Texas 2021 - 87th Regular

Texas House Bill HB1376 Compare Versions

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

Old	New	Differences
1	1	87R3418 JG-F
2	2	By: Rose H.B. No. 1376
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, the attorney general, or the insurance fraud unit
71	71	of the Texas Department of Insurance;
72	72	(B) is a commissioned security officer of the
73	73	comptroller;
74	74	(C) is a law enforcement officer commissioned by
75	75	the Parks and Wildlife Commission;
76	76	(D) is a commissioned peace officer of an
77	77	institution of higher education;
78	78	(E) is an employee or official of the Board of
79	79	Pardons and Paroles or the parole division of the Texas Department
80	80	of Criminal Justice if the employee or official has routine direct
81	81	contact with inmates of any penal or correctional institution or
82	82	with administratively released prisoners subject to the board's
83	83	jurisdiction;
84	84	(F) has been certified to the Employees
85	85	Retirement System of Texas under Section 815.505 as having begun
86	86	employment as a law enforcement officer or custodial officer,
87	87	unless the individual has been certified to the system as having
88	88	ceased employment as a law enforcement officer or custodial
89	89	officer;
90	90	(G) before May 29, 1987, received high injury
91	91	risk [hazardous duty] pay based on the terms of any state law if the
92	92	individual holds a position designated under that law as eligible
93	93	for the pay; [or]
94	94	(H) is a security officer employed by the Texas
95	95	Military Department; or
96	96	(I) is an employee of a state supported living
97	97	center as defined by Section 531.002, Health and Safety Code, or a
98	98	state hospital if the employee is in direct contact with patients
99	99	for more than 50 percent of the employee's time working in the
100	100	facility.
101	101	SECTION 8. The heading to Section 659.302, Government Code,
102	102	is amended to read as follows:
103	103	Sec. 659.302. ENTITLEMENT TO RECEIVE HIGH INJURY RISK
104	104	[HAZARDOUS DUTY] PAY.
105	105	SECTION 9. Section 659.302(a), Government Code, is amended
106	106	to read as follows:
107	107	(a) High injury risk [Hazardous duty] pay is included in the
108	108	compensation paid to an individual for services rendered during a
109	109	month if the individual:
110	110	(1) is a state employee for any portion of the first
111	111	workday of the month; and
112	112	(2) has completed at least 12 months of lifetime
113	113	service credit not later than the last day of the preceding month.
114	114	SECTION 10. Sections 659.303(a) and (d), Government Code,
115	115	are amended to read as follows:
116	116	(a) The department may include high injury risk [hazardous
117	117	duty] pay in the compensation paid to an individual for services
118	118	rendered during a month if the individual:
119	119	(1) has:
120	120	(A) routine direct contact with youth:
121	121	(i) placed in a residential facility of the
122	122	department; or
123	123	(ii) released under the department's
124	124	supervision; and
125	125	(B) completed at least 12 months of lifetime
126	126	service credit not later than the last day of the preceding month;
127	127	or
128	128	(2) is an investigator, inspector general, security
129	129	officer, or apprehension specialist employed by the office of the
130	130	inspector general of the department.
131	131	(d) Except for the inclusion of high injury risk [hazardous
132	132	duty] pay in the compensation paid to an individual described by
133	133	Subsection (a)(2), the department may not pay high injury risk
134	134	[hazardous duty] pay:
135	135	(1) from funds authorized for payment of an
136	136	across-the-board employee salary increase; or
137	137	(2) to an employee who works at the department's
138	138	central office.
139	139	SECTION 11. Section 659.304, Government Code, is amended to
140	140	read as follows:
141	141	Sec. 659.304. INELIGIBILITY TO RECEIVE HIGH INJURY RISK
142	142	[HAZARDOUS DUTY] PAY. High injury risk [Hazardous duty] pay may be
143	143	paid only to an individual who is:
144	144	(1) entitled to receive the pay under Section 659.302;
145	145	or
146	146	(2) eligible to receive the pay under Section 659.303.
147	147	SECTION 12. The heading to Section 659.305, Government
148	148	Code, is amended to read as follows:
149	149	Sec. 659.305. AMOUNT OF HIGH INJURY RISK [HAZARDOUS DUTY]
150	150	PAY.
151	151	SECTION 13. Sections 659.305(a), (b), (f), and (h),
152	152	Government Code, are amended to read as follows:
153	153	(a) Except as provided by Subsections (b) and (h), the
154	154	amount of a full-time state employee's high injury risk [hazardous
155	155	duty] pay for a particular month is $10 for each 12-month period of
156	156	lifetime service credit accrued by the employee.
157	157	(b) This subsection applies only to a state employee whose
158	158	compensation for services provided to the state during any month
159	159	before August 1987 included high injury risk [hazardous duty] pay
160	160	that was based on total state service performed before May 29, 1987.
161	161	The amount of a full-time state employee's high injury risk
162	162	[hazardous duty] pay for a particular month is the sum of:
163	163	(1) $10 for each 12-month period of state service
164	164	credit the employee finished accruing before May 29, 1987; and
165	165	(2) $10 for each 12-month period of lifetime service
166	166	credit that the employee accrued after the date, which must be
167	167	before May 29, 1987, on which the employee finished accruing the
168	168	last 12-month period of state service credit.
169	169	(f) The amount of a part-time state employee's high injury
170	170	risk [hazardous duty] pay is proportional to the amount of a
