CHAPTER 659. COMPENSATION
GOVERNMENT CODE
TITLE 6. PUBLIC OFFICERS AND EMPLOYEES
SUBTITLE B. STATE OFFICERS AND EMPLOYEES
CHAPTER 659. COMPENSATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 659.001. EQUAL WORK, EQUAL PAY. A woman who performs
public service for this state is entitled to be paid the same
compensation for her service as is paid to a man who performs the
same kind, grade, and quantity of service, and a distinction in
compensation may not be made because of sex.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 659.002. DEDUCTIONS. (a) A state agency may not make a
deduction from the compensation paid to an officer or employee
whose compensation is paid in full or in part from state funds
unless the deduction is authorized by law.
(b) In this section "state agency" means:
(1) a board, commission, department, office, or other agency
that is in the executive branch of state government and that was
created by the constitution or a statute of this state, including
an institution of higher education as defined by Section 61.003,
Education Code, other than a public junior college;
(2) the legislature or a legislative agency; or
(3) the supreme court, the court of criminal appeals, a court of
appeals, the state bar, or another state judicial agency.
(c) To the extent that the laws, regulations, and rules of this
state or the United States do not specify the priority of
deductions, the comptroller by rule may determine the priority
for compensation paid by a state governmental body.
(d) The state shall withhold money from salaries and wages paid
to state officers and employees in accordance with applicable
federal law, including federal law relating to withholding for
purposes of the federal income tax. The state shall make any
required employer contributions in accordance with applicable
federal law. The comptroller shall make payments in accordance
with this subsection.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.14(a), eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 279, Sec. 9, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 118, Sec. 2.12, eff. Sept. 1,
2001.
Sec. 659.003. OFFICER MAY DECLINE REMUNERATION. (a) In this
section:
(1) "Officer" means an elected officer or appointed officer, as
those terms are defined by Chapter 572. The term includes a
person who has received a certificate of election to such an
office or who has been appointed or nominated to such an office
but has not been confirmed.
(2) "Remuneration" includes salary, compensatory per diem,
expense per diem, reimbursement for expenses, longevity pay, and
fees.
(b) An officer may decline remuneration associated with the
office. To decline remuneration, the officer shall execute a
declination form prescribed by the secretary of state. The form
shall be designed to permit the person to decline all
remuneration or to decline particular remuneration from among
various types associated with the office. The form shall be filed
with the secretary of state.
(c) A declination is effective on the date it is filed with the
secretary of state.
(d) A declination filed after an officer has qualified for
office may be revoked at any time. A declination filed before a
person has qualified for office may not be revoked during the
term of office to which the person is appointed or elected.
(e) A person who has irrevocably declined remuneration under
this section is not considered to be compensated directly or
indirectly for purposes of state law, except that declination of
remuneration under this section does not change the character of
an office as an office of emolument or a lucrative office for
purposes of a provision of the Texas Constitution.
Added by Acts 1995, 74th Leg., ch. 49, Sec. 1, eff. May 8, 1995.
Sec. 659.004. PAYROLL AND PERSONNEL REPORTING. (a) In this
section, "state agency" has the meaning assigned by Section
658.001.
(b) The comptroller, in consultation with the state auditor,
shall adopt rules that prescribe uniform procedures for payroll
and personnel reporting for all state agencies and that are
designed to:
(1) facilitate the auditing of payrolls;
(2) facilitate a classification compliance audit under Chapter
654;
(3) assure conformity with this chapter and the General
Appropriations Act; and
(4) provide the legislative audit committee with current
information on employment and wage rate practices in state
government.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 10, eff. Sept. 1,
1999.
Sec. 659.005. WITNESS FEES; JURY SERVICE. (a) A deduction may
not be made from the salary or wages of a state employee because
the employee is called for jury service, including a deduction
for any fee or compensation the employee receives for the jury
service.
(b) A state officer or employee who appears as a witness in an
official capacity in a judicial proceeding or legislative hearing
may not accept or receive a witness fee for the appearance.
(c) A state officer or employee who appears as a witness, in a
capacity other than as a state officer or employee, in a judicial
proceeding or legislative hearing to testify from personal
knowledge concerning matters related to the proceeding or hearing
is entitled to receive any customary witness fees for the
appearance.
(d) A state officer or employee who appears as an expert witness
in a judicial proceeding or legislative hearing may accept
compensation for the appearance only if the person is not also
compensated by the state for the person's time in making the
appearance and may accept reimbursement for travel expenses only
if the expenses are not reimbursed by the state. For purposes of
this subsection, paid leave is not considered time compensated by
the state.
(e) A state officer or employee may receive reimbursement for
travel and a per diem or reimbursement for expenses connected to
an appearance in an official capacity as a witness in a judicial
proceeding or legislative hearing only from the state or the
judicial body, but not from both the state and the judicial body.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 10, eff. Sept. 1,
1999.
Sec. 659.006. ADJUSTMENT FOR INACCURATE PAYMENT. The
comptroller by rule shall prescribe procedures for state agencies
to follow in making adjustments to payrolls for the pay period
immediately following the period in which an inaccurate payment
or deduction is made or in which other error occurs.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 10, eff. Sept. 1,
1999.
