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Texas Payroll/Personnel Resource

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Agency-Specific Provisions
Hazardous Duty Pay

Background

Certain state employees perform hazardous duties and are eligible for hazardous duty pay.

Commissioned law enforcement officers or custodial officers are eligible for hazardous duty pay of $10 a month for each 12-month period of lifetime service credit.

Certain Texas Department of Criminal Justice (TDCJ) correctional officers earn $12 a month for each 12-month period of lifetime service credit. These employees can earn up to a maximum of $300 per month of hazardous duty pay.

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Eligible State Employees

Commissioned Peace Officers/Law Enforcement Officers from the following agencies are eligible:

  • Texas Department of Public Safety (DPS)
  • Texas Facilities Commission (TFC)
  • Texas Alcoholic Beverage Commission (TABC)
  • Texas Department of Criminal Justice (TDCJ)
  • Texas Parks and Wildlife Department (TPWD)
  • Office of the Attorney General (OAG)
  • Institutions of Higher Education

In addition:

  • Certain Texas Juvenile Justice Department (formerly Texas Youth Commission) employees
  • Other non-commissioned TDCJ employees
  • Commissioned security officers of the Texas Comptroller of Public Accounts
  • Board of Pharmacy employees who were in a hazardous duty position as of Aug. 31, 2005*
  • Certain grandfathered employees who received hazardous duty pay under any law in effect before May 29, 1987

*Board of Pharmacy employees are no longer eligible for hazardous duty pay. Only grandfathered Board of Pharmacy employees remain eligible.

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Other Eligibility Requirements

Eligible employees must:

  • Complete one year of service in a hazardous duty position.
  • On the first workday of the month, hold one of the positions or meet the eligibility requirements listed in the preceding “Eligible State Employees” section.

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Hazardous Duty and Longevity Pay

After May 29, 1987

Employees earning longevity pay who transfer to a hazardous duty position after May 29, 1987, will receive hazardous duty pay and longevity pay.

Eligible employees earn hazardous duty pay based on the number of years they work in hazardous duty positions. The employee continues to receive longevity pay based on the years worked in a non-hazardous duty position.

On or before May 29, 1987

Employees who earned hazardous duty pay based on total state service on or before May 29, 1987 are eligible to continue to receive hazardous duty pay based on that service if they are in a hazardous duty position after May 29, 1987. These employees are also eligible to earn longevity pay for any service accrued in a non-hazardous duty position after May 29, 1987.

For more information on the history of hazardous duty as it pertains to longevity pay, and grandfathered employees, see Texas Administrative Code, Title 34, Rule 5.39.

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Hazardous Duty Pay For Employees Transferring to Non-Hazardous Duty Positions

Eligible employees who work in a hazardous duty position that transfer to a non-hazardous duty position lose hazardous duty pay. However, these employees will earn longevity pay based upon the employee’s total state service. Total state service includes the employee’s time in a hazardous duty position.

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Hazardous Duty for Part-Time Employees

Eligible part-time employees are paid proportional hazardous duty pay. Part-time employees earn hazardous duty pay at a proportional rate based on the ratio of their scheduled work hours per week to forty hours.

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Definition

Lifetime service credit
Applicable only to an employee in a hazardous duty position, lifetime service credit is the sum of all periods of employment in a hazardous duty position during the employee’s state employment history. Periods of employment in a hazardous duty position at a community or junior college are included in lifetime service credit. Lifetime service credit is used in the calculation of the effective service date for hazardous duty pay.

Sources

Texas Government Code Annotated, Sections 659.301 – 308; Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter D, Rule 5.39.

Document Changes

Revision Date Revision Description
09/23/2015 Updated through the acts of the 84th Legislature, Regular Session

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