Texas 2019 - 86th Regular

Texas House Bill HB3596 Compare Versions

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

Old	New	Differences
1	1	86R1574 JG-F
2	2	By: Rose H.B. No. 3596
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 a high injury
65	65	risk [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	for more than 50 percent of the employee's time working in the
97	97	facility.
98	98	SECTION 8. The heading to Section 659.302, Government Code,
99	99	is amended to read as follows:
100	100	Sec. 659.302. ENTITLEMENT TO RECEIVE HIGH INJURY RISK
101	101	[HAZARDOUS DUTY] PAY.
102	102	SECTION 9. Section 659.302(a), Government Code, is amended
103	103	to read as follows:
104	104	(a) High injury risk [Hazardous duty] pay is included in the
105	105	compensation paid to an individual for services rendered during a
106	106	month if the individual:
107	107	(1) is a state employee for any portion of the first
108	108	workday of the month; and
109	109	(2) has completed at least 12 months of lifetime
110	110	service credit not later than the last day of the preceding month.
111	111	SECTION 10. Sections 659.303(a) and (d), Government Code,
112	112	are amended to read as follows:
113	113	(a) The department may include high injury risk [hazardous
114	114	duty] pay in the compensation paid to an individual for services
115	115	rendered during a month if the individual:
116	116	(1) has routine direct contact with youth:
117	117	(A) placed in a residential facility of the
118	118	department; or
119	119	(B) released under the department's supervision;
120	120	and
121	121	(2) has completed at least 12 months of lifetime
122	122	service credit not later than the last day of the preceding month.
123	123	(d) The department may not pay high injury risk [hazardous
124	124	duty] pay:
125	125	(1) from funds authorized for payment of an
126	126	across-the-board employee salary increase; or
127	127	(2) to an employee who works at the department's
128	128	central office.
129	129	SECTION 11. Section 659.304, Government Code, is amended to
130	130	read as follows:
131	131	Sec. 659.304. INELIGIBILITY TO RECEIVE HIGH INJURY RISK
132	132	[HAZARDOUS DUTY] PAY. High injury risk [Hazardous duty] pay may be
133	133	paid only to an individual who is:
134	134	(1) entitled to receive the pay under Section 659.302;
135	135	or
136	136	(2) eligible to receive the pay under Section 659.303.
137	137	SECTION 12. The heading to Section 659.305, Government
138	138	Code, is amended to read as follows:
139	139	Sec. 659.305. AMOUNT OF HIGH INJURY RISK [HAZARDOUS DUTY]
140	140	PAY.
141	141	SECTION 13. Sections 659.305(a), (b), (f), and (h),
142	142	Government Code, are amended to read as follows:
143	143	(a) Except as provided by Subsections (b) and (h), the
144	144	amount of a full-time state employee's high injury risk [hazardous
145	145	duty] pay for a particular month is $10 for each 12-month period of
146	146	lifetime service credit accrued by the employee.
147	147	(b) This subsection applies only to a state employee whose
148	148	compensation for services provided to the state during any month
149	149	before August 1987 included high injury risk [hazardous duty] pay
150	150	that was based on total state service performed before May 29, 1987.
151	151	The amount of a full-time state employee's high injury risk
152	152	[hazardous duty] pay for a particular month is the sum of:
153	153	(1) $10 for each 12-month period of state service
154	154	credit the employee finished accruing before May 29, 1987; and
155	155	(2) $10 for each 12-month period of lifetime service
156	156	credit that the employee accrued after the date, which must be
157	157	before May 29, 1987, on which the employee finished accruing the
158	158	last 12-month period of state service credit.
159	159	(f) The amount of a part-time state employee's high injury
160	160	risk [hazardous duty] pay is proportional to the amount of a
161	161	full-time state employee's pay under Subsection (a), (b), or (h).
162	162	(h) The amount of high injury risk [hazardous duty] pay for
163	163	a particular month for a full-time correctional officer employed by
164	164	the Texas Department of Criminal Justice is the lesser of:
165	165	(1) $12 for each 12-month period of lifetime service
166	166	credit accrued by the employee; or
167	167	(2) $300.
168	168	SECTION 14. Section 659.306, Government Code, is amended to
169	169	read as follows:
170	170	Sec. 659.306. RESPONSIBILITY FOR PAYING HIGH INJURY RISK
171	171	[HAZARDOUS DUTY] PAY. The state agency that employs an individual
172	172	at the beginning of the first workday of a month must pay any high
173	173	injury risk [hazardous duty] pay that is included in the
174	174	compensation paid to the individual for services rendered during
175	175	that month. If the individual transfers to a second state agency
