. 

JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. BOX 12546 

Austin, TX. 76711. 2546 

51214752501 

Telex 9101674-1367 

Telecopier 5121475.0266 

714 Jackson. Suite 700 

Oatlas, TX. 75202.4506 

2141742.6944 

4624 Alberta Ave., Suite 160 

El Paso, TX. 79905.2793 

9151533-3464 

/1401 Texas, Suite 700 

rston, TX. 77002-3111 

I 031223.5666 

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Lubbock, TX. 79401.3479 

6061747-5236 

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McAllen, TX. 76501-1665 

612,662.4547 

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San Antonio, TX. 76205.2797 

512/225-4191 

An Equal Opportunity/ 

Affirmative Action Employer 

,---- 

The Attorney General of Texas 

SeIltember 19, 1986 

Honorable Oscar H. Mauzy 

Chairman 

Committee on Jurisprudence 

Texas State Senate 

P. 0. Box 12068 

Austin, Texas 78711 

Dear Senator Mauzy: 

Opinion No. ~~-548 

lb?: Whether the Texas Department 

of Corrections may require completion of one year of service 

before awarding hazardous duty pay 

You have asked our opinion in regard to the validity of the Texas 

Department of Corrections' policy of requiring its employees to 

complete one year of employment before they may become eligible to 

receive hazardous duty pay. Article 6252-20b, V.T.C.S., provides: 

All commissioned law enforcement personnel of 

the Department of Public Safety, all commissioned 

law enforcement personnel of the State Purchasing 

and General Services Commission, all commissioned 

security officers of the State Treasury, all commissioned law enforcement personnel of the Texas 

Alcoholic :Beverage Commission, all law enforcement 

officers .commissioned by the Texas Parks and 

Wildlife commission, all commissioned peace 

officers of state institutions of hieher education, antl all law enforcement personnel commis- 

-sionedF-the Texas Department of Corrections, and 

all emplo@es or officials of the Board of Pardons 

and Paroles who have routine direct contact with 

inmates cf any penal or correctional institution 

or with administratively released Drisoners 

of existing hazardous duty or longevity pay. 

(Emphasis iadded). 

You have only asked {about the construction of this act from the period 

beginning September 1, 1983 to the present. The General Appropriations Act for the biennium beginning September 1, 1983, provides: 

p. 2426 
Honorable Oscar H. Mauzy - :?age 2 (JM-548) 

27. . . . tha! Department of ,Corrections is 

authorized to pay hazardous duty pay at a rate of 

Seven Dollars ($7.00) per month for each year of 

State service up to and including the 30th year 

for the following classifications: Warden II, 

Warden I, Assistant Warden, Major of Correctional 

Officers, Captain of Correctional Officers, 

Lieutenant of Ccxrectional Officers, Sergeant of 

Correctional OffJcers, Correctional Officer III, 

Correctional OffJ.cer II and Correctional Officer 

I. Employees in other classifications who work 

within the prisor, compound or whose work requires 

daily contact r.ith inmates may also receive 

hazardous duty pay; however, the total number of 

employees in other classifications eligible to 

receive hazardous; duty pay shall not exceed 500 

non-unit employe=s. A list of such employees 

shall be filed annually with the Governor's Office 

of Management and Budget and the Legislative 

Budget Board. (Emphasis added). 

Acts 1983, 68th Leg., ch. 1095, at 5794. The General Appropriations 

Act for the biennium beginning September 1, 1985, provides in part: 

The Department of Corrections is authorized to nav 

A. All persons t,lassified as Correctional Officer 

I through Warden. . . . (Emphasis added). 

Acts 1985, 69th Leg., ch. %O, at 7353. 

You have informed us that TDC policy states that, when a new 

correctional officer is eq?loyed, the new employee is classified as a 

Correctional Officer I for a one-month training period, and then as a 

Correctional Officer II for a six-month probationary period, and then 

as a Correctional Officer III. However, under the TDC hazardous duty 

policy, no correctional o!ificers are granted hazardous duty pay for 

the first five months of occupying these positions. The issue is, 

therefore, whether the phrase "for each year of state service" as used 

in article 6252-20b, and the Appropriations Act require that a 

correctional officer &ete one year of employment with TDC before 

the employee is entitled tohazardous duty pay. For the following 

reasons, we conclude that article 6252-20b, V.T.C.S., which authorizes 

TDC to require its employet?s to complete one year of employment before 

they may become eligible te) receive hazardous duty pay; is valid. 

p. 2427 
Honorable Oscar H. Mauzy - :?age 3 (JM-548) 

The TDC is an admixtstrative agency of the state and is 

authorized to promulgate riles and regulations which are not inconsistent with its enabling act and other state statutes. See V.T.C.S. 

art. 6166a et. seq. (enabling act); V.T.C.S. art. 6252xa, 93(l) 

(definition of state agency); Stanfield v. Texas Department of Public 

Safety, 422 S.W.2d 14 (TEx. Civ. App. - Dallas 1967, writ ref'd 

n.r.e.). Article 6252-2Ob, V.T.C.S., specifically authorizes TDC to 

award hazardous duty pay tl) "all law enforcement personnel" entitled 

to receive it. However, these law enforcement officials must also 

meet the required statutory time of service with the department. 

It is our opinion tha: the legislature's use of the words "for 

each year of state service" is unambiguous and its meaning is clear 

and obvious. Wall V. Wall, 172 S.W.2d 181 (Tex. Civ. App. - Amarillo 

1943, writ ref'd w.o.m.1. The legislature specified the minimum 

amount of time, one year, ::n which an employee must serve before the 

benefit may be awarded. Wz are not at liberty to enlarge or modify 

this time period. The enployee must have completed one year of 

service before he can be awsrded these benefits. 

Moreover, this office has consistently held that when the length 

of service is used to establish state employee benefit entitlements in 

state statutes and approgtriations acts, the specified amount of 

service means the completion of the period of time specified. See 

Attorney General Opinions IfiJ-282 (1980); H-341 (1974); M-984 (1971). 

Accordingly, TDC is authorkzed to require its employees to complete 

one year of employment beEore they may become eligible to receive 

hazardous duty pay. 

SUMMARY 

Article 6252-2X,, V.T.C.S., authorizes the Texas 

Department of Corrections to require its employees 

to complete one )'ear of employment before they may 

become eligible t3 receive hazardous duty pay. 

Very truly your , L-l-b . 

JIM MATTOX 

Attorney General of Texas 

JACK HIGHTOWER 

First Assistant Attorney General 

MARY KELLER 

Executive Assistant Attorney General 

p. 2428 
Honorable Oscar H. Mauzy - Iage 4 (JM-548) 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tony Guillory 

Assistant Attorney General 

p. 2429