SUBCHAPTER B. SALARY AMOUNTS; OVERTIME AND COMPENSATORY TIME
Sec. 659.011. SALARIES SET IN APPROPRIATIONS ACT. The salaries
of all state officers and employees are in the amounts provided
by the biennial appropriations act.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 659.012. JUDICIAL SALARIES. (a) Notwithstanding Section
659.011:
(1) a judge of a district court is entitled to an annual salary
from the state of at least $125,000, except that the combined
salary of a district judge from state and county sources,
including compensation for any extrajudicial services performed
on behalf of the county, may not exceed the amount that is $5,000
less than the salary provided for a justice of a court of appeals
other than a chief justice;
(2) a justice of a court of appeals other than the chief justice
is entitled to an annual salary from the state that is equal to
110 percent of the salary of a district judge, except that the
combined salary of a justice of the court of appeals other than
the chief justice from all state and county sources, including
compensation for any extrajudicial services performed on behalf
of the county, may not exceed the amount that is $5,000 less than
the salary provided for a justice of the supreme court;
(3) a justice of the supreme court other than the chief justice
or a judge of the court of criminal appeals other than the
presiding judge is entitled to an annual salary from the state
that is equal to 120 percent of the salary of a district judge;
and
(4) the chief justice or presiding judge of an appellate court
is entitled to an annual salary from the state that is $2,500
more than the salary provided for the other justices or judges of
the court, except that the combined salary of the chief justice
of a court of appeals may not exceed the amount that is $2,500
less than the salary provided for a justice of the supreme court.
(b) To the extent of any conflict, the salary limitations
provided by this section for the combined salary of a state judge
or justice from state and local sources prevails over any
provision of Chapter 31 or 32 that authorizes the payment of
additional compensation to a state judge or justice.
(d) In a county with more than five district courts, a district
judge who serves as a local administrative district judge under
Section 74.091 is entitled to an annual salary from the state
that is $5,000 more than the salary from the state to which the
judge is otherwise entitled under Subsection (a)(1).
(e) For the purpose of salary payments by the state, the
comptroller shall determine from sworn statements filed by the
justices of the courts of appeals and district judges that the
required salary limitations provided by this section are
maintained. If a salary combined with additional compensation
from a county would be in excess of the limitations provided by
this section, the comptroller shall reduce the state salary by
the amount of the excess.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1993, 73rd Leg., ch. 268, Sec. 21, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1113, Sec. 1, eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 1166, Sec. 1, eff. Sept. 1,
1997.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch.
3, Sec. 1, eff. December 1, 2005.
Sec. 659.0125. SALARY FOR DISTRICT JUDGE OR RETIRED JUDGE
PRESIDING OVER MULTIDISTRICT LITIGATION. (a) Notwithstanding
Section 659.012 or any other law, a district judge who presides
over multidistrict litigation involving claims for
asbestos-related or silica-related injuries is entitled to
receive, in addition to all other compensation, expenses, and
perquisites authorized by law, the maximum amount of compensation
set by the Texas Judicial Council for a presiding judge under
Section 74.051(b). The annual amount must be apportioned over 12
equal monthly payments and be paid to the judge by the
comptroller's judiciary section for each month during which the
judge retains jurisdiction over the claims.
(b) Notwithstanding any other law, supplemental compensation
paid to a district judge under this section is not included as
part of the district judge's total annual salary for the purpose
of computing another salary that is based on the salary of the
district judge.
(c) A retired judge appointed to an MDL pretrial court, as
defined by Section 90.001, Civil Practice and Remedies Code, is
entitled to receive the same compensation and benefits to which a
district judge is entitled.
Added by Acts 2007, 80th Leg., R.S., Ch.
393, Sec. 3, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1241, Sec. 2, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1241, Sec. 3, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1353, Sec. 2, eff. September 1, 2009.
Sec. 659.013. STATUTORY SALARIES SUSPENDED. (a) Except as
provided by this section, a law setting the salary of a state
officer or employee is suspended to the extent that the law
conflicts with this subchapter.
(b) The suspension does not apply to:
(1) a law specifying or regulating the salary or compensation of
an officer or employee for whom the biennial appropriations act
does not specify or regulate the salary or compensation; and
(2) Chapter 654.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 659.014. SUSPENDED LAWS CONTINUED IN EFFECT. Those laws
suspended by the operation of Section 659.013 are continued in
effect, although suspended, as those laws existed September 1,
1993, including:
(1) Article 6813, Revised Statutes (setting annual salaries for
named officers and employees);
(2) Chapter 277, Acts of the 40th Legislature, Regular Session,
1927 (Article 6813a, Vernon's Texas Civil Statutes) (setting and
regulating the salary of members of the Railroad Commission of
Texas); and
(3) Article 6824, Revised Statutes (prohibiting an increase or
decrease of salary during an officer's term of office).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 659.015. OVERTIME COMPENSATION FOR EMPLOYEES SUBJECT TO
FAIR LABOR STANDARDS ACT. (a) This section applies only to a
state employee who is subject to the overtime provisions of the
federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201
et seq.) and who is not an employee of the legislature, including
an employee of the lieutenant governor, or of a legislative
agency.
(b) The employee is entitled to compensation for overtime as
provided by federal law and this section. To the extent that this
section and federal law prescribe a different rule for the same
circumstance, federal law controls without regard to whether this
section or federal law prescribes a stricter rule.
(c) An employee who is required to work hours in excess of 40
hours in a workweek is entitled to compensation for the excess
hours either by:
(1) the agency allowing or requiring the employee to take
compensatory time off at the rate of 1-1/2 hours off for each
hour of overtime; or
(2) at the discretion of the employing agency, in cases in which
granting compensatory time off is impractical, the employee
receiving pay for the overtime at the rate equal to 1-1/2 times
the employee's regular rate of pay.
(d) Holidays or other paid leave taken during a workweek are not
counted as hours worked in computing the number of overtime hours
under Subsection (c) or (e).
(e) An employee may not accumulate more than 240 hours of
overtime credit that may be taken as compensatory leave under
Subsection (c)(1), except that an employee engaged in a public
safety activity, an emergency response activity, or a seasonal
activity may accumulate, in accordance with 29 U.S.C. Section
207(o)(3)(A), not more than 480 hours of overtime credit that may
be taken as compensatory leave under Subsection (c)(1). An
employee must be paid at the rate prescribed by Subsection (c)(2)
for the number of overtime hours the employee works that cause
the employee to exceed the amount of overtime credit the employee
may accumulate. In this subsection, "overtime credit" means the
number of hours that is computed by multiplying the number of
overtime hours worked by 1-1/2.
