85R8488 JG-F     By: Rose H.B. No. 1932       A BILL TO BE ENTITLED   AN ACT   relating to compensation received by state employees working in   certain high injury risk positions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 57.48(k)(1), Education Code, is amended   to read as follows:                (1)  "Compensation" means base salary or wages,   longevity pay, high injury risk [hazardous duty] pay, benefit   replacement pay, or an emolument provided in lieu of base salary or   wages.          SECTION 2.  Section 403.055(l)(1), Government Code, is   amended to read as follows:                (1)  "Compensation" means base salary or wages,   longevity pay, high injury risk [hazardous duty] pay, benefit   replacement pay, or an emolument provided in lieu of base salary or   wages.          SECTION 3.  Section 659.044(e), Government Code, is amended   to read as follows:          (e)  This subsection applies only to an employee of the Texas   Juvenile Justice Department who is receiving less than the maximum   amount of high injury risk [hazardous duty] pay that the department   may pay to the employee under Section 659.303.  The employee's   monthly amount of longevity pay is the sum of:                (1)  $4 for each year of lifetime service credit, which   may not include any period served in a high injury risk [hazardous   duty] position; and                (2)  the lesser of:                      (A)  $4 for each year served in a high injury risk   [hazardous duty] position; or                      (B)  the difference between:                            (i)  $7 for each year served in a high injury   risk [hazardous duty] position; and                            (ii)  the amount paid by the department for   each year served in a high injury risk [hazardous duty] position.          SECTION 4.  Section 659.046(f), Government Code, is amended   to read as follows:          (f)  The amount of an employee's lifetime service credit does   not include the period served in a high injury risk [hazardous duty]   position if the employee is:                (1)  entitled to receive high injury risk [hazardous   duty] pay under Section 659.302; or                (2)  receiving the maximum amount of high injury risk   [hazardous duty] pay that the Texas Juvenile Justice Department may   pay to the employee under Section 659.303.          SECTION 5.  Section 659.124(c), Government Code, is amended   to read as follows:          (c)  In this section, "compensation" means annualized base   salary or wages, including longevity and high injury risk   [hazardous duty] pay.          SECTION 6.  The heading to Subchapter L, Chapter 659,   Government Code, is amended to read as follows:   SUBCHAPTER L. HIGH INJURY RISK [HAZARDOUS DUTY] PAY          SECTION 7.  Sections 659.301(2) and (5), Government Code,   are amended to read as follows:                (2)  "High injury risk [Hazardous duty] position" means   a position in the service of this state that:                      (A)  renders any individual holding that position   a state employee; or                      (B)  requires the performance of high injury risk   [hazardous] duty.                (5)  "State employee" means an individual who:                      (A)  is a commissioned law enforcement officer of   the Department of Public Safety, the Texas Facilities Commission,   the Texas Alcoholic Beverage Commission, the Texas Department of   Criminal Justice, or the attorney general;                      (B)  is a commissioned security officer of the   comptroller;                      (C)  is a law enforcement officer commissioned by   the Parks and Wildlife Commission;                      (D)  is a commissioned peace officer of an   institution of higher education;                      (E)  is an employee or official of the Board of   Pardons and Paroles or the parole division of the Texas Department   of Criminal Justice if the employee or official has routine direct   contact with inmates of any penal or correctional institution or   with administratively released prisoners subject to the board's   jurisdiction;                      (F)  has been certified to the Employees   Retirement System of Texas under Section 815.505 as having begun   employment as a law enforcement officer or custodial officer,   unless the individual has been certified to the system as having   ceased employment as a law enforcement officer or custodial   officer; [or]                      (G)  before May 29, 1987, received high injury   risk [hazardous duty] pay based on the terms of any state law if the   individual holds a position designated under that law as eligible   for the pay; or                      (H)  is an employee of a state supported living   center as defined by Section 531.002, Health and Safety Code, or a   state hospital if the employee is in direct contact with patients   more than 50 percent of the employee's time working in the facility.          SECTION 8.  The heading to Section 659.302, Government Code,   is amended to read as follows:          Sec. 659.302.  ENTITLEMENT TO RECEIVE HIGH INJURY RISK   [HAZARDOUS DUTY] PAY.          SECTION 9.  Section 659.302(a), Government Code, is amended   to read as follows:          (a)  High injury risk [Hazardous duty] pay is included in the   compensation paid to an individual for services rendered during a   month if the individual:                (1)  is a state employee for any portion of the first   workday of the month; and                (2)  has completed at least 12 months of lifetime   service credit not later than the last day of the preceding month.          SECTION 10.  Sections 659.303(a) and (d), Government Code,   are amended to read as follows:          (a)  The department may include high injury risk [hazardous   duty] pay in the compensation paid to an individual for services   rendered during a month if the individual:                (1)  has routine direct contact with youth:                      (A)  placed in a residential facility of the   department; or                      (B)  released under the department's supervision;   and                (2)  has completed at least 12 months of lifetime   service credit not later than the last day of the preceding month.          (d)  The department may not pay high injury risk [hazardous   duty] pay:                (1)  from funds authorized for payment of an   across-the-board employee salary increase; or                (2)  to an employee who works at the department's   central office.          SECTION 11.  Section 659.304, Government Code, is amended to   read as follows:          Sec. 659.304.  INELIGIBILITY TO RECEIVE HIGH INJURY RISK   [HAZARDOUS DUTY] PAY. High injury risk [Hazardous duty] pay may be   paid only to an individual who is:                (1)  entitled to receive the pay under Section 659.302;   or                (2)  eligible to receive the pay under Section 659.303.          