Texas 2017 - 85th Regular

Texas House Bill HB1932 Compare Versions

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

Old	New	Differences
1	1	85R8488 JG-F
2	2	By: Rose H.B. No. 1932
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to compensation received by state employees working in
8	8	certain high injury risk positions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 57.48(k)(1), Education Code, is amended
11	11	to read as follows:
12	12	(1) "Compensation" means base salary or wages,
13	13	longevity pay, high injury risk [hazardous duty] pay, benefit
14	14	replacement pay, or an emolument provided in lieu of base salary or
15	15	wages.
16	16	SECTION 2. Section 403.055(l)(1), Government Code, is
17	17	amended to read as follows:
18	18	(1) "Compensation" means base salary or wages,
19	19	longevity pay, high injury risk [hazardous duty] pay, benefit
20	20	replacement pay, or an emolument provided in lieu of base salary or
21	21	wages.
22	22	SECTION 3. Section 659.044(e), Government Code, is amended
23	23	to read as follows:
24	24	(e) This subsection applies only to an employee of the Texas
25	25	Juvenile Justice Department who is receiving less than the maximum
26	26	amount of high injury risk [hazardous duty] pay that the department
27	27	may pay to the employee under Section 659.303. The employee's
28	28	monthly amount of longevity pay is the sum of:
29	29	(1) $4 for each year of lifetime service credit, which
30	30	may not include any period served in a high injury risk [hazardous
31	31	duty] position; and
32	32	(2) the lesser of:
33	33	(A) $4 for each year served in a high injury risk
34	34	[hazardous duty] position; or
35	35	(B) the difference between:
36	36	(i) $7 for each year served in a high injury
37	37	risk [hazardous duty] position; and
38	38	(ii) the amount paid by the department for
39	39	each year served in a high injury risk [hazardous duty] position.
40	40	SECTION 4. Section 659.046(f), Government Code, is amended
41	41	to read as follows:
42	42	(f) The amount of an employee's lifetime service credit does
43	43	not include the period served in a high injury risk [hazardous duty]
44	44	position if the employee is:
45	45	(1) entitled to receive high injury risk [hazardous
46	46	duty] pay under Section 659.302; or
47	47	(2) receiving the maximum amount of high injury risk
48	48	[hazardous duty] pay that the Texas Juvenile Justice Department may
49	49	pay to the employee under Section 659.303.
50	50	SECTION 5. Section 659.124(c), Government Code, is amended
51	51	to read as follows:
52	52	(c) In this section, "compensation" means annualized base
53	53	salary or wages, including longevity and high injury risk
54	54	[hazardous duty] pay.
55	55	SECTION 6. The heading to Subchapter L, Chapter 659,
56	56	Government Code, is amended to read as follows:
57	57	SUBCHAPTER L. HIGH INJURY RISK [HAZARDOUS DUTY] PAY
58	58	SECTION 7. Sections 659.301(2) and (5), Government Code,
59	59	are amended to read as follows:
60	60	(2) "High injury risk [Hazardous duty] position" means
61	61	a position in the service of this state that:
62	62	(A) renders any individual holding that position
63	63	a state employee; or
64	64	(B) requires the performance of high injury risk
65	65	[hazardous] duty.
66	66	(5) "State employee" means an individual who:
67	67	(A) is a commissioned law enforcement officer of
68	68	the Department of Public Safety, the Texas Facilities Commission,
69	69	the Texas Alcoholic Beverage Commission, the Texas Department of
70	70	Criminal Justice, or the attorney general;
71	71	(B) is a commissioned security officer of the
72	72	comptroller;
73	73	(C) is a law enforcement officer commissioned by
74	74	the Parks and Wildlife Commission;
75	75	(D) is a commissioned peace officer of an
76	76	institution of higher education;
77	77	(E) is an employee or official of the Board of
78	78	Pardons and Paroles or the parole division of the Texas Department
79	79	of Criminal Justice if the employee or official has routine direct
80	80	contact with inmates of any penal or correctional institution or
81	81	with administratively released prisoners subject to the board's
82	82	jurisdiction;
83	83	(F) has been certified to the Employees
84	84	Retirement System of Texas under Section 815.505 as having begun
85	85	employment as a law enforcement officer or custodial officer,
86	86	unless the individual has been certified to the system as having
87	87	ceased employment as a law enforcement officer or custodial
88	88	officer; [or]
89	89	(G) before May 29, 1987, received high injury
90	90	risk [hazardous duty] pay based on the terms of any state law if the
91	91	individual holds a position designated under that law as eligible
92	92	for the pay; or
93	93	(H) is an employee of a state supported living
94	94	center as defined by Section 531.002, Health and Safety Code, or a
95	95	state hospital if the employee is in direct contact with patients
96	96	more than 50 percent of the employee's time working in the facility.