(f) When an employee does not work more than 40 hours in a
workweek but the number of hours worked plus the number of hours
of holiday or other paid leave taken during the workweek exceeds
40 hours, the employee is entitled to compensatory time off at
the rate of one hour off for each of the excess hours. When an
employee does work 40 or more hours in a workweek and in addition
takes holiday or other paid leave during the workweek, and the
total number of hours worked still exceeds 40 after subtracting
the hours compensable under Subsections (c)-(e), the employee is
entitled to compensatory time off at the rate of one hour off for
each of the remaining hours in excess of 40. When an employee
does not work more than 40 hours in a workweek and the number of
hours worked plus the number of hours of holiday or other paid
leave taken during the week does not exceed 40 hours, the
employee may not accrue compensatory time for the week under this
section.
(g) Compensatory time off to which an employee is entitled under
Subsection (f) must be taken during the 12-month period following
the end of the workweek in which the compensatory time was
accrued or it lapses. An employee may not be paid for that
compensatory time, except as provided by this subsection and
Subsections (i) and (j). An employee of an institution of higher
education as defined by Section 61.003, Education Code, or an
employee engaged in a public safety activity, including highway
construction and maintenance or an emergency response activity,
may be paid at the employee's regular rate of pay for that
compensatory time if the employer determines that taking the
compensatory time off would disrupt normal teaching, research, or
other critical functions.
(h) Exceptions to the workweek overtime computation for public
safety, emergency response, or seasonal situations shall be made
in accordance with the federal Fair Labor Standards Act of 1938
(29 U.S.C. Section 201 et seq.).
(i) With authorization from the administrative head of the
agency for which an employee works, or that person's designee, an
employee may be paid for the hours of compensatory time the
employee earns for work directly related to a disaster or
emergency declared by the appropriate officer of the state or
federal government.
(j) With authorization from the administrative head of the
agency for which an employee works, or that person's designee, an
employee employed by a state mental health or mental retardation
facility may be paid for any unused compensatory time if the
employing agency determines that taking the compensatory time off
would disrupt the normal business functions of the agency.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 12, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1241, Sec. 4, eff. June 19, 2009.
Sec. 659.0155. PAYMENT TO EMPLOYEES OF TEXAS DEPARTMENT OF
CRIMINAL JUSTICE FOR OVERTIME. The Texas Department of Criminal
Justice shall compensate a person employed by the department for
any overtime accrued by the employee for which the employee is
entitled to compensation under Section 659.015 in the same month
the department compensates employees at the regular rate of pay
for the period in which the employee accrued the overtime.
Added by Acts 2007, 80th Leg., R.S., Ch.
1308, Sec. 43, eff. June 15, 2007.
Sec. 659.016. OVERTIME COMPENSATION FOR EMPLOYEES NOT SUBJECT TO
FAIR LABOR STANDARDS ACT; REDUCTIONS IN PAY. (a) This section
applies only to a state employee who is not subject to the
overtime provisions of the federal Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.) and who is not an employee
of the legislature, including an employee of the lieutenant
governor, or of a legislative agency.
(b) When the sum of hours worked plus holiday or other paid
leave taken by a full-time employee during a workweek exceeds 40
hours, and not otherwise, the employee may be allowed to accrue
compensatory time for the number of hours that exceeds 40 hours.
When the sum of hours worked plus holiday or other paid leave
taken by a part-time employee during a workweek exceeds the
number of hours that the part-time employee is designated to work
during the workweek, and not otherwise, the employee may be
allowed to accrue compensatory time for the number of hours that
exceeds the number of hours that the employee is designated to
work during the workweek.
(c) An employee who is exempt as an executive, professional, or
administrative employee under 29 U.S.C. Section 213(a)(1) may be
allowed compensatory time off during the 12-month period
following the end of the workweek in which the time that exceeds
40 hours under Subsection (b) was accrued, at a rate not to
exceed one hour of compensatory time off for each hour of time
that exceeds 40 hours under Subsection (b) accrued.
(d) In accordance with 29 C.F.R. Section 541.118 and subject to
that section's exceptions as described by this section, an
employee who is exempt as an executive, professional, or
administrative employee under 29 U.S.C. Section 213(a)(1) is
entitled to receive full salary for any week in which the
employee performs work without regard to the number of days and
hours worked. This is also subject to the general rule that an
employee need not be paid for any workweek in which the employee
performs no work.
(e) A deduction may be made from the salary of an employee who
is exempt as an executive, professional, or administrative
employee under 29 U.S.C. Section 213(a)(1) if:
(1) the employee is not at work for a full day or longer for
personal reasons other than sickness, accident, jury duty,
attendance as a witness at a judicial proceeding, or temporary
military leave;
(2) the employee is not at work for a full day or longer because
of sickness or disability, including sickness or disability
covered by workers' compensation benefits, and the employee's
paid sick leave or workers' compensation benefits have been
exhausted;
(3) the deduction is a penalty imposed for a violation of a
significant safety rule relating to prevention of serious danger
in the workplace to other persons, including other employees; or
(4) in accordance with the special provisions applicable to
executive, professional, or administrative employees of public
agencies set forth in 29 C.F.R. Section 541.5d, the employee is
not at work for less than one day for personal reasons or because
of illness or injury and accrued leave is not used by the
employee because:
(A) permission to use accrued leave was not sought or was
denied;
(B) accrued leave has been exhausted; or
(C) the employee chooses to use leave without pay.
(f) In accordance with 29 C.F.R. Section 541.5d, a deduction
from the pay of an executive, professional, or administrative
employee because of an absence from work caused by a furlough
related to the budget does not affect the employee's status as an
employee paid on a salary basis, except for any workweek in which
the furlough occurs and for which the employee's pay is
accordingly reduced.
(g) If a deduction is made from an employee's salary in
violation of United States Department of Labor regulations, the
employee is entitled to reimbursement of the amount that should
not have been deducted.
