Texas Register, Volume 38, Number 28, Pages 4445-4554, July 12, 2013 Page: 4,503
4445-4554 p. ; 28 cm.View a full description of this periodical.
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(4) Move is a change in position that may consist of a lat-
eral transfer, promotion, voluntary demotion, or involuntary demotion.
(5) [(4)] ["]Offender, ["] for the purpose of custodial offi-
cer certification and hazardous duty pay, is an individual confined in a
TDCJ institution.
(6) [(-5)] ["]Releasee["] is an individual who has been re-
leased on parole or to mandatory supervision.
(7) [(6)] ["]Routine Direct Offender Contact["] is direct of-
fender contact that is regularly planned or scheduled while conducting
TDCJ [Agency] business. Routine direct offender contact does not in-
clude travel time, unless the employee is responsible for the transporta-
tion and custody of offenders[, and it does not include casual contact].
(c) Procedures.
(1) Custodial Officer Certification. Employees in the fol-
lowing positions are eligible for custodial officer certification:
(A) Hazardous Duty Code 1 Positions. These positions
are classified as correctional officer [Correctional Officer] I through
warden [Warden] II.
(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, classification case managers, and com-
missary managers. [Agriculture Specialists, Maintenance Supervisors,
Pooda S aice Ma.g... L aundry Managers and Commissary Man-
agers.]
(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. Ex-
amples of such positions include, but are not limited to: investigators,
compliance monitors, and accountants [Investigators Complianee
Monitors, Accountants] routinely required to audit unit operations[,
Soioo ists nterviewers and Classification Officers].
(i) A request to include a position in this category
shall be submitted to the deputy executive director [Deputy Executive
Director] for approval.
(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.
(D) Hazardous Duty Code 4 Positions. These positions
include administrative positions that routinely respond to emergency
situations involving offenders. Examples include, but are not lim-
ited to: the executive director, deputy executive director, [Executive
Director, Deputy Directors,] Correctional Institutions Division (CID)
director, [Diretor,] other division directors, [Division Directors] and
any other positions as deemed necessary and prudent by the deputy
executive director [not more than 25 administrative duty officers]. A
request to include a position in this category shall be submitted to the
deputy executive director [Deputy Executive Director] for approval.
(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 certifications are [cerification is
"]grandfathered["] based on the following criteria in accordance with
Senate Bill [{SB)] 1231, 74th Legislature:(i) On August 31, 1995, the employees were as-
signed to a Hazardous Duty Code 3 position; and
(ii) The employees continue to have some routine
direct offender contact although it is less than 50% [percent] routine
direct offender contact.
(F) Hazardous Duty Code 7 Positions. These positions
include:
(i) Parole officers [Officers]; and
(ii) Other positions within the Parole Division or as-
signed to the Board of Pardons and Paroles which have a majority of as-
signed 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.
(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 po-
sitions are filled by employees whose custodial officer certifications are
[certiication is "]grandfathered.["] Employees' custodial officer certi-
fications shall remain grandfathered as long as the employees remain
in Hazardous Duty Code 9 positions. When the employees move from
Hazardous Duty Code 9 positions, the positions shall be automatically
converted to longevity pay. Employees' grandfathered custodial officer
certifications are based on the following criteria:
(i) On August 31, 1995, the employees were as-
signed to a position authorized for custodial officer certification and
hazardous duty pay; and
(ii) The employees have been designated as mem-
bers of an Emergency Response Team that may respond to emergency
situations involving offenders.
(2) Hazardous Duty Pay Authorized Positions. In addition
to the employees described in subsection (c)(1) of this section, [ule-,]
employees in the following positions may receive hazardous duty pay:
(A) Employees in positions authorized for custodial of-
ficer certification;
(B) Employees in Hazardous Duty Code 8 Positions.
[positions.] These positions are assigned to the Parole Division or the
Board of Pardons and Paroles and do not meet the criteria for Haz-
ardous Duty Code 7. Employees in these positions have routine direct
contact with offenders of a penal or correctional institution or with ad-
ministratively released offenders subject to the jurisdiction or [andeor
the] supervision of the Parole Division. Examples of such positions
include, but are not limited to: clerks, administrative assistants, and
laboratory technicians[, Clerks Administrative Assistants and Labora-
tory Technicians] assigned to Parole field offices [Field Offices].
(3) Each month, the TDCJ [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 Texas Government Code
813.506[ Texas Government Code].
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on June 25, 2013.
TRD-201302695PROPOSED RULES July 12, 2013 38 TexReg 4503
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Texas. Secretary of State. Texas Register, Volume 38, Number 28, Pages 4445-4554, July 12, 2013, periodical, July 12, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth326802/m1/59/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.