97	97	SECTION 8. The heading to Section 659.302, Government Code,
98	98	is amended to read as follows:
99	99	Sec. 659.302. ENTITLEMENT TO RECEIVE HIGH INJURY RISK
100	100	[HAZARDOUS DUTY] PAY.
101	101	SECTION 9. Section 659.302(a), Government Code, is amended
102	102	to read as follows:
103	103	(a) High injury risk [Hazardous duty] pay is included in the
104	104	compensation paid to an individual for services rendered during a
105	105	month if the individual:
106	106	(1) is a state employee for any portion of the first
107	107	workday of the month; and
108	108	(2) has completed at least 12 months of lifetime
109	109	service credit not later than the last day of the preceding month.
110	110	SECTION 10. Sections 659.303(a) and (d), Government Code,
111	111	are amended to read as follows:
112	112	(a) The department may include high injury risk [hazardous
113	113	duty] pay in the compensation paid to an individual for services
114	114	rendered during a month if the individual:
115	115	(1) has routine direct contact with youth:
116	116	(A) placed in a residential facility of the
117	117	department; or
118	118	(B) released under the department's supervision;
119	119	and
120	120	(2) has completed at least 12 months of lifetime
121	121	service credit not later than the last day of the preceding month.
122	122	(d) The department may not pay high injury risk [hazardous
123	123	duty] pay:
124	124	(1) from funds authorized for payment of an
125	125	across-the-board employee salary increase; or
126	126	(2) to an employee who works at the department's
127	127	central office.
128	128	SECTION 11. Section 659.304, Government Code, is amended to
129	129	read as follows:
130	130	Sec. 659.304. INELIGIBILITY TO RECEIVE HIGH INJURY RISK
131	131	[HAZARDOUS DUTY] PAY. High injury risk [Hazardous duty] pay may be
132	132	paid only to an individual who is:
133	133	(1) entitled to receive the pay under Section 659.302;
134	134	or
135	135	(2) eligible to receive the pay under Section 659.303.
136	136	SECTION 12. The heading to Section 659.305, Government
137	137	Code, is amended to read as follows:
138	138	Sec. 659.305. AMOUNT OF HIGH INJURY RISK [HAZARDOUS DUTY]
139	139	PAY.
140	140	SECTION 13. Sections 659.305(a), (b), (f), and (h),
141	141	Government Code, are amended to read as follows:
142	142	(a) Except as provided by Subsections (b) and (h), the
143	143	amount of a full-time state employee's high injury risk [hazardous
144	144	duty] pay for a particular month is $10 for each 12-month period of
145	145	lifetime service credit accrued by the employee.
146	146	(b) This subsection applies only to a state employee whose
147	147	compensation for services provided to the state during any month
148	148	before August 1987 included high injury risk [hazardous duty] pay
149	149	that was based on total state service performed before May 29, 1987.
150	150	The amount of a full-time state employee's high injury risk
151	151	[hazardous duty] pay for a particular month is the sum of:
152	152	(1) $10 for each 12-month period of state service
153	153	credit the employee finished accruing before May 29, 1987; and
154	154	(2) $10 for each 12-month period of lifetime service
155	155	credit that the employee accrued after the date, which must be
156	156	before May 29, 1987, on which the employee finished accruing the
157	157	last 12-month period of state service credit.
158	158	(f) The amount of a part-time state employee's high injury
159	159	risk [hazardous duty] pay is proportional to the amount of a
160	160	full-time state employee's pay under Subsection (a), (b), or (h).
161	161	(h) The amount of high injury risk [hazardous duty] pay for
162	162	a particular month for a full-time correctional officer employed by
163	163	the Texas Department of Criminal Justice is the lesser of:
164	164	(1) $12 for each 12-month period of lifetime service
165	165	credit accrued by the employee; or
166	166	(2) $300.
167	167	SECTION 14. Section 659.306, Government Code, is amended to
168	168	read as follows:
169	169	Sec. 659.306. RESPONSIBILITY FOR PAYING HIGH INJURY RISK
170	170	[HAZARDOUS DUTY] PAY. The state agency that employs an individual
171	171	at the beginning of the first workday of a month must pay any high
172	172	injury risk [hazardous duty] pay that is included in the
173	173	compensation paid to the individual for services rendered during
174	174	that month. If the individual transfers to a second state agency
175	175	during that month, the first agency remains responsible for paying
176	176	the full amount of high injury risk [hazardous duty] pay for that
177	177	month.
