reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 658 - Hours of Labor › Section 658.003. Voluntary Work Reduction Program

Sec. 658.003.  VOLUNTARY WORK REDUCTION PROGRAM.  (a)  To increase state efficiency while reducing the cost of state government, a state agency may create a work reduction program in which a full-time state employee of the agency agrees to accept reduced wages and benefits for a proportionate reduction in work hours.
(b)  Employee participation in a work reduction program created under this section is voluntary.
(c)  An employee who elects to participate in a work reduction program must agree to participate in the program for at least six calendar months.  The agreement must be in writing and signed by the employee.
(d)  A temporary or exempt employee is not eligible to participate in the program.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 658 - Hours of Labor › Section 658.004. Notice of Work Reduction Program

Sec. 658.004.  NOTICE OF WORK REDUCTION PROGRAM.  (a)  The chief administrator of a state agency that has created a work reduction program under Section 658.003 shall place notice of the program's availability in common areas of the agency.
(b)  The chief administrator of a state agency may not discuss, initiate discussion of, or orally inform an employee of the work reduction program unless the employee first approaches the chief administrator about the availability of the program.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 658 - Hours of Labor › Section 658.005. Regular Office Hours for State Employees

Sec. 658.005.  REGULAR OFFICE HOURS FOR STATE EMPLOYEES.  (a)  Normal office hours of a state agency are from 8 a.m. to 5 p.m., Monday through Friday.  These hours are the regular working hours for a full-time state employee.  The offices of a state agency shall remain open during the noon hour each working day with at least one person on duty to accept calls, receive visitors, or transact business.
(b)  If a chief administrator of a state agency considers it necessary or advisable, offices also may be kept open during other hours and on other days, and the time worked counts toward the 40 hours a week that are required under Section 658.002.
(c)  The chief administrator of a state agency may make exceptions to the minimum length of the workweek established by this chapter to take care of any emergency or public necessity that the chief administrator finds to exist.
(d)  This section does not apply to an employee paid by the hour.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 279, Sec. 6, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 658 - Hours of Labor › Section 658.006. Staggered Working Hours

Sec. 658.006.  STAGGERED WORKING HOURS.  Normal working hours for employees of a state agency may be staggered for traffic regulation or public safety.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1999, 76th Leg., ch. 279, Sec. 7, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 658 - Hours of Labor › Section 658.007. Working Hours for Employees of Institutions of Higher Education

Sec. 658.007.  WORKING HOURS FOR EMPLOYEES OF INSTITUTIONS OF HIGHER EDUCATION.  (a)  The governing board of an institution of higher education or a university system, as those terms are defined in Section 61.003, Education Code, may make exceptions to the minimum length of the workweek and the maximum length of a workday established by this chapter to achieve and maintain operational efficiency at the institution of higher education, university system, or an office, department, or division of either.
(b)  A full-time salaried employee may not be authorized under this section to work less than 40 hours in a calendar week.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 658 - Hours of Labor › Section 658.008. Members of National Guard or Reserve

Sec. 658.008.  MEMBERS OF NATIONAL GUARD OR RESERVE.  To facilitate participation in military duties by state employees, each state agency shall adjust the work schedule of any employee who is a member of the Texas National Guard or the United States Armed Forces Reserve so that two of the employee's days off work each month coincide with two days of military duty to be performed by the employee.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 658 - Hours of Labor › Section 658.009. Part-Time Employment

Sec. 658.009.  PART-TIME EMPLOYMENT.  A state agency may fill a regular full-time position with one or more part-time employees:
(1)  without regard to whether the position is subject to or exempt from the state's position classification plan;  and
(2)  subject to Section 659.019.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 658 - Hours of Labor › Section 658.010. Place Where Work Performed

Sec. 658.010.  PLACE WHERE WORK PERFORMED.  (a)  An employee of a state agency shall, during normal office hours, conduct agency business only at the employee's regular or assigned temporary place of employment unless the employee:
(1)  is travelling;  or
(2)  received prior written authorization from the administrative head of the employing state agency to perform work elsewhere.
(b)  The employee's personal residence may not be considered the employee's regular or assigned temporary place of employment without prior written authorization from the administrative head of the employing state agency.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 8, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter A. General Provisions › Section 659.001. Equal Work, Equal Pay

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter A. General Provisions › Section 659.002. Deductions

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter A. General Provisions › Section 659.003. Officer May Decline Remuneration

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter A. General Provisions › Section 659.004. Payroll and Personnel Reporting