176	176	during that month, the first agency remains responsible for paying
177	177	the full amount of high injury risk [hazardous duty] pay for that
178	178	month.
179	179	SECTION 15. Section 659.307, Government Code, is amended to
180	180	read as follows:
181	181	Sec. 659.307. SERVICE CREDIT. (a) The amount of an
182	182	individual's lifetime service credit equals the number of months
183	183	the individual has served in a high injury risk [hazardous duty]
184	184	position during the individual's lifetime.
185	185	(b) The amount of an individual's state service credit
186	186	equals the sum of:
187	187	(1) the amount of the individual's lifetime service
188	188	credit, as determined under Subsection (a); and
189	189	(2) the number of months during the individual's
190	190	lifetime that the individual has provided services to the state in a
191	191	position that is not a high injury risk [hazardous duty] position.
192	192	SECTION 16. Section 661.034(b), Government Code, is amended
193	193	to read as follows:
194	194	(b) Under this section, rate of compensation:
195	195	(1) includes an emolument in lieu of base pay for which
196	196	the state employee was eligible on the last day of employment; and
197	197	(2) does not include longevity or high injury risk
198	198	[hazardous duty] pay.
199	199	SECTION 17. Section 661.063(c), Government Code, is amended
200	200	to read as follows:
201	201	(c) Under this section, rate of compensation:
202	202	(1) includes an emolument in lieu of base pay for which
203	203	the state employee was eligible; and
204	204	(2) does not include longevity or high injury risk
205	205	[hazardous duty] pay.
206	206	SECTION 18. Section 661.067(b), Government Code, is amended
207	207	to read as follows:
208	208	(b) A state employee who remains on the payroll of a state
209	209	agency under this section:
210	210	(1) is entitled to continue to receive all
211	211	compensation and benefits that the state employee was receiving on
212	212	the employee's last day of duty, including paid holidays, longevity
213	213	pay, and high injury risk [hazardous duty] pay;
214	214	(2) is entitled to a general salary increase for state
215	215	employees that takes effect before the employee's accrued vacation
216	216	time is exhausted; and
217	217	(3) may not use sick leave or accrue sick leave or
218	218	vacation time.
219	219	SECTION 19. Section 666.001(1), Government Code, is amended
220	220	to read as follows:
221	221	(1) "Compensation" includes:
222	222	(A) base salary or wages;
223	223	(B) longevity or high injury risk [hazardous
224	224	duty] pay;
225	225	(C) benefit replacement pay;
226	226	(D) a payment for the balance of vacation and
227	227	sick leave under Subchapter B, Chapter 661;
228	228	(E) a payment for the accrued balance of vacation
229	229	time under Subchapter C, Chapter 661; and
230	230	(F) an emolument provided in lieu of base salary
231	231	or wages.
232	232	SECTION 20. Section 811.001(7), Government Code, is amended
233	233	to read as follows:
234	234	(7) "Compensation" means the base salary of a person;
235	235	amounts that would otherwise qualify as compensation but are not
236	236	received directly by a person pursuant to a good faith, voluntary,
237	237	written salary reduction agreement in order to finance payments to
238	238	a deferred compensation or tax sheltered annuity program
239	239	specifically authorized by state law or to finance benefit options
240	240	under a cafeteria plan qualifying under Section 125 of the Internal
241	241	Revenue Code of 1986 (26 U.S.C. Section 125); longevity and high
242	242	injury risk [hazardous duty] pay; nonmonetary compensation, the
243	243	value of which is determined by the retirement system; amounts by
244	244	which a person's salary is reduced under a salary reduction
245	245	agreement authorized by Chapter 610; and the benefit replacement
246	246	pay a person earns under Subchapter H, Chapter 659, [as added by
247	247	Chapter 417, Acts of the 74th Legislature, 1995,] except for the
248	248	benefit replacement pay a person earns as a result of a payment made
249	249	under Subchapter B, C, or D, Chapter 661. The term excludes
250	250	overtime pay and a cleaning or clothing allowance.
251	251	SECTION 21. Section 814.203(c), Government Code, is amended
252	252	to read as follows:
253	253	(c) For the purposes of this section, "comparable pay" means
254	254	80 percent or more of the member's final state employment base pay
255	255	before deductions for taxes or deferred compensation under state
256	256	and federal law, including any longevity or high injury risk
257	257	[hazardous duty] pay, but excluding the monetary value of any
258	258	insurance or retirement benefits. Comparable pay may be adjusted
259	259	by the retirement system to account for adjustments in state pay
260	260	rates.
261	261	SECTION 22. This Act takes effect September 1, 2019.