178	178	SECTION 15. Section 659.307, Government Code, is amended to
179	179	read as follows:
180	180	Sec. 659.307. SERVICE CREDIT. (a) The amount of an
181	181	individual's lifetime service credit equals the number of months
182	182	the individual has served in a high injury risk [hazardous duty]
183	183	position during the individual's lifetime.
184	184	(b) The amount of an individual's state service credit
185	185	equals the sum of:
186	186	(1) the amount of the individual's lifetime service
187	187	credit, as determined under Subsection (a); and
188	188	(2) the number of months during the individual's
189	189	lifetime that the individual has provided services to the state in a
190	190	position that is not a high injury risk [hazardous duty] position.
191	191	SECTION 16. Section 661.034(b), Government Code, is amended
192	192	to read as follows:
193	193	(b) Under this section, rate of compensation:
194	194	(1) includes an emolument in lieu of base pay for which
195	195	the state employee was eligible on the last day of employment; and
196	196	(2) does not include longevity or high injury risk
197	197	[hazardous duty] pay.
198	198	SECTION 17. Section 661.063(c), Government Code, is amended
199	199	to read as follows:
200	200	(c) Under this section, rate of compensation:
201	201	(1) includes an emolument in lieu of base pay for which
202	202	the state employee was eligible; and
203	203	(2) does not include longevity or high injury risk
204	204	[hazardous duty] pay.
205	205	SECTION 18. Section 661.067(b), Government Code, is amended
206	206	to read as follows:
207	207	(b) A state employee who remains on the payroll of a state
208	208	agency under this section:
209	209	(1) is entitled to continue to receive all
210	210	compensation and benefits that the state employee was receiving on
211	211	the employee's last day of duty, including paid holidays, longevity
212	212	pay, and high injury risk [hazardous duty] pay;
213	213	(2) is entitled to a general salary increase for state
214	214	employees that takes effect before the employee's accrued vacation
215	215	time is exhausted; and
216	216	(3) may not use sick leave or accrue sick leave or
217	217	vacation time.
218	218	SECTION 19. Section 666.001(1), Government Code, is amended
219	219	to read as follows:
220	220	(1) "Compensation" includes:
221	221	(A) base salary or wages;
222	222	(B) longevity or high injury risk [hazardous
223	223	duty] pay;
224	224	(C) benefit replacement pay;
225	225	(D) a payment for the balance of vacation and
226	226	sick leave under Subchapter B, Chapter 661;
227	227	(E) a payment for the accrued balance of vacation
228	228	time under Subchapter C, Chapter 661; and
229	229	(F) an emolument provided in lieu of base salary
230	230	or wages.
231	231	SECTION 20. Section 811.001(7), Government Code, is amended
232	232	to read as follows:
233	233	(7) "Compensation" means the base salary of a person;
234	234	amounts that would otherwise qualify as compensation but are not
235	235	received directly by a person pursuant to a good faith, voluntary,
236	236	written salary reduction agreement in order to finance payments to
237	237	a deferred compensation or tax sheltered annuity program
238	238	specifically authorized by state law or to finance benefit options
239	239	under a cafeteria plan qualifying under Section 125 of the Internal
240	240	Revenue Code of 1986 (26 U.S.C. Section 125); longevity and high
241	241	injury risk [hazardous duty] pay; nonmonetary compensation, the
242	242	value of which is determined by the retirement system; amounts by
243	243	which a person's salary is reduced under a salary reduction
244	244	agreement authorized by Chapter 610; and the benefit replacement
245	245	pay a person earns under Subchapter H, Chapter 659, [as added by
246	246	Chapter 417, Acts of the 74th Legislature, 1995,] except for the
247	247	benefit replacement pay a person earns as a result of a payment made
248	248	under Subchapter B, C, or D, Chapter 661. The term excludes
249	249	overtime pay and a cleaning or clothing allowance.
250	250	SECTION 21. Section 814.203(c), Government Code, is amended
251	251	to read as follows:
252	252	(c) For the purposes of this section, "comparable pay" means
253	253	80 percent or more of the member's final state employment base pay
254	254	before deductions for taxes or deferred compensation under state
255	255	and federal law, including any longevity or high injury risk
256	256	[hazardous duty] pay, but excluding the monetary value of any
257	257	insurance or retirement benefits. Comparable pay may be adjusted
258	258	by the retirement system to account for adjustments in state pay
259	259	rates.
260	260	SECTION 22. This Act takes effect September 1, 2017.