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter A. General Provisions › Section 659.005. Witness Fees; Jury Service

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter A. General Provisions › Section 659.006. Adjustment for Inaccurate Payment

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter B. Salary Amounts; Overtime and Compensatory Time › Section 659.011. Salaries Set in Appropriations Act

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter B. Salary Amounts; Overtime and Compensatory Time › Section 659.0125. Salary for District Judge or Retired Judge Presiding Over Multidistrict Litigation

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 from the state.  For purposes of this subsection, the compensation to which a district judge is entitled from the state is the amount equal to the state base salary paid to a district judge as set by the General Appropriations Act in accordance with Section 659.012(a).
(d)  A former or retired judge or justice assigned under Chapter 74 or 75 to a matter referred 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 former or retired judge or justice assigned under Chapter 74 is entitled under Section 74.061.
Added by Acts 2007, 80th Leg., R.S., Ch. 393 (S.B. 749), Sec. 3, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1241 (S.B. 2298), Sec. 2, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1241 (S.B. 2298), Sec. 3, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1353 (S.B. 497), Sec. 2, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 18, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter B. Salary Amounts; Overtime and Compensatory Time › Section 659.013. Statutory Salaries Suspended

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter B. Salary Amounts; Overtime and Compensatory Time › Section 659.014. Suspended Laws Continued in Effect

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter B. Salary Amounts; Overtime and Compensatory Time › Section 659.0155. Payment to Employees of Texas Department of Criminal Justice for Overtime

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 (S.B. 909), Sec. 43, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter B. Salary Amounts; Overtime and Compensatory Time › Section 659.017. Overtime Compensation for Legislative Employees

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter B. Salary Amounts; Overtime and Compensatory Time › Section 659.018. Compensatory Time: Place Where Work Performed

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 (S.B. 2298), Sec. 6, eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter B. Salary Amounts; Overtime and Compensatory Time › Section 659.019. Part-Time and Hourly Employment

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter B. Salary Amounts; Overtime and Compensatory Time › Section 659.020. Salary Supplementation

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter B. Salary Amounts; Overtime and Compensatory Time › Section 659.021. Administrative Head of Agency

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter B. Salary Amounts; Overtime and Compensatory Time › Section 659.022. Use of Compensatory Time Before Lapsing

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 accommodate 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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter B. Salary Amounts; Overtime and Compensatory Time › Section 659.023. Compensatory Time Policy

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter B. Salary Amounts; Overtime and Compensatory Time › Section 659.024. Compensatory Time for Persons Governing State Agencies

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter B. Salary Amounts; Overtime and Compensatory Time › Section 659.025. Use of Compensatory Time by Certain Emergency Services Personnel; Optional Overtime Payment

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 (S.B. 1474), Sec. 1, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 4.01, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter C. Per Diem › Section 659.031. Definition

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter C. Per Diem › Section 659.032. Per Diem Entitlement

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter C. Per Diem › Section 659.033. Statutory per Diem Suspended

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter D. Longevity Pay › Section 659.041. Definitions

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter D. Longevity Pay › Section 659.0411. Appointments at State Institutions of Higher Education

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter D. Longevity Pay › Section 659.042. Exclusions

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 (S.B. 1863), Sec. 13.01, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1328 (S.B. 1519), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter D. Longevity Pay › Section 659.043. Entitlement

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 (S.B. 1863), Sec. 13.02, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter D. Longevity Pay › Section 659.044. Amount

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 Juvenile Justice Department who is receiving less than the maximum amount of 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 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 department 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 (S.B. 1863), Sec. 13.03, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1328 (S.B. 1519), Sec. 2, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 103, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter D. Longevity Pay › Section 659.0445. Longevity Pay for State Judges and Justices

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 0.05 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 12 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 (S.B. 1519), Sec. 3, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1353 (S.B. 497), Sec. 3, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1353 (S.B. 497), Sec. 4, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 19, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter D. Longevity Pay › Section 659.045. Change in Status

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter D. Longevity Pay › Section 659.046. Accrual of Lifetime Service Credit

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 Juvenile Justice Department 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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 104, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter D. Longevity Pay › Section 659.047. Comptroller Rules

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter E. Additional Compensation and Expenses › Section 659.061. Expenses of Employees Injured or Killed While on Duty

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter F. Method and Frequency of Payment › Section 659.081. Payment Once a Month

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.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter F. Method and Frequency of Payment › Section 659.082. Payment Twice a Month

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.