1. (a) Purpose. The purpose of this section is to provide procedures regarding applications for and administration of multiple employments with the State of Texas by employees of the Texas Department of Criminal Justice (TDCJ).

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

   1. (1) Multiple Employments--Simultaneous paid employment for more than one (1) position with one (1) or more state agencies. Certain higher education institutions are considered state agencies for the purpose of multiple employments (i.e., state universities, community colleges).
   2. (2) Primary Employer--The TDCJ shall be considered the primary employer for all full-time employees.
   3. (3) Secondary Employer--For an employee whose primary employer is the TDCJ, the secondary employer is the other state agency to which the employee is applying or has received approval for multiple employment.

3. (c) Procedures.

   1. (1) Conditions. The following conditions must be met in order for multiple employments with the state to be approved:

      1. (A) A conflict of interest must not exist between the TDCJ office/position and the secondary employer;
      2. (B) The proposed multiple employment must not interfere with the performance of duties with the TDCJ; and
      3. (C) The proposed multiple employment must be of benefit to the TDCJ and to the State of Texas.

   2. (2) Limitations.

      1. (A) An employee may not hold more than one TDCJ position.
      2. (B) An employee may not work part-time or full-time for the TDCJ and full-time with another state agency.
      3. (C) An employee's work hours or cycle shall not be changed to accommodate additional employment unless there is a clear benefit to the TDCJ.
   3. (3) Application Procedures. The secondary employment shall not commence until it is approved by the Texas Board of Criminal Justice (Board). Approval shall be valid only while the employee remains in the TDCJ position held at the time the request was approved and in the approved position with the secondary employer. If an employee changes positions or work schedule within the TDCJ or with the secondary employer, a new request and Board approval shall be required. The TDCJ shall establish a procedure for requests to be submitted and processed.
   4. (4) Administration. Upon Board approval of multiple employments, the Payroll Department shall coordinate with the additional state agency payroll department to ensure that there is an official record of Board approval and of the compensation to be received by the employee, including salary, bonus, per diem, or other types of compensation, and compliance with provisions of applicable state law.

Source Note:The provisions of this §151.53 adopted to be effective June 13, 1999, 24 TexReg 4251; amended to be effective June 14, 2001, 26 TexReg 4214; amended to be effective December 23, 2004, 29 TexReg 11747.