
16.300(3) of
this title, and jailer that meets the definition in §
16.300(9) of
this title that is employed by the county sheriff, regardless of hiring date,
receives the minimum salary described by paragraph (1) of this subsection:
(A) to increase the salary of a person
described by paragraph (1) of this subsection;
(B) to hire additional deputies or staff for
the sheriff's office; or
(C) to
purchase vehicles, firearms, and safety equipment for the sheriff's
office.
(b) A
rural constable's office salary assistance grant awarded under this subchapter
and Local Government Code, §
130.912:
(1) may only be used to provide a minimum
annual salary of $45,000 to a qualified constable; and
(2) for each qualified constable whose salary
is funded in part by the grant awarded under this subchapter, the county must
contribute at least 75% of the money required to meet the minimum annual salary
requirement.
(c) A rural
prosecutor's office salary assistance grant awarded under this subchapter and
Local Government Code, §
130.913, may
only be used:
(1) to increase the salary of an
assistant attorney, an investigator, or a victim assistance coordinator
employed at the prosecutor's office; or
(2) to hire additional staff for the
prosecutor's office.
(d)
Grant funds may not be used for indirect costs or direct administrative costs
of a grant recipient. Unallowable direct administrative costs include software,
trainings, licenses and expenses for the business functions of the office.
Grant funds may not be used for contract labor, but a grant recipient may hire
an employee with a predetermined termination date.
(e) For the purpose of subsection (a)(1) of
this section, if a grant recipient does not have sufficient grant funding to
fund the minimum annual salaries required by this subsection, the grant
recipient may use grant funds to increase the salaries of the persons described
in that subsection on a pro-rata basis.
(f) If a person described by subsection
(a)(1) or (b)(1) of this section is a part-time or hourly employee, or holds a
dual office or otherwise divides work hours between a position described in
this section and another position, the minimum annual salary required by this
section may be converted to a minimum hourly wage and will apply only to the
hours of work performed for a position described in this section.
(1) For an employee with a 40-hour work week,
the minimum hourly wage shall be the product of:
(A) the minimum annual salary described in
this section; and
(B) a quotient:
(i) the numerator of which is equal to the
number of hours the employee normally works performing duties for a position
described in this section each week, not to exceed 40; and
(ii) the denominator of which is equal to 40;
and
(2) for an
employee with a county adopted work period as authorized by the Fair Labor
Standards Act, 29 U.S.C.A.
§
207(k), the minimum
hourly wage shall be the product of:
(A) the
minimum annual salary described in this section; and
(B) a quotient:
(i) the numerator of which is equal to the
number of hours the employee normally works performing duties for a position
described in this section each period, not to exceed the number of hours that
are nonovertime as determined under the Fair Labor Standards Act; and
(ii) the denominator of which is equal to the
number of hours that are nonovertime as determined under the Fair Labor
Standards Act.
(g) For grants awarded under Local Government
Code, §
130.911 or
§
130.912, grant
funds may only be used for the state purpose of ensuring professional law
enforcement throughout the state. For grants awarded under Local Government
Code, §
130.913, grant
funds may only be used for the state purpose of ensuring professional legal
representation of the people's interests throughout the state.
(h) A person whose salary increase may be
paid with grant funds under subsections (a)(2)(A) or (c)(1) of this section may
be paid an increase in hourly wages if they are paid an hourly wage rather than
an annual salary.
(i) For salary
increases required to bring a salary to the minimum annual salary as described
by subsections (a)(1) and (b)(1) of this section, and salary increases
described by subsections (a)(2)(A) and (c)(1) of this section:
(1) the cost of providing a salary increase
includes:
(A) the amount by which the salary
increases;
(B) excluding benefits
and taxes paid for overtime pay, the amount by which the legally required
nonmonetary benefits and taxes for that employee increases as a result of the
salary increase, including:
(i) the increase
in the employer's share of payroll taxes; and
(ii) if applicable, any increase in the
employer's share of retirement contributions.
(2) The cost of providing a salary increase
does not include:
(A) overtime pay;
(B) compensatory time pay that is paid
out;
(C) longevity pay;
or
(D) any legally required
nonmonetary benefit that is not calculated as a percentage of salary or
wages.
(3) The increase
in a salary is measured based on the salary provided on the last day of the
entity's fiscal year ending prior to the first year the entity received grant
funds.
(4) A county may only use
grant funds for the legally required nonmonetary benefits and taxes for a
salary if the county provides the minimum annual salary required by subsections
(a)(1) and (b)(1) of this section, if applicable. A county may not reduce a
salary below a minimum salary required by subsection (a)(1) or (b)(1) of this
section in order to use grant funds for legally required nonmonetary benefits
and taxes for that salary.
(5) For
example, in Fiscal Year 2023, a county sheriff's minimum annual salary is
$50,000 and the county pays $3,825 for the employer's share of payroll taxes,
pays $2,500 to Texas County and District Retirement System (TCDRS) for an
employer's matching retirement contribution, and $2,500 for health insurance
premiums. In Fiscal Year 2024, because of the grant, the annual salary is
$75,000, the employer's share of payroll taxes is $5,737.50, the employer's
matching contribution to TCDRS is $3,750, and health insurance premiums are
$2,500. The county may use grant funds to increase the sheriff's annual budget
by $25,000 + $1,912.50 + $1,250 = $28,162.50. In Fiscal Year 2025, because of
the grant, the county may use grant funds to continue to fund the increase to
the sheriff's annual budget for the annual salary increase by $25,000 +
$1,912.50 + $1,250 = $28,162.50.
(j) For additional employees hired under
subsections (a)(2)(B) or (c)(2) of this section:
(1) the cost of hiring the additional
employees includes:
(A) the salary, which, if
applicable, must meet the minimum annual salary required by subsections (a)(1)
and (b)(1) of this section; and
(B)
the legally required nonmonetary benefits and taxes for that employee,
including:
(i) the employer's share of
payroll taxes;
(ii) if applicable,
the employer's share of retirement contributions; and
(iii) if applicable, the employer's share of
health insurance premiums.
(2) The cost of hiring the additional
employees does not include:
(A) overtime pay;
(B) compensatory time pay that is
paid out; or
(C) longevity
pay.
(3) Determination of
whether an employee is an additional employee is based on whether the position
existed on the last day of the entity's fiscal year ending prior to the first
year the entity received grant funds.
(4) For the additional position to be
eligible for salary increases funded by the grant, it must be an eligible
salary increase under subsection (a)(2)(A) or (c)(1) of this section.
(5) For example, in Fiscal Year
2024, a county hires a new deputy sheriff with the following costs: a salary of
$50,000, $3,825 for the employer's share of payroll taxes, $2,500 to Texas
County and District Retirement System (TCDRS) for an employer's matching
retirement contribution, and $2,500 for health insurance premiums. Total Fiscal
Year 2024 allowable costs are $58,825. In Fiscal Year 2025, the county
continues to employ this deputy sheriff and provides a salary increase of
$2,500 resulting in an $192 increase in the employer's share of payroll taxes,
an $192 increase in the employer's matching retirement contribution, and no
increase in health insurance premiums. This position is eligible for a salary
increase under subsection (a)(2)(A) of this section. Total Fiscal Year 2025
allowable costs for this position are $61,709, which include the same amount of
$58,825 that it cost to create the position in FY 2024 plus the cost of $2,884
to increase the salary.
(k) For vehicle leases to be considered a
purchase as described in subsection (a)(2)(C) of this section, the grant
recipient must:
(1) have the right to
purchase the vehicle on performing conditions stated in the agreement, and
(2) have an immediate right to
possess the vehicle.
Notes
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