34 Tex. Admin. Code § 5.39 - Hazardous Duty Pay
(a) Definitions.
The following words and terms, when used in this section, shall have the
following meanings, unless the context clearly indicates otherwise.
(1) Calendar month--The period from the first
day through the last day of January, February, March, April, May, June, July,
August, September, October, November, or December.
(2) Classified position--A position included
in the position classification plan in the General Appropriations Act, Article
IX.
(3) Correctional officer--An
employee in a job class designated by TDCJ as a correctional officer holding a
hazardous duty position.
(4)
Day--The 24 consecutive hour period beginning at 12:00 midnight and ending at
11:59 p.m.
(5) Full-time state
employee--Has the meaning assigned by Government Code, §
659.301(1).
(6) Hazardous duty position--A position in
the service of the state that:
(A) renders
any individual holding that position a "state employee," as defined in
paragraph (11) of this subsection; or
(B) requires the performance of hazardous
duty.
(7) Lifetime
service credit--The number of months that an individual has served in a
hazardous duty position during the individual's lifetime.
(8) Part-time state employee--Has the meaning
assigned by Government Code, §
659.301(4).
(9) Regular hours--The number of hours an
individual actually works during a month.
(10) Standard hours--The total number of
hours that an individual would work during a month if the individual worked
exactly eight hours during each workday of that month.
(11) State employee--An individual who is a
state employee under subsection (b)(1)(A) or (b)(2)(A) of this
section.
(12) TABC--The Texas
Alcoholic Beverage Commission.
(13)
TDCJ--The Texas Department of Criminal Justice.
(14) TJJD--The Texas Juvenile Justice
Department.
(15) TPWD--The Texas
Parks and Wildlife Department.
(16)
Type 1 grandfathered employee--A state employee whose compensation for services
provided to the state during any month before August 1987, included hazardous
duty pay that was based on total state service performed before May 29,
1987.
(17) Type 2 grandfathered
employee--An individual who is entitled to receive hazardous duty pay under
subsection (g) of this section.
(18) Workday--Has the meaning assigned by
Government Code, §
659.301(6).
(b) Receiving hazardous duty pay.
(1) Individuals not employed by TJJD.
(A) In this paragraph, "state employee" has
the meaning assigned by Government Code, §
659.301(5).
(B) Hazardous duty pay may not be paid to an
individual who does not satisfy both of the criteria in Government Code, §
659.302(a),
except as provided in subsection (g) of this section, concerning type 2
grandfathered employees.
(C) An
individual's ceasing to be a state employee sometime during a month does not
affect the individual's hazardous duty pay entitlement for that month. The full
amount of hazardous duty pay must be paid to the individual.
(D) For purposes of Government Code, §
659.302(a)(2),
the 12 months of lifetime service credit are not required to be 12 continuous
months.
(E) This paragraph does not
apply to an individual employed by TJJD.
(2) Individuals employed by TJJD.
(A) In this paragraph, "state employee" means
an individual who:
(i) has routine direct
contact with youth:
(I) placed in a
residential facility of TJJD; or
(II) released under TJJD's supervision; or
(ii) is an
investigator, inspector general, security officer, or apprehension specialist
employed by TJJD's office of the inspector general.
(B) Except as provided in Government Code,
§
659.303, TJJD may
include hazardous duty pay in the compensation paid to an individual for
services rendered during a month if the individual:
(i) is a state employee for any portion of
the first workday of the month; and
(ii) has completed at least 12 months of
lifetime service credit not later than the last day of the preceding
month.
(C) Hazardous
duty pay may not be paid to an individual who does not satisfy both of the
criteria in subparagraph (B) of this paragraph.
(D) An individual's ceasing to be a state
employee sometime during a month does not affect the individual's hazardous
duty pay eligibility for that month.
(E) For purposes of subparagraph (B)(ii) of
this paragraph, the 12 months of lifetime service credit are not required to be
12 continuous months.
(F) This
paragraph applies only to an individual employed by TJJD.
