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 (hereinafter, Agency), under the authority of the Texas Government Code, §508.001, Chapter 659, Subchapter D, §§659.062, 811.001, 813.506, and 815.505; and the General Appropriations Act. In accordance with these provisions and in keeping with the responsibilities of the Board, this rule relating to custodial officer certification and hazardous duty pay applies effective August 13, 2004.

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--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--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, 5, 6, 7 or 9 position in accordance with the provisions of this Board Rule.
   3. (3) Direct Offender Contact--Contact 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, an inmate confined in the TDCJ institutions or an inmate or defendant confined in the TDCJ state jails.
   5. (5) Releasee--A person released on parole or to mandatory supervision.
   6. (6) Routine Direct Offender Contact--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 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 are all positions assigned to a unit, other than Hazardous Duty Code 1 positions, that have job duties requiring routine direct offender contact. Examples include, but are not limited to, the following: Agriculture Specialist, Maintenance Supervisors, Food Service Managers, Laundry Managers, Commissary Managers, and Classification Case Managers;
      3. (C) Hazardous Duty Code 3 Positions. These positions are assigned to administrative offices and have job duties requiring routine direct offender contact at least 50 percent of the time. Examples of such positions include, but are not limited to, the following: Investigators, Compliance Monitors, Accountants routinely required to audit unit operations, Sociologists, Interviewers, and Classification Officers. 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 are administrative positions that routinely respond to emergency situations involving offenders. Examples include: the Executive Director, Deputy Director, Correctional Institutions Division Director, other Division Directors, some Managers (salary group B14 and above), and not more than 25 Administrative Duty Officers. Requests for positions to be included in this category must be approved by the Deputy Executive Director;

      5. (E) Hazardous Duty Code 5 Positions. These positions are filled by employees whose custodial officer certification is "grandfathered" based on the following criteria in accordance with SB 993, 69th Legislature:

         1. (i) The employees were in positions authorized custodial officer certification and hazardous duty pay on August 31, 1985;
         2. (ii) The employees have not changed positions since August 31, 1985; and
         3. (iii) The positions do not meet other current hazardous duty pay criteria.

      6. (F) Hazardous Duty Code 6 Position. 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 SB 993, 69th Legislature:

         1. (i) On August 31, 1995, the employees were assigned to administrative offices and had job duties requiring routine direct offender contact at least 50 percent of the time; and
         2. (ii) The employees continue to have some routine direct offender contact although it is less than 50 percent routine direct offender contact.
      7. (G) Hazardous Duty Code 7 Positions. These positions are Parole Officers, Parole Caseworkers, and other employees of the Parole Division or the Board of Pardons and Paroles whose majority of assigned duties include the 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, or who directly supervise or are in a direct line of supervision over these employees.

      8. (H) Hazardous Duty Code 9 Positions. Employees in such positions and 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 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 paragraph (1) of this subsection, 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 include employees and officials of the Parole Division or the Board of Pardons and Paroles who do not meet the criteria for Hazardous Duty Code 7, but have routine direct contact with offenders of any penal or correctional institution or with releasees. Examples of such positions include, but are not limited to, the following: Clerks, Administrative Technicians, 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 service and financing of benefits under §813.506 of the 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.