(h) An employee who is not subject to the federal Fair Labor
Standards Act of 1938 under 29 U.S.C. Section 203(e)(2)(C)
because the employee is a staff member, appointee, or immediate
adviser of an elected officeholder may be allowed compensatory
time off under the terms and conditions determined by the
officeholder.
(i) Except as provided by this subsection and Subsection (j), an
employee covered by this section may not be paid for any unused
compensatory time. With authorization from the administrative
head of the agency for which a state employee works, or that
person's designee, an employee may be paid for the hours of
compensatory time the employee earns for work directly related to
a disaster or emergency declared by the appropriate officer of
the state or federal government.
(j) With authorization from the administrative head of the
agency for which an employee works, or that person's designee, an
employee employed by a state mental health or mental retardation
facility may be paid for any unused compensatory time if the
employing agency determines that taking the compensatory time off
would disrupt the normal business functions of the agency.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 12, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1241, Sec. 5, eff. June 19, 2009.
Sec. 659.017. OVERTIME COMPENSATION FOR LEGISLATIVE EMPLOYEES.
Consistent with the requirements of the federal Fair Labor
Standards Act of 1938 (29 U.S.C. Section 201 et seq.), overtime
pay and compensatory time off for employees of the legislative
branch, including employees of the lieutenant governor, are
determined:
(1) for employees of the house of representatives or the senate,
by the presiding officer of the appropriate house of the
legislature;
(2) for employees of an elected officeholder, by the employing
officeholder; and
(3) for employees of a legislative agency, by the administrative
head of the agency.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 12, eff. Sept. 1,
1999.
Sec. 659.018. COMPENSATORY TIME: PLACE WHERE WORK PERFORMED.
(a) Except under circumstances specified in the General
Appropriations Act or as provided by Subsection (b), an employee
of a state agency as defined by Section 658.001 may not, for
hours worked during any calendar week, accumulate compensatory
time off under Section 659.015(f) or 659.016 to the extent that
the hours are attributable to work performed at a location other
than the employee's regular or temporarily assigned place of
employment.
(b) An employee may accumulate compensatory time off for hours
worked during any calendar week at the employee's personal
residence if the employee obtains the advance approval of the
administrative head of the agency for which the employee works or
that person's designee.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 12, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1241, Sec. 6, eff. June 19, 2009.
Sec. 659.019. PART-TIME AND HOURLY EMPLOYMENT. (a) In
computing the salary of a part-time or hourly employee, the rate
of pay must be proportional to the rate authorized by the General
Appropriations Act for full-time employment in the same
classified position, or if the position is not under the state's
position classification plan, for full-time employment in the
applicable exempt position.
(b) A part-time employee is subject to Subchapter K and to the
leave without pay provisions of Section 659.085.
(c) The comptroller may adopt rules to determine the hourly rate
of an employee paid on an hourly basis.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 12, eff. Sept. 1,
1999.
Sec. 659.020. SALARY SUPPLEMENTATION. A state employee employed
by a state agency as defined by Section 658.001 whose position is
classified under Chapter 654 or whose exempt position is funded
by the General Appropriations Act may not receive a salary
supplement from any source unless a specific grant of authority
to do so is provided by the General Appropriations Act or other
law.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 12, eff. Sept. 1,
1999.
Sec. 659.021. ADMINISTRATIVE HEAD OF AGENCY. The administrative
head of a state agency as defined by Section 658.001 whose salary
as administrative head is established by the General
Appropriations Act may not receive a salary higher than that
established salary, even if the administrative head performs
duties assigned to a position title classified in the state's
position classification plan that is assigned to a salary group
that would pay a higher salary, unless the General Appropriations
Act specifically provides that a higher salary may be received.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 12, eff. Sept. 1,
1999.
Sec. 659.022. USE OF COMPENSATORY TIME BEFORE LAPSING. (a) If
an employee of a state agency as defined by Section 658.001 who
wishes to use accrued compensatory time that is subject to
lapsing submits a written request for permission to use the
accrued compensatory time to the employing state agency not later
than the 90th day before the date on which the accrued
compensatory time will lapse, the employing state agency shall:
(1) approve in writing the employee's request; or
(2) provide the employee with an alternate date on which the
employee may use the compensatory time.
(b) The employee may request permission to use the accrued
compensatory time within 90 days of the date on which it will
lapse, and the employing agency is encouraged to reasonably
accomodate the employee's use of the accrued compensatory time
before it lapses.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 12, eff. Sept. 1,
1999.
Sec. 659.023. COMPENSATORY TIME POLICY. (a) A state agency
shall notify its employees annually of the state's policy on
compensatory time.
(b) A state agency shall accommodate to the extent practicable
an employee's request to use accrued compensatory time.
(c) A state agency shall:
(1) provide an employee activated to military service as a
member of the reserve component of the armed forces with a
statement containing the balance of the employee's accrued state
compensatory time; and
(2) accommodate an employee's request to use the balance of the
employee's accrued state compensatory time before the
compensatory time expires.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 12, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 175, Sec. 3, eff.
Sept. 1, 2003.
Sec. 659.024. COMPENSATORY TIME FOR PERSONS GOVERNING STATE
AGENCIES. (a) In this section, "state agency" has the meaning
assigned by Section 658.001.
(b) This section does not apply to an employee who acts as the
administrative head of a state agency, including an executive
director.
(c) A member of the governing body of a state agency or a single
state officer who governs a state agency may not accrue
compensatory time under this subchapter or another state statute.
Added by Acts 2003, 78th Leg., ch. 793, Sec. 1, eff. Sept. 1,
2003.
Sec. 659.025. USE OF COMPENSATORY TIME BY CERTAIN EMERGENCY
SERVICES PERSONNEL; OPTIONAL OVERTIME PAYMENT. (a) In this
section, "emergency services personnel" includes firefighters,
police officers and other peace officers, emergency medical
technicians, emergency management personnel, and other
individuals who are required, in the course and scope of their
employment, to provide services for the benefit of the general
public during emergency situations.