(c) Amount of hazardous duty pay.
(1) Monthly amount for individuals employed
by TJJD .
(A) The amount of hazardous duty pay
that TJJD pays monthly to a full-time state employee must be expressed in terms
of a specific dollar amount for each 12-month period of lifetime service credit
and, for type 1 grandfathered employees, for each 12-month period of state
service credit. The amount must be the same for each type of service
credit.
(B) The amount of hazardous
duty pay that TJJD pays monthly to a full-time state employee may not exceed
$10 for each 12-month period of lifetime service credit accrued by the
employee.
(C) In this paragraph,
"state employee" has the meaning assigned by subsection (b)(2)(A) of this
section.
(D) This paragraph applies
only to an individual employed by TJJD.
(2) Part-time state employees.
(A) The amount of a part-time state
employee's hazardous duty pay is equal to the product of:
(i) the amount of hazardous duty pay that the
employee would receive if the employee were a full-time state employee;
and
(ii) a quotient:
(I) the numerator of which is equal to the
number of hours the employee normally works each week, not to exceed 40;
and
(II) the denominator of which
is equal to 40.
(B) For purposes of subparagraph (A)(ii)(I)
of this paragraph, the number of hours that a part-time state employee normally
works each week during a particular month is equal to the number of hours that
the employee is scheduled to work each week as of the first workday of that
month.
(3) Hourly state
employees. The amount of an hourly state employee's hazardous duty pay for a
particular month is equal to the product of:
(A) the amount of hazardous duty pay that the
employee would receive if the employee were a full-time state employee;
and
(B) a quotient:
(i) the numerator of which is equal to the
number of regular hours for the employee for that month, not to exceed the
number of standard hours for that month; and
(ii) the denominator of which is equal to the
number of standard hours for that month.
(4) Correctional officers of TDCJ.
(A) The amount of hazardous duty pay for a
particular month for a full-time correctional officer employed by TDCJ is the
lesser of:
(i) $12 for each 12-month period
of lifetime service credit accrued by the employee; or
(ii) $300.
(B) The amount of hazardous duty pay that
TDCJ pays a part-time correctional officer is equal to the product of:
(i) the amount of hazardous duty pay that the
employee would receive if the employee were a full-time correctional officer;
and
(ii) a quotient:
(I) the numerator of which is equal to the
number of hours the employee normally works each week, not to exceed 40;
and
(II) the denominator of which
is equal to 40.
(C) The amount of hazardous duty pay that
TDCJ pays an hourly correctional officer is equal to the product of:
(i) the amount of hazardous duty pay that the
employee would receive if the employee were a full-time correctional officer;
and
(ii) a quotient:
(I) the numerator of which is equal to the
number of regular hours for the employee for that month, not to exceed the
number of standard hours for that month; and
(II) the denominator of which is equal to the
number of standard hours for that month.
(d) Timing for payment
of hazardous duty pay.
(1) Employees paid
once each month.
(A) This paragraph applies
to a state employee only if the employee is normally paid once each
month.
(B) Any hazardous duty pay
that is included in the compensation earned by a state employee during a
particular month must be paid in its entirety at the same time the compensation
is paid to the employee.
(2) Employees paid twice each month.
(A) This paragraph applies to a state
employee only if the employee is normally paid twice each month.
(B) Any hazardous duty pay that is included
in the compensation earned by a state employee during a particular month must
be paid in its entirety at the same time that the compensation earned by the
employee during the first half of the month is paid to the employee.
(3) Employees paid once every two
weeks.
(A) This paragraph applies to a state
employee only if the employee is normally paid once every two weeks.
(B) The hazardous duty pay that is included
in the compensation earned by a state employee during a particular month must
be paid in its entirety on the pay day that is closest to the date that a
monthly employee is paid the compensation earned by the employee during that
month.
(e)
Lifetime service credit.
