Texas 2009 - 81st Regular

Texas House Bill HB2120 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8959 KFF-D
2	2	By: Olivo H.B. No. 2120
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to eligibility for custodial officer service in the
8	8	Employees Retirement System of Texas by certain juvenile
9	9	correctional officers and caseworkers employed by the Texas Youth
10	10	Commission.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 811.001(8), Government Code, is amended
13	13	to read as follows:
14	14	(8) "Custodial officer" means a member of the
15	15	retirement system who is employed by the Board of Pardons and
16	16	Paroles or the Texas Department of Criminal Justice as a parole
17	17	officer or caseworker, who is employed by the Texas Youth
18	18	Commission as a juvenile correctional officer or caseworker, or who
19	19	is employed by the correctional institutions [institutional]
20	20	division [or the state jail division] of the Texas Department of
21	21	Criminal Justice and certified by the department as having a normal
22	22	job assignment that requires frequent or infrequent regularly
23	23	planned contact with, and in close proximity to, inmates or
24	24	defendants of the correctional institutions [institutional]
25	25	division [or inmates or defendants confined in the state jail
26	26	division] without the protection of bars, doors, security screens,
27	27	or similar devices and includes assignments normally involving
28	28	supervision or the potential for supervision of inmates in inmate
29	29	housing areas, educational or recreational facilities, industrial
30	30	shops, kitchens, laundries, medical areas, agricultural shops or
31	31	fields, or in other areas on or away from property of the department
32	32	[institutional division or the state jail division]. The term
33	33	includes a member who transfers from the Texas Department of
34	34	Criminal Justice to the managed health care unit of The University
35	35	of Texas Medical Branch or the Texas Tech University Health
36	36	Sciences Center pursuant to Section 9.01, Chapter 238, Acts of the
37	37	73rd Legislature, 1993, elects at the time of transfer to retain
38	38	membership in the retirement system, and is certified by the
39	39	managed health care unit or the health sciences center as having a
40	40	normal job assignment described by this subdivision.
41	41	SECTION 2. Sections 813.506(b) and (c), Government Code,
42	42	are amended to read as follows:
43	43	(b) To be creditable as custodial officer service, service
44	44	performed must be performed as a parole officer, [or] caseworker,
45	45	or juvenile correctional officer, or must meet the requirements of
46	46	the rules adopted under Subsection (a) and be performed by persons
47	47	in one of the following job categories:
48	48	(1) all persons classified as Correctional Officer I
49	49	through warden, including training officers and special operations
50	50	reaction team officers;
51	51	(2) all other employees assigned to work on a unit and
52	52	whose jobs require routine contact with inmates or defendants
53	53	[confined in the state jail division], including but not limited to
54	54	farm managers, livestock supervisors, maintenance foremen, shop
55	55	foremen, medical assistants, food service supervisors, stewards,
56	56	education consultants, commodity specialists, and correctional
57	57	counselors;
58	58	(3) employees assigned to administrative offices
59	59	whose jobs require routine contact with inmates or defendants
60	60	[confined in the state jail division] at least 50 percent of the
61	61	time, including but not limited to investigators, compliance
62	62	monitors, accountants routinely required to audit unit operations,
63	63	sociologists, interviewers, classification officers, and
64	64	supervising counselors; and
65	65	(4) administrative positions whose jobs require
66	66	response to emergency situations involving inmates or defendants
67	67	[confined in the state jail division], including but except as
68	68	specified not limited to the director, deputy directors, assistant
69	69	directors, and not more than 25 administrative duty officers.
70	70	(c) The Texas Department of Criminal Justice, the managed
71	71	health care unit of The University of Texas Medical Branch or the
72	72	Texas Tech University Health Sciences Center, the Texas Youth
73	73	Commission, or the Board of Pardons and Paroles, as applicable,
74	74	shall determine a person's eligibility to receive credit as a
75	75	custodial officer. A determination of the department, unit, or
76	76	board may not be appealed by an employee but is subject to change by
77	77	the retirement system.
78	78	SECTION 3. Section 815.505, Government Code, is amended to
79	79	read as follows:
80	80	Sec. 815.505. CERTIFICATION OF NAMES OF LAW ENFORCEMENT AND
81	81	CUSTODIAL OFFICERS. Not later than the 12th day of the month
82	82	following the month in which a person begins or ceases employment as
83	83	a law enforcement officer or custodial officer, the Public Safety
84	84	Commission, the Texas Alcoholic Beverage Commission, the Parks and
85	85	Wildlife Commission, the office of inspector general at the Texas
86	86	Youth Commission, the Texas Youth Commission, the Board of Pardons
87	87	and Paroles, or the Texas Board of Criminal Justice, as applicable,
88	88	shall certify to the retirement system, in the manner prescribed by
89	89	the system, the name of the employee and such other information as
90	90	the system determines is necessary for the crediting of service and
91	91	financing of benefits under this subtitle.
92	92	SECTION 4. The changes in law made by this Act apply only to
93	93	service that is performed and certified as custodial officer
94	94	service on or after the effective date of this Act.
95	95	SECTION 5. This Act takes effect September 1, 2009.