171	171	full-time state employee's pay under Subsection (a), (b), or (h).
172	172	(h) The amount of high injury risk [hazardous duty] pay for
173	173	a particular month for a full-time correctional officer employed by
174	174	the Texas Department of Criminal Justice is the lesser of:
175	175	(1) $12 for each 12-month period of lifetime service
176	176	credit accrued by the employee; or
177	177	(2) $300.
178	178	SECTION 14. Section 659.306, Government Code, is amended to
179	179	read as follows:
180	180	Sec. 659.306. RESPONSIBILITY FOR PAYING HIGH INJURY RISK
181	181	[HAZARDOUS DUTY] PAY. The state agency that employs an individual
182	182	at the beginning of the first workday of a month must pay any high
183	183	injury risk [hazardous duty] pay that is included in the
184	184	compensation paid to the individual for services rendered during
185	185	that month. If the individual transfers to a second state agency
186	186	during that month, the first agency remains responsible for paying
187	187	the full amount of high injury risk [hazardous duty] pay for that
188	188	month.
189	189	SECTION 15. Section 659.307, Government Code, is amended to
190	190	read as follows:
191	191	Sec. 659.307. SERVICE CREDIT. (a) The amount of an
192	192	individual's lifetime service credit equals the number of months
193	193	the individual has served in a high injury risk [hazardous duty]
194	194	position during the individual's lifetime.
195	195	(b) The amount of an individual's state service credit
196	196	equals the sum of:
197	197	(1) the amount of the individual's lifetime service
198	198	credit, as determined under Subsection (a); and
199	199	(2) the number of months during the individual's
200	200	lifetime that the individual has provided services to the state in a
201	201	position that is not a high injury risk [hazardous duty] position.
202	202	SECTION 16. Section 661.034(b), Government Code, is amended
203	203	to read as follows:
204	204	(b) Under this section, rate of compensation:
205	205	(1) includes an emolument in lieu of base pay for which
206	206	the state employee was eligible on the last day of employment; and
207	207	(2) does not include longevity or high injury risk
208	208	[hazardous duty] pay.
209	209	SECTION 17. Section 661.063(c), Government Code, is amended
210	210	to read as follows:
211	211	(c) Under this section, rate of compensation:
212	212	(1) includes an emolument in lieu of base pay for which
213	213	the state employee was eligible; and
214	214	(2) does not include longevity or high injury risk
215	215	[hazardous duty] pay.
216	216	SECTION 18. Section 661.067(b), Government Code, is amended
217	217	to read as follows:
218	218	(b) A state employee who remains on the payroll of a state
219	219	agency under this section:
220	220	(1) is entitled to continue to receive all
221	221	compensation and benefits that the state employee was receiving on
222	222	the employee's last day of duty, including paid holidays, longevity
223	223	pay, and high injury risk [hazardous duty] pay;
224	224	(2) is entitled to a general salary increase for state
225	225	employees that takes effect before the employee's accrued vacation
226	226	time is exhausted; and
227	227	(3) may not use sick leave or accrue sick leave or
228	228	vacation time.
229	229	SECTION 19. Section 666.001(1), Government Code, is amended
230	230	to read as follows:
231	231	(1) "Compensation" includes:
232	232	(A) base salary or wages;
233	233	(B) longevity or high injury risk [hazardous
234	234	duty] pay;
235	235	(C) benefit replacement pay;
236	236	(D) a payment for the balance of vacation and
237	237	sick leave under Subchapter B, Chapter 661;
238	238	(E) a payment for the accrued balance of vacation
239	239	time under Subchapter C, Chapter 661; and
240	240	(F) an emolument provided in lieu of base salary
241	241	or wages.
242	242	SECTION 20. Section 811.001(7), Government Code, is amended
243	243	to read as follows:
244	244	(7) "Compensation" means the base salary of a person;
245	245	amounts that would otherwise qualify as compensation but are not
246	246	received directly by a person pursuant to a good faith, voluntary,
247	247	written salary reduction agreement in order to finance payments to
248	248	a deferred compensation or tax sheltered annuity program
249	249	specifically authorized by state law or to finance benefit options
250	250	under a cafeteria plan qualifying under Section 125 of the Internal
251	251	Revenue Code of 1986 (26 U.S.C. Section 125); longevity and high
252	252	injury risk [hazardous duty] pay; nonmonetary compensation, the
253	253	value of which is determined by the retirement system; amounts by
254	254	which a person's salary is reduced under a salary reduction
255	255	agreement authorized by Chapter 610; and the benefit replacement
256	256	pay a person earns under Subchapter H, Chapter 659, [as added by
257	257	Chapter 417, Acts of the 74th Legislature, 1995,] except for the
258	258	benefit replacement pay a person earns as a result of a payment made
259	259	under Subchapter B, C, or D, Chapter 661. The term excludes
260	260	overtime pay and a cleaning or clothing allowance.
261	261	SECTION 21. Section 814.203(c), Government Code, is amended
262	262	to read as follows:
263	263	(c) For the purposes of this section, "comparable pay" means
264	264	80 percent or more of the member's final state employment base pay
265	265	before deductions for taxes or deferred compensation under state
266	266	and federal law, including any longevity or high injury risk
267	267	[hazardous duty] pay, but excluding the monetary value of any
268	268	insurance or retirement benefits. Comparable pay may be adjusted
269	269	by the retirement system to account for adjustments in state pay
270	270	rates.
271	271	SECTION 22. This Act takes effect September 1, 2021.