(b) This section applies only to a state employee who is
emergency services personnel, who is not subject to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and who is not an employee of the
legislature, including an employee of the lieutenant governor or
of a legislative agency.
(c) Notwithstanding Section 659.016 or any other law, an
employee to whom this section applies may be allowed to take
compensatory time off during the 18-month period following the
end of the workweek in which the compensatory time was accrued.
(d) Notwithstanding Section 659.016 or any other law, the
administrative head of a state agency that employs an employee to
whom this section applies may pay the employee overtime at the
employee's regular hourly salary rate for all or part of the
hours of compensatory time off accrued by the employee during a
declared disaster in the preceding 18-month period. The
administrative head shall reduce the employee's compensatory time
balance by one hour for each hour the employee is paid overtime
under this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
534, Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch.
1280, Sec. 4.01, eff. September 1, 2009.
SUBCHAPTER C. PER DIEM
Sec. 659.031. DEFINITION. In this subchapter, "state board"
means a board, commission, committee, council, or similar agency
in the executive or judicial branch of state government that is
composed of two or more members. The term does not include a
board, commission, committee, council, or similar agency whose
membership is elected by vote of the people.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1300, Sec. 11, eff.
Sept. 1, 1997.
Sec. 659.032. PER DIEM ENTITLEMENT. (a) A member of a state
board is entitled to a per diem in an amount set by the General
Appropriations Act for the member's service on the board.
(b) This section does not apply to a member of the legislature
who serves on a board by virtue of the member's office as a
legislator.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 659.033. STATUTORY PER DIEM SUSPENDED. (a) A law setting
the amount of per diem for members of a state board is suspended
to the extent of conflict with this subchapter.
(b) The law setting the amount of per diem for a member of a
state board is not suspended if the General Appropriations Act
does not set the amount of per diem to which the member is
entitled.
(c) A law setting a limit on the number of days for which a
state board member is entitled to a per diem is not suspended by
this subchapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER D. LONGEVITY PAY
Sec. 659.041. DEFINITIONS. In this subchapter:
(1) "Appointment" means a job title.
(2) "Full-time state employee" means:
(A) a state employee who works in the executive or judicial
branch of state government, other than a state institution of
higher education, and who is normally scheduled to work a total
of at least 40 hours a week for a single state agency;
(B) a state employee who works for a state institution of higher
education and who is normally scheduled to work a total of at
least 40 hours a week in one position, as determined under
Section 659.0411; or
(C) a state employee who works in the legislative branch of
state government and who is normally scheduled to work a total of
40 or more hours a week in all positions held in the legislative
branch.
(3) "Part-time state employee" means a state employee who is not
a full-time state employee.
(4) "State employee" means an individual who:
(A) is covered by Chapter 654;
(B) holds a line item or exempt position;
(C) works in a nonacademic position at a state institution of
higher education at least 20 hours a week for at least 4.5
consecutive months; or
(D) is an hourly employee of the state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 33, eff.
June 19, 1997.
Sec. 659.0411. APPOINTMENTS AT STATE INSTITUTIONS OF HIGHER
EDUCATION. (a) A state institution of higher education shall
determine whether a state employee who has more than one
appointment with the institution holds only one position or holds
one position for each appointment.
(b) A board of regents shall determine whether a state employee
who has an appointment with at least two state institutions of
higher education under the board's jurisdiction holds only one
position or holds one position for each appointment.
(c) A state employee who has an appointment with at least two
state institutions of higher education holds more than one
position if those institutions are not governed by the same board
of regents.
Added by Acts 1997, 75th Leg., ch. 1035, Sec. 34, eff. June 19,
1997.
Sec. 659.042. EXCLUSIONS. The following are not entitled to
longevity pay under this subchapter:
(1) a member of the legislature;
(2) an individual who holds a statewide office that is normally
filled by vote of the people, except as provided by Section
659.0445;
(3) an independent contractor or an employee of an independent
contractor;
(4) a temporary employee;
(5) an officer or employee of a public junior college;
(6) an academic employee of a state institution of higher
education; or
(7) a state employee who retired from state employment on or
after June 1, 2005, and who receives an annuity based wholly or
partly on service as a state officer or state employee in a
public retirement system, as defined by Section 802.001, that was
credited to the state employee.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2005, 79th Leg., Ch.
899, Sec. 13.01, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
1328, Sec. 1, eff. September 1, 2007.
Sec. 659.043. ENTITLEMENT. (a) A state employee is entitled to
longevity pay to be included in the employee's monthly
compensation if the employee:
(1) is a full-time state employee on the first workday of the
month;
(2) is not on leave without pay on the first workday of the
month; and
(3) has accrued at least two years of lifetime service credit
not later than the last day of the preceding month.
(b) Notwithstanding Subsection (a)(2), an employee of the Texas
School for the Blind and Visually Impaired or the Texas School
for the Deaf who is otherwise eligible for longevity pay is
entitled to longevity pay for each month that the employee is in
a full-time paid status on the first workday for which the school
has work scheduled for the employee.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 1277, Sec. 1, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1158, Sec. 31, eff. June
15, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
899, Sec. 13.02, eff. September 1, 2005.
Sec. 659.044. AMOUNT. (a) Except as provided by Subsections
(e) and (f) and Section 659.0445, the monthly amount of longevity
pay is $20 for every two years of lifetime service credit.
(b) The amount increases when the 4th, 6th, 8th, 10th, 12th,
14th, 16th, 18th, 20th, 22nd, 24th, 26th, 28th, 30th, 32nd, 34th,
36th, 38th, 40th, and 42nd years of lifetime service credit are
accrued.
(c) An increase is effective beginning with the month following
the month in which the 4th, 6th, 8th, 10th, 12th, 14th, 16th,
18th, 20th, 22nd, 24th, 26th, 28th, 30th, 32nd, 34th, 36th, 38th,
40th, and 42nd years of lifetime service credit are accrued.
