Case Information
The Attorney General of Texas SeIltember 19, 1986 JIM MATTOX
Attorney General Supreme Austin, Telex [51214752501] Telecopier P. 0. BOX 12546 9101674-1367 TX. 76711. Court Building 5121475.0266 [2546] Texas State Senate Committee on Jurisprudence P. 0. Box 12068 Honorable Oscar H. Mauzy Chairman Austin, Texas 78711 of Corrections may require com- Opinion No. ~~-548 lb?: Whether the Texas Department pletion of one year of service before awarding hazardous duty pay 714 Jackson. Suite 700 Dear Senator Mauzy: Oatlas, TX. 75202.4506 2141742.6944
You have asked our opinion in regard to the validity of the Texas 4624 Alberta 9151533-3464 El Paso, TX. 79905.2793 Ave., Suite [160] 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 /1401 Texas, Suite 700 the Department of Public Safety, all commissioned rston, TX. 77002-3111 law enforcement personnel of the State Purchasing I 031223.5666 and General Services Commission, all commissioned
security officers of the State Treasury, all com- missioned law enforcement personnel of the Texas 606 Broadway, Suite 312 Lubbock, TX. 79401.3479 Alcoholic :Beverage Commission, all law enforcement 6061747-5236 officers .commissioned by the Texas Parks and
Wildlife commission, all commissioned peace officers of state institutions of hieher educa- 4309 N. Tenth, Suite B tion, antl all law enforcement personnel commis- McAllen, TX. 76501-1665 612,662.4547 -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 200 Main Plaza, Suite 400 inmates cf any penal or correctional institution San Antonio, TX. 76205.2797 or with administratively released Drisoners 512/225-4191 An Equal Opportunity/ Affirmative Action Employer
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 Appropria- ,---- tions Act for the biennium beginning September 1, 1983, provides:
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.
The TDC is an admixtstrative agency of the state and is authorized to promulgate riles and regulations which are not incon- sistent 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
Honorable Oscar H. Mauzy - Iage 4 (JM-548)
RICK GILPIN
Chairman, Opinion Committee
Prepared by Tony Guillory
Assistant Attorney General