SECTION 12.  The heading to Section 659.305, Government   Code, is amended to read as follows:          Sec. 659.305.  AMOUNT OF HIGH INJURY RISK [HAZARDOUS DUTY]   PAY.          SECTION 13.  Sections 659.305(a), (b), (f), and (h),   Government Code, are amended to read as follows:          (a)  Except as provided by Subsections (b) and (h), the   amount of a full-time state employee's high injury risk [hazardous   duty] pay for a particular month is $10 for each 12-month period of   lifetime service credit accrued by the employee.          (b)  This subsection applies only to a state employee whose   compensation for services provided to the state during any month   before August 1987 included high injury risk [hazardous duty] pay   that was based on total state service performed before May 29, 1987.     The amount of a full-time state employee's high injury risk   [hazardous duty] pay for a particular month is the sum of:                (1)  $10 for each 12-month period of state service   credit the employee finished accruing before May 29, 1987; and                (2)  $10 for each 12-month period of lifetime service   credit that the employee 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.          (f)  The amount of a part-time state employee's high injury   risk [hazardous duty] pay is proportional to the amount of a   full-time state employee's pay under Subsection (a), (b), or (h).          (h)  The amount of high injury risk [hazardous duty] pay for   a particular month for a full-time correctional officer employed by   the Texas Department of Criminal Justice is the lesser of:                (1)  $12 for each 12-month period of lifetime service   credit accrued by the employee; or                (2)  $300.          SECTION 14.  Section 659.306, Government Code, is amended to   read as follows:          Sec. 659.306.  RESPONSIBILITY FOR PAYING HIGH INJURY RISK   [HAZARDOUS DUTY] PAY. The state agency that employs an individual   at the beginning of the first workday of a month must pay any high   injury risk [hazardous duty] pay that is included in the   compensation paid to the individual for services rendered during   that month. If the individual transfers to a second state agency   during that month, the first agency remains responsible for paying   the full amount of high injury risk [hazardous duty] pay for that   month.          SECTION 15.  Section 659.307, Government Code, is amended to   read as follows:          Sec. 659.307.  SERVICE CREDIT. (a) The amount of an   individual's lifetime service credit equals the number of months   the individual has served in a high injury risk [hazardous duty]   position during the individual's lifetime.          (b)  The amount of an individual's state service credit   equals the sum of:                (1)  the amount of the individual's lifetime service   credit, as determined under Subsection (a); and                (2)  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 high injury risk [hazardous duty] position.          SECTION 16.  Section 661.034(b), Government Code, is amended   to read as follows:          (b)  Under this section, rate of compensation:                (1)  includes an emolument in lieu of base pay for which   the state employee was eligible on the last day of employment; and                (2)  does not include longevity or high injury risk   [hazardous duty] pay.          SECTION 17.  Section 661.063(c), Government Code, is amended   to read as follows:          (c)  Under this section, rate of compensation:                (1)  includes an emolument in lieu of base pay for which   the state employee was eligible; and                (2)  does not include longevity or high injury risk   [hazardous duty] pay.          SECTION 18.  Section 661.067(b), Government Code, is amended   to read as follows:          (b)  A state employee who remains on the payroll of a state   agency under this section:                (1)  is entitled to continue to receive all   compensation and benefits that the state employee was receiving on   the employee's last day of duty, including paid holidays, longevity   pay, and high injury risk [hazardous duty] pay;                (2)  is entitled to a general salary increase for state   employees that takes effect before the employee's accrued vacation   time is exhausted; and                (3)  may not use sick leave or accrue sick leave or   vacation time.          SECTION 19.  Section 666.001(1), Government Code, is amended   to read as follows:                (1)  "Compensation" includes:                      (A)  base salary or wages;                      (B)  longevity or high injury risk [hazardous   duty] pay;                      (C)  benefit replacement pay;                      (D)  a payment for the balance of vacation and   sick leave under Subchapter B, Chapter 661;                      (E)  a payment for the accrued balance of vacation   time under Subchapter C, Chapter 661; and                      (F)  an emolument provided in lieu of base salary   or wages.          SECTION 20.  Section 811.001(7), Government Code, is amended   to read as follows:                (7)  "Compensation" means the base salary of a person;   amounts that would otherwise qualify as compensation but are not   received directly by a person pursuant to a good faith, voluntary,   written salary reduction agreement in order to finance payments to   a deferred compensation or tax sheltered annuity program   specifically authorized by state law or to finance benefit options   under a cafeteria plan qualifying under Section 125 of the Internal   Revenue Code of 1986 (26 U.S.C. Section 125); longevity and high   injury risk [hazardous duty] pay; nonmonetary compensation, the   value of which is determined by the retirement system; amounts by   which a person's salary is reduced under a salary reduction   agreement authorized by Chapter 610; and the benefit replacement   pay a person earns under Subchapter H, Chapter 659, [as added by   Chapter 417, Acts of the 74th Legislature, 1995,] except for the   benefit replacement pay a person earns as a result of a payment made   under Subchapter B, C, or D, Chapter 661. The term excludes   overtime pay and a cleaning or clothing allowance.          SECTION 21.  Section 814.203(c), Government Code, is amended   to read as follows:          (c)  For the purposes of this section, "comparable pay" means   80 percent or more of the member's final state employment base pay   before deductions for taxes or deferred compensation under state   and federal law, including any longevity or high injury risk   [hazardous duty] pay, but excluding the monetary value of any   insurance or retirement benefits.  Comparable pay may be adjusted   by the retirement system to account for adjustments in state pay   rates.          SECTION 22.  This Act takes effect September 1, 2017.