(d) An employee may not receive from the state as longevity pay
more than the amount determined under Subsection (a) or (e), as
applicable, regardless of the number of positions the employee
holds or the number of hours the employee works each week.
(e) This subsection applies only to an employee of the Texas
Youth Commission who is receiving less than the maximum amount of
hazardous duty pay that the commission 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 hazardous duty position; and
(2) the lesser of:
(A) $4 for each year served in a hazardous duty position; or
(B) the difference between:
(i) $7 for each year served in a hazardous duty position; and
(ii) the amount paid by the commission for each year served in a
hazardous duty position.
(f) A state employee who retired from state employment before
June 1, 2005, and who returned to state employment before
September 1, 2005, is entitled to receive longevity pay. The
monthly amount of longevity pay the employee is entitled to
receive equals the amount of longevity pay the employee was
entitled to receive immediately before September 1, 2005. A
state employee who retired from state employment before June 1,
2005, and who returns to state employment on or after September
1, 2005, is not entitled to receive longevity pay.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 35, eff.
June 19, 1997, except as provided in Sec. 91; Acts 2001, 77th
Leg., ch. 1158, Sec. 32, eff. Sept. 1, 2001; Acts 2001, 77th
Leg., ch. 1158, Sec. 104, eff. June 15, 2001.
Reenacted and amended by Acts 2005, 79th Leg., Ch.
899, Sec. 13.03, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1328, Sec. 2, eff. September 1, 2007.
Sec. 659.0445. LONGEVITY PAY FOR STATE JUDGES AND JUSTICES. (a)
A judge or justice who receives a salary paid by the state, is a
member of the Judicial Retirement System of Texas Plan One or the
Judicial Retirement System of Texas Plan Two, and is an active
judge, as defined by Section 74.041, is entitled to longevity pay
as provided by this section.
(b) The monthly amount of longevity pay under this section to
which a judge or justice described by Subsection (a) is entitled:
(1) is equal to the product of.031 multiplied by the amount of
the judge's or justice's current monthly state salary; and
(2) becomes payable beginning with the month following the month
in which the judge or justice completes 16 years of service for
which credit is established in the applicable retirement system.
(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1353, Sec. 4,
eff. September 1, 2009.
(d) The commissioners court of a county may provide longevity
pay calculated in accordance with this section to a judge or
justice described by Subsection (a) who:
(1) previously served as a statutory county court judge in the
county;
(2) is not otherwise eligible for longevity pay under Subsection
(b); and
(3) would be entitled to longevity pay under this section if the
service credit the judge or justice earned as a statutory county
court judge was established in the applicable retirement system.
(e) Notwithstanding any other law, longevity pay that is paid to
a judge or justice under this section is not included as part of
the judge's or justice's combined salary from state and county
sources for purposes of the salary limitations provided by
Section 659.012.
Added by Acts 2007, 80th Leg., R.S., Ch.
1328, Sec. 3, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1353, Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1353, Sec. 4, eff. September 1, 2009.
Sec. 659.045. CHANGE IN STATUS. If a state employee ceases
being a full-time state employee after the first workday of a
month but otherwise qualifies for longevity pay, the employee's
compensation for the month includes full longevity pay.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 659.046. ACCRUAL OF LIFETIME SERVICE CREDIT. (a) An
employee accrues lifetime service credit for the period in which
the employee:
(1) serves as a full-time, part-time, or temporary state
employee or otherwise serves as an employee of the state;
(2) serves as a member of the legislature;
(3) holds a statewide office that is normally filled by vote of
the people; or
(4) serves as an academic employee of a state institution of
higher education.
(b) An employee who is on leave without pay for an entire
calendar month does not accrue lifetime service credit for the
month. An employee who is on leave without pay for less than an
entire calendar month accrues lifetime service credit for the
month if the employee otherwise qualifies to accrue credit under
Subsection (a).
(c) An employee who simultaneously holds two or more positions
that each accrue lifetime service credit accrues credit for only
one of the positions.
(d) An employee who begins working on the first workday of a
month in a position that accrues lifetime service credit is
considered to have begun working on the first day of the month.
(e) An employee does not accrue lifetime service credit for a
period in which the employee serves as an officer or employee of
a public junior college.
(f) The amount of an employee's lifetime service credit does not
include the period served in a hazardous duty position if the
employee is:
(1) entitled to receive hazardous duty pay under Section
659.302; or
(2) receiving the maximum amount of hazardous duty pay that the
Texas Youth Commission may pay to the employee under Section
659.303.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 33, eff.
Sept. 1, 2001.
Sec. 659.047. COMPTROLLER RULES. The comptroller shall adopt
rules to administer this subchapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER E. ADDITIONAL COMPENSATION AND EXPENSES
Sec. 659.061. EXPENSES OF EMPLOYEES INJURED OR KILLED WHILE ON
DUTY. In addition to other benefits of employment provided by
law, a state agency may, to the extent authorized by an
appropriation for the purpose, spend appropriated funds to pay
for drugs and medical, hospital, laboratory, and funeral expenses
of an employee under the jurisdiction and control of the agency:
(1) who is injured or killed while engaged in the performance of
a necessary governmental function assigned to the employee; or
(2) whose duties require the employee to be exposed to
unavoidable dangers peculiar to the performance of a necessary
governmental function.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER F. METHOD AND FREQUENCY OF PAYMENT
Sec. 659.081. PAYMENT ONCE A MONTH. Except as provided by this
subchapter or the General Appropriations Act, annual salaries for
state officers and employees shall be paid once a month.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 279, Sec. 13, eff.
Sept. 1, 1999.