(1) Accrual. An
individual accrues lifetime service credit for the period the individual holds
a hazardous duty position. However, an individual who is on leave without pay
for a full calendar month does not accrue lifetime service credit for the
month.
(2) Amount. The amount of an
individual's lifetime service credit at any particular time is equal to the
number of months that have elapsed since the individual's effective service
date. A month begins on the same day each month as the effective service date
and ends on the day before that day during the next month, regardless of how
many days are included in the month.
(3) Effective service date.
(A) An individual's "effective service date"
is used to determine the amount of the individual's lifetime service credit for
the purpose of hazardous duty pay.
(B) "Effective" service date is determined by
completing the following steps:
(i) adding
together all days the individual was employed in a hazardous duty position in
all previous periods of employment with the state;
(ii) counting backward from the first day of
the individual's current continuous employment with the state in a hazardous
duty position using the total number of days calculated in clause (i) of this
subparagraph; and
(iii) counting
forward the number of months in which the individual was on leave without pay
for any full calendar month during all periods of employment in a hazardous
duty position using the date calculated in clause (ii) of this
subparagraph.
(C) An
example of determining a state employee's effective service date is as follows:
The employee's first day of employment at your agency is February 5, 2021. The
employee was previously employed in a hazardous duty position from October 8,
2011 to August 31, 2017, or 2,155 days. During that employment, the employee
had one period of leave without pay from December 7, 2015 to February 2, 2016,
for a total of one full calendar month of leave without pay. To determine the
employee's effective service date, first count backwards 2,155 days from
February 5, 2021, to arrive at March 15, 2015. Then count forward one month
(the number of months in which the individual was on leave without pay for any
full calendar month during all periods of employment in a hazardous duty
position) from March 15, 2015 to arrive at April 15, 2015, which is the
employee's effective service date.
(D) An individual accrues one full day of
credit for any part of a day the individual is employed in a hazardous duty
position.
(4) Transfers.
For the purposes of paragraph (3) of this subsection, an individual's transfer
from one state agency to another does not interrupt continuity of employment if
no workdays occur between the two employments.
(f) Exceptions for type 1 grandfathered
employees.
(1) State service credit. For
purposes of this subsection, the amount of an individual's state service credit
equals the sum of:
(A) the amount of the
individual's lifetime service credit; and
(B) the number of months during the
individual's lifetime that the individual has provided services to the state in
a position that is not a hazardous duty position.
(2) Applicability of other subsections.
Subsections (a) - (e) of this section apply to a type 1 grandfathered employee
except as provided in this subsection.
(3) Amount for non-hourly employees.
(A) The amount of hazardous duty pay for a
type 1 grandfathered employee who is not hourly and who is not employed by TJJD
is equal to the sum of:
(i) $10 for each
12-month period of state service credit the employee finished accruing before
May 29, 1987; and
(ii) $10 for each
12-month period of lifetime service credit that is accrued after the date,
which must be before May 29, 1987, on which the employee finished accruing the
last 12-month period of state service credit.
(B) The amount of hazardous duty pay for a
type 1 grandfathered employee who is not hourly and who is employed by TJJD is
equal to the sum of:
(i) the dollar amount
specified by TJJD under subsection (c)(2) of this section for each 12-month
period of state service credit the employee finished accruing before May 29,
1987; and
(ii) the dollar amount
specified by TJJD under subsection (c)(2) of this section for each 12-month
period of lifetime service credit that is accrued after the date, which must be
before May 29, 1987, on which the employee finished accruing the last 12-month
period of state service credit.
(4) Amount for hourly employees. The amount
of hazardous duty pay for an hourly type 1 grandfathered employee is equal to
the product of:
(A) the amount calculated
under paragraph (3) of this subsection; and
(B) a quotient:
(i) the numerator of which is equal to the
number of regular hours for the employee for that month, not to exceed the
number of standard hours for that month; and
(ii) the denominator of which is equal to the
number of standard hours for that month.
(5) Limitation. A type 1 grandfathered
employee may not receive more than $10 for each 12-month period of state
service credit or lifetime service credit, regardless of the number of
positions the employee holds or the number of hours the employee works each
week.
