Legislatively Mandated Transfer
Employees may be transferred from one state agency to another as a direct result of:
- The Legislature’s transfer of legal authority or duties between state agencies, or
- A requirement of the State Council on Competitive Government (CCG).
Because a transfer is mandated by the Legislature, the employees have no choice in the action. The end result should be that the employee is not affected by the transfer, as it relates to salary actions or benefits.
As the Legislature modifies the legal authority of a state agency, transfers duties from one agency to another or merges state agencies, the legislation addresses each aspect of the change, including what is to happen to the personnel.
Employees subject to a legislative transfer will experience no break in service and thus have no loss of state lifetime service credit or hazardous duty service time. There is also no impact on an employee’s merit eligibility.
Accrued vacation and sick leave balances remain unaffected by the move. In addition, the law provides for the transfer of accrued compensatory leave balances from the agency that formerly employed the employee to the agency that currently employs the employee. This applies to either a legislative transfer or one due to CCG action, unless the transferring state employee is required to apply for the new position.
In those unusual situations in which the CCG requires the transfer of certain duties to a private service provider, the contract will govern any benefit details if state employees leave state employment to become employed by the private sector service provider.
Texas Government Code Annotated, Section 662.0071 (Vernon 2012).