Sec. 659.082. PAYMENT TWICE A MONTH. (a) An employee is
entitled to be paid employment compensation twice a month if:
(1) the employee is employed by:
(A) the Texas Department of Mental Health and Mental
Retardation;
(B) the Texas Department of Transportation;
(C) the Texas Department of Human Services;
(D) the Texas Workforce Commission;
(E) the Department of Public Safety; or
(F) any other state agency designated by the comptroller;
(2) the employee holds a classified position under the state's
position classification plan;
(3) the employee's position is classified below salary group A12
under classification salary Schedule A in the General
Appropriations Act;
(4) the employing state agency satisfies the comptroller's
requirements relating to the payment of compensation twice a
month; and
(5) at least 30 percent of the eligible employees of the agency
choose to be paid twice a month.
(b) Employees of an institution of higher education as defined
by Section 61.003, Education Code, may be paid twice a month at
the election of the employing institution of higher education.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 734, Sec. 1, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 279, Sec. 14, eff. Sept.
1, 1999.
Sec. 659.083. PAYDAY. (a) Except as provided by Subsection
(b), the comptroller may not pay the salary of a state officer or
employee before the first working day of the month following the
payroll period.
(b) The comptroller shall pay an employee who is paid twice a
month under Section 659.082 on:
(1) the first working day of the month following the payroll
period that covers the last half of the preceding month; and
(2) the 15th day of the month or the first working day after the
15th for the payroll period that covers the first half of the
month.
(c) In this section, "working day" means a day other than
Saturday, Sunday, or a national holiday as listed in the General
Appropriations Act or Chapter 662. A day does not cease to be a
national holiday because a state agency maintains or is required
to maintain a minimum working staff on the holiday.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 1, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 8.43, eff.
Sept. 1, 1997.
Sec. 659.084. ELECTRONIC FUNDS TRANSFER. Salaries for state
officers and employees paid once a month shall be paid through
electronic funds transfer under Section 403.016 unless paid on
warrant as permitted under that section.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 659.085. DETERMINING AMOUNT OF MONTHLY OR HOURLY PAY;
PROPORTIONATE REQUIREMENT FOR PART-TIME PAY. (a) The amount of
monthly salary for an annual employee who maintains a 40-hour
workweek and is covered under Chapter 658 is computed in
accordance with the General Appropriations Act and equitable
rules adopted by the comptroller.
(b) For purposes of partial payment or other applicable
situations, an employee's equivalent hourly rate of pay for a
given month is computed in accordance with the General
Appropriations Act and equitable rules adopted by the
comptroller. Alternatively, an institution of higher education as
defined by Section 61.003, Education Code, may compute an
employee's equivalent hourly rate of pay for a given month by
dividing the employee's annual salary by 2080, which is the
number of working hours in the standard work year. This
subsection applies only to full-time employees described by
Subsection (a) and to part-time salaried employees.
(c) When an employee is on leave without pay, compensation for
the pay period will be reduced by an amount computed in
accordance with the General Appropriations Act and equitable
rules adopted by the comptroller.
(d) An agency that may contract with its employees for
employment for less than a 12-month period may make equal monthly
salary payments under the contract during the contract period or
during the fiscal year in accordance with the General
Appropriations Act and equitable rules adopted by the
comptroller.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 15, eff. Sept. 1,
1999.
SUBCHAPTER G. SUPPLEMENTAL DEDUCTIONS
Sec. 659.101. DEFINITION. In this subchapter, "state agency"
means a department, commission, board, office, or other agency of
any branch of state government, including an institution of
higher education as defined by Section 61.003, Education Code.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept.
1, 1995.
Sec. 659.102. DEDUCTION FOR SUPPLEMENTAL OPTIONAL BENEFITS
PROGRAM. (a) An employee of a state agency may authorize in
writing a deduction each pay period from the employee's salary or
wage payment for coverage of the employee under an eligible
supplemental optional benefits program. A deduction may be made
each pay period from the employee's salary or wage payment
without authorization in writing from the employee for
participation in a 401(k) plan as provided by Section 609.5025.
(b) The Employees Retirement System of Texas shall designate
supplemental optional benefits programs that are eligible under
this section and that promote the interests of the state and
state agency employees.
(c) The supplemental optional benefits program may include
permanent life insurance, catastrophic illness insurance,
disability insurance, prepaid legal services, or a qualified
transportation benefit.
(d) A qualified transportation benefit is a transportation
benefit meeting the requirements of Section 132(f), Internal
Revenue Code of 1986. The Employees Retirement System of Texas
shall determine a fee or charge that may be paid as a qualified
transportation benefit.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept.
1, 1995. Amended by Acts 2003, 78th Leg., ch. 1111, Sec. 9, eff.
Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1310, Sec. 31, eff. June
20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1409, Sec. 3, eff. June 15, 2007.
Sec. 659.103. DEDUCTION TO CREDIT UNION. (a) An employee of a
state agency may authorize in writing a deduction each pay period
from the employee's salary or wage payment for payment to a
credit union to be credited to a share or deposit account of the
employee.
(b) A designation by the Employees Retirement System of Texas is
not necessary for a deduction under this section.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept.
1, 1995.
Sec. 659.1031. DEDUCTION OF MEMBERSHIP FEES FOR ELIGIBLE STATE
EMPLOYEE ORGANIZATIONS. (a) An employee of a state agency may
authorize in writing a deduction each pay period from the
employee's salary or wage payment for payment to an eligible
state employee organization of a membership fee in the
organization.
(b) In this section, "eligible state employee organization"
means a state employee organization with a membership of at least
2,000 active or retired state employees who hold or who have held
certification from the Commission on Law Enforcement Officer
Standards and Education.
Added by Acts 2003, 78th Leg., ch. 1310, Sec. 32, eff. June 20,
2003.
Sec. 659.104. AUTHORIZATION. (a) An authorization for a
deduction under this subchapter must direct the comptroller or,
if applicable, the appropriate financial officer of an
institution of higher education to transfer the withheld funds to
the program, eligible state employee organization, or credit
union designated by the employee.
(b) The comptroller or financial officer shall comply with the
direction.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept.
1, 1995. Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 33, eff.
June 20, 2003.
