1. (a) Purpose. The purpose of this rule is to establish eligibility criteria for authorizing custodial officer certification and hazardous duty pay to employees of the Texas Department of Criminal Justice (TDCJ or Agency), under the authority of the Texas Government Code, §508.001, §615.006, Chapter 659, Subchapter L, §§811.001, 813.506 and 815.505; and the General Appropriations Act.

2. (b) Definitions. The following words and terms, when used in this rule, shall have the following meanings unless the context clearly indicates otherwise:

   1. (1) "Custodial Officer Certification" is service certification to the Employees Retirement System of Texas (ERS) for those employees whom the Agency has determined are eligible for custodial officer service credit, which provides an additional retirement incentive when such employees have 20 or more years of such service credit.
   2. (2) "Custodial Officer Service Credit" is credit in the ERS for service performed by an employee who is in a position that has been classified as a Hazardous Duty Code 1, 2, 3, 4, 6, 7 or 9 position in accordance with the provisions of this rule.
   3. (3) "Direct Offender Contact" is interacting with, and in the close proximity to, offenders without the protection of bars, doors, security screens or similar devices while performing job duties. Such contact normally involves supervision or the potential for supervision of offenders in offender housing areas, educational or recreational facilities, industrial shops, kitchens, laundries, medical areas, agricultural shops or fields or in any other areas on or away from Agency property.
   4. (4) "Offender," for the purpose of custodial officer certification and hazardous duty pay, is an individual confined in a TDCJ institution.
   5. (5) "Releasee" is an individual who has been released on parole or to mandatory supervision.
   6. (6) "Routine Direct Offender Contact" is direct offender contact that is regularly planned or scheduled while conducting Agency business. Routine direct offender contact does not include travel time, unless the employee is responsible for the transportation and custody of offenders, and it does not include casual contact.

3. (c) Procedures.

   1. (1) Custodial Officer Certification. Employees in the following positions are eligible for custodial officer certification:

      1. (A) Hazardous Duty Code 1 Positions. These positions are classified as Correctional Officer I through Warden II.
      2. (B) Hazardous Duty Code 2 Positions. These positions include all positions assigned to a unit, other than Hazardous Duty Code 1 positions, with job duties that require routine direct offender contact. Examples of such positions include, but are not limited to: Agriculture Specialists, Maintenance Supervisors, Food Service Managers, Laundry Managers and Commissary Managers.

      3. (C) Hazardous Duty Code 3 Positions. These positions are assigned to administrative employees whose job duties require routine direct offender contact at least 50 percent of the time. Examples of such positions include, but are not limited to: Investigators, Compliance Monitors, Accountants routinely required to audit unit operations, Sociologists, Interviewers and Classification Officers.

         1. (i) A request to include a position in this category shall be submitted to the Deputy Executive Director for approval.
         2. (ii) Employees in such positions and supervisors of such employees shall complete and submit a Hazardous Duty Log in accordance with TDCJ procedures in order to justify custodial officer certification.
      4. (D) Hazardous Duty Code 4 Positions. These positions include administrative positions that routinely respond to emergency situations involving offenders. Examples include, but are not limited to: the Executive Director, Deputy Directors, Correctional Institutions Division (CID) Director, other Division Directors and not more than 25 administrative duty officers. A request to include a position shall be submitted to the Deputy Executive Director for approval.

      5. (E) Hazardous Duty Code 6 Positions. Employees in such positions and supervisors of such employees shall complete and submit a Hazardous Duty Log in accordance with TDCJ procedures in order to justify custodial officer certification. These positions are filled by employees whose custodial officer certification is "grandfathered" based on the following criteria in accordance with Senate Bill (SB) 1231, 74th Legislature:

         1. (i) On August 31, 1995, the employees were assigned to a Hazardous Duty Code 3 position; and
         2. (ii) The employees continue to have some routine direct offender contact although it is less than 50 percent routine direct offender contact.

      6. (F) Hazardous Duty Code 7 Positions. These positions include:

         1. (i) Parole Officers; and
         2. (ii) Other positions within the Parole Division or assigned to the Board of Pardons and Paroles which have a majority of assigned duties that include assessment of risks and needs, investigation, case management and supervision of releasees to ensure that releasees are complying with the conditions of parole or mandatory supervision. It also includes those who directly supervise or are in a direct line of supervision over these employees.

      7. (G) Hazardous Duty Code 9 Positions. Employees in such positions and the supervisors of such employees shall complete and submit an Emergency Response Log in accordance with TDCJ procedures in order to justify custodial officer certification. These positions are filled by employees whose custodial officer certification is "grandfathered" based on the following criteria:

         1. (i) On August 31, 1995, the employees were assigned to a position authorized for custodial officer certification and hazardous duty pay; and
         2. (ii) The employees have been designated as members of an Emergency Response Team that may respond to emergency situations involving offenders.

   2. (2) Hazardous Duty Pay Authorized Positions. In addition to the employees described in subsection (c)(1) of this rule, employees in the following positions may receive hazardous duty pay:

      1. (A) Employees in positions authorized for custodial officer certification;
      2. (B) Employees in Hazardous Duty Code 8 positions. These positions are assigned to the Parole Division or the Board of Pardons and Paroles and do not meet the criteria for Hazardous Duty Code 7. Employees in these positions have routine direct contact with offenders of a penal or correctional institution or with administratively released offenders subject to the jurisdiction and/or the supervision of the Parole Division. Examples of such positions include, but are not limited to, Clerks, Administrative Assistants and Laboratory Technicians assigned to Parole Field Offices.
   3. (3) Each month, the Agency shall certify to the ERS the names of the employees and any other information determined and prescribed by the ERS as necessary for the crediting of custodial officer service and financing of benefits under §813.506, Texas Government Code.

Source Note:The provisions of this §151.51 adopted to be effective April 8, 1996, 21 TexReg 2476; amended to be effective June 9, 1998, 23 TexReg 5989; amended to be effective December 12, 1999, 24 TexReg 10892; amended to be effective August 12, 2004, 29 TexReg 7737; amended to be effective November 16, 2006, 31 TexReg 9330; amended to be effective December 23, 2008, 33 TexReg 10331.