(g) Exceptions for
type 2 grandfathered employees.
(1)
Applicability of other subsections. Subsections (a) - (e) of this section apply
to a type 2 grandfathered employee as if the employee were a state employee,
except as provided in this subsection.
(2) Entitlement for certain TPWD personnel.
Hazardous duty pay must be included in the compensation paid for services
rendered to the state during a month by an individual who:
(A) is not a state employee on the first
workday of that month;
(B) is one
of the commissioned law enforcement personnel of TPWD for any portion of the
first workday of that month; and
(C) on May 29, 1987, was receiving or was
entitled to receive hazardous duty pay because the individual on that date was
one of the commissioned law enforcement personnel of TPWD.
(3) Entitlement for certain employees of
TDCJ. Hazardous duty pay must be included in the compensation paid for services
rendered to the state during a month by an individual who:
(A) is not a state employee on the first
workday of that month;
(B) holds
any of the following positions with TDCJ for any portion of the first workday
of that month:
(i) correctional officer I
through warden;
(ii) a position
that requires the individual to work on a unit and have routine direct contact
with inmates, e.g., farm manager, livestock supervisor, maintenance foreman,
shop foreman, medical assistant, food service supervisor, steward, education
consultant, commodity specialist, correctional counselor;
(iii) a position assigned to an
administrative office and requiring routine direct contact with inmates, e.g.,
investigator, compliance monitor, an accountant routinely required to audit
unit operations, sociologist, interviewer, classification officer, supervising
counselor;
(iv) a position that
requires the individual to respond to emergency situations involving inmates,
e.g., director, deputy director, assistant director, administrative duty
offices, except that not more than 25 administrative duty officers may qualify
under this clause;
(v) a position
that requires the individual to work within the prison compound or have daily
contact with inmates, except that not more than 500 individuals may qualify
under this clause; or
(vi) warden I
or II, assistant warden, major of correctional officers, captain of
correctional officers, lieutenant of correctional officers, sergeant of
correctional officers, or correctional officer I, II, or III; and
(C) on May 29, 1987, was receiving
or was eligible to receive hazardous duty pay because the individual on that
date held a position with the Texas Department of Corrections that is listed in
subparagraph (B) of this paragraph.
(4) Entitlement for certain employees of
TABC. Hazardous duty pay must be included in the compensation paid for services
rendered to the state during a month by an individual who:
(A) is not a state employee on the first
workday of that month;
(B) holds
any of the following positions with TABC for any portion of the first workday
of that month:
(i) chief or assistant chief
of enforcement and marketing practices;
(ii) district supervisor or assistant
district supervisor;
(iii) senior
agent or agent I, II, or III;
(iv)
port of entry supervisor or port of entry inspector I or II;
(v) supervising auditor I or II or auditor I,
II, or III;
(vi) assistant director
of auditing and tax reporting; or
(vii) senior tax auditor; and
(C) on May 29, 1987, was receiving
or was eligible or entitled to receive hazardous duty pay because the
individual on that date:
(i) held a position
with TABC that is listed in subparagraph (B)(i) - (iii) of this paragraph;
or
(ii) both:
(I) held a position with TABC that is listed
in subparagraph (B)(iv) - (vii) of this paragraph; and
(II) was receiving hazardous duty pay on
August 31, 1981, because the individual on that date was engaged in full time
law enforcement work while holding any of the following classified positions:
(-a-) supervisor tax collector;
(-b-) tax collector I or II;
(-c-) district supervisor;
(-d-) chief or assistant chief, enforcement
division;
(-e-) assistant district
supervisor;
(-f-) inspector I or
II;
(-g-) supervising auditor
I;
(-h-) auditor I, II, or
III;
(-i-) supervisor or assistant
supervisor, marketing practices;
(-j-) special project director;
(-k-) director of auditing; or
(-l-) assistant director of
auditing.
Notes
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