Sec. 659.105. FORM AND MANNER. A deduction under this
subchapter must be made in a form and manner prescribed by the
comptroller or the appropriate financial officer of an
institution of higher education.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept.
1, 1995.
Sec. 659.106. DURATION. (a) An employee authorizing a
deduction under this subchapter or a person designated by the
employee may change or revoke the authorization by delivering
written notice of the change or revocation to the comptroller or
the appropriate financial officer of an institution of higher
education.
(b) An authorization is effective until the comptroller or
financial officer receives the notice.
(c) The notice must be given in the form and manner prescribed
by the comptroller or financial officer.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept.
1, 1995.
Sec. 659.107. AUTHORIZATION VOLUNTARY. The making of an
authorization for a deduction under this subchapter by the
employee is voluntary.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept.
1, 1995.
Sec. 659.108. WITHHOLDING OF ADMINISTRATIVE FEE. (a) The state
may withhold from the employee's salary or wage payment an
administrative fee for making a deduction under this subchapter.
(b) An institution of higher education that is authorized to
operate a payroll system reimbursable from the state treasury may
withhold from the employee's salary or wage payment an
administrative fee for making the deduction under this
subchapter.
(c) The administrative fee may not exceed the lower of the
actual administrative cost of making the deduction or the highest
fee charged by the state or institution, as appropriate, for
making another similar deduction.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept.
1, 1995.
Sec. 659.109. ALLOCATION OF ADMINISTRATIVE FEES. The state
shall allocate and pay to each state agency that incurs costs in
administering this subchapter the agency's proportional amount of
the administrative fees collected by the state under this
subchapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept.
1, 1995. Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 40, eff.
June 19, 1997.
Sec. 659.110. RULES. The comptroller may establish procedures
and adopt rules to administer the credit union and the eligible
state employee organization membership fee deduction programs
authorized by this subchapter.
Added by Acts 1997, 75th Leg., ch. 1035, Sec. 16, eff. June 19,
1997. Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 34, eff.
June 20, 2003.
SUBCHAPTER H. BENEFIT REPLACEMENT PAY
Sec. 659.121. DEFINITIONS. In this subchapter:
(1) "Compensation" means, except as provided by Section 659.124,
salary or wages subject to tax under the Federal Insurance
Contributions Act.
(2) "Eligible state employee" means an individual who was on
August 31, 1995:
(A) employed by a state agency and eligible for state payment of
the employee tax under Section 606.064 as that section existed on
that date;
(B) using unpaid leave from a position with a state agency, if
the individual would have been eligible for state payment of the
employee tax under Section 606.064 as that section existed on
that date had the individual not been using unpaid leave from the
position; or
(C) not working for a state agency if:
(i) the individual was not working on that date solely because
the individual's employment with the agency customarily does not
include the summer months;
(ii) the individual had contracted with the agency not later
than that date for the individual to resume working for the
agency not later than September 2, 1995; and
(iii) the position held by the individual on September 2, 1995,
would have made the individual eligible for state payment of the
employee tax under Section 606.064 as that section existed on
August 31, 1995, if the employee had held the position on that
date.
(3) "Eligible state-paid judge" means an individual who on
August 31, 1995:
(A) held office; and
(B) was eligible for state payment of the employee tax under
Section 606.065 as that section existed on that date.
(4) "Employee tax" means the tax that state employees and
state-paid judges pay under the Federal Insurance Contributions
Act.
(5) "Retirement contribution" means a mandatory contribution by
an eligible state employee or eligible state-paid judge to a
retirement system.
(6) "Retirement system" means the Teacher Retirement System of
Texas, the Employees Retirement System of Texas, the optional
retirement program governed by Chapter 830, the Judicial
Retirement System of Texas Plan One, or the Judicial Retirement
System of Texas Plan Two.
(7) "State agency" has the meaning assigned by Section 606.061.
Added by Acts 1995, 74th Leg., ch. 417, Sec. 3, eff. Sept. 1,
1995.
Sec. 659.122. INCLUSION OF BENEFIT REPLACEMENT PAY. The salary
or wages paid after December 31, 1995, to an eligible state
employee or an eligible state-paid judge includes benefit
replacement pay in the amount provided by Section 659.123.
Added by Acts 1995, 74th Leg., ch. 417, Sec. 3, eff. Sept. 1,
1995.
Sec. 659.123. AMOUNT OF BENEFIT REPLACEMENT PAY. (a) Except as
provided by Section 659.124, the benefit replacement pay of an
eligible state employee or an eligible state-paid judge for a pay
period is equal to the sum of:
(1) 5.85 percent of the compensation earned by the employee or
judge during the pay period, subject to the limit provided by
Subsection (b); and
(2) an additional amount equal to the retirement contribution
paid by the employee or judge because of the benefit replacement
pay provided by this subsection.
(b) The amount paid to an eligible state employee or an eligible
state-paid judge under Subsection (a)(1) may not exceed $965.25
each calendar year.
Added by Acts 1995, 74th Leg., ch. 417, Sec. 3, eff. Sept. 1,
1995.
Sec. 659.124. AMOUNT OF BENEFIT REPLACEMENT PAY FOR HIGHER
EDUCATION EMPLOYEES. (a) For a state employee employed by an
institution of higher education, the benefit replacement pay is
an increase in compensation equal to the sum of:
(1) 5.85 percent of the employee's compensation as of October
31, 1995, subject to the limit provided by Subsection (b); and
(2) an additional amount equal to the retirement contribution
paid by the employee because of the benefit replacement pay
provided by this subsection.
(b) The amount paid to an eligible state employee of an
institution of higher education under Subsection (a)(1) may not
exceed $965.25.
(c) In this section, "compensation" means annualized base salary
or wages, including longevity and hazardous duty pay.
Added by Acts 1995, 74th Leg., ch. 417, Sec. 3, eff. Sept. 1,
1995.
Sec. 659.125. PAYING B