(a) Purpose. The purpose of this rule is to establish eligibility criteria for authorizing custodial officer certification and hazardous duty pay to employees of the Texas Department of Criminal Justice (TDCJ) under the authority of Texas Government Code §§508.001, 615.006, 811.001, 813.506, and 815.505; and the General Appropriations Act.
(b) Definitions. The following words and terms, when used in this rule, shall have the following meanings unless the context clearly indicates otherwise:
  (1) Custodial Officer Certification is service certification to the Employees Retirement System of Texas (ERS) for employees the TDCJ has determined are eligible for custodial officer service credit, which provides an additional retirement incentive when such employees have 20 or more years of service credit.
  (2) Custodial Officer Service Credit is credit in the ERS for service performed by employees in a position that has been classified as a Hazardous Duty Code 1, 2, 3, 4, 6, 7, or 9 in accordance with this rule.
  (3) Direct Offender Contact is interacting with, and in the close proximity to, offenders without the protection of bars, doors, security screens, or similar devices while performing job duties. Such contact normally involves supervision or the potential for supervision of offenders in offender housing areas, educational or recreational facilities, industrial shops, kitchens, laundries, medical areas, maintenance departments, agricultural shops or fields, or in any other areas on or away from TDCJ property.
  (4) Move is a change in position that may consist of a lateral transfer, promotion, voluntary demotion, or involuntary demotion.
  (5) Offender, for the purpose of custodial officer certification and hazardous duty pay, is an individual confined in a TDCJ facility.
  (6) Releasee is an individual who has been released on parole or to mandatory supervision.
  (7) Routine Direct Offender Contact is regularly planned or scheduled direct offender contact while conducting TDCJ business. Routine direct offender contact does not include travel time, unless the employees are responsible for the transportation and custody of offenders.
(c) Procedures.
  (1) Custodial Officer Certification. Employees in one of the following positions are eligible for custodial officer certification:
    (A) Hazardous Duty Code 1. These positions are classified as correctional officer I through warden II.
    (B) Hazardous Duty Code 2. 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 include: agriculture specialists, maintenance supervisors, food service managers, laundry managers, classification case managers, and commissary managers.
    (C) Hazardous Duty Code 3. These positions are assigned to administrative employees whose job duties require routine direct offender contact at least 50% of the time. Examples include: investigators, compliance monitors, and accountants routinely required to audit unit operations.
      (i) A request to include a position in this category shall be submitted to the 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 to justify custodial officer certification.
    (D) Hazardous Duty Code 4. These positions include administrative employees who routinely respond to emergency situations involving offenders. Examples include: the executive director, deputy executive director, Correctional Institutions Division director and any other positions approved by the deputy executive director.
    (E) Hazardous Duty Code 6. These positions are filled by employees whose custodial officer certifications are grandfathered. When employees move from Hazardous Duty Code 6 positions, the positions will be automatically converted to longevity pay. Grandfathered custodial officer certifications are based on the following criteria:
      (i) On August 31, 1995, the employees were assigned to Hazardous Duty Code 3 positions; and
      (ii) The employees continue to have some routine direct offender contact although it is less than 50% routine direct offender contact.
      (iii) Employees in such positions and supervisors of such employees shall complete and submit a Hazardous Duty Log in accordance with TDCJ procedures to justify custodial officer certification.
    (F) Hazardous Duty Code 7. These positions include:
      (i) Parole officers; and
      (ii) Other positions within the Parole Division or assigned to the Board of Pardons and Paroles which have a majority of assigned duties that include assessment of risks and needs, investigation, case management, and supervision of releasees to ensure that releasees comply with the conditions of parole or mandatory supervision. Positions also include those who directly supervise or are in a direct line of supervision over these employees.
    (G) Hazardous Duty Code 9. These positions are filled by employees whose custodial officer certifications are grandfathered. Custodial officer certifications 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. Grandfathered custodial officer certifications are based on the following criteria:
      (i) On August 31, 1995, the employees were assigned to positions authorized for custodial officer certification and hazardous duty pay; and
      (ii) The employees have been designated as members of an Emergency Response Team that may respond to emergency situations involving offenders.
      (iii) Employees in such positions and the supervisors of such employees shall complete and submit an Emergency Response Log in accordance with TDCJ procedures to justify custodial officer certification.
  (2) Hazardous Duty Pay Authorized Positions. In addition to the employees described in subsection (c)(1) of this rule, employees in the following positions may receive hazardous duty pay:
    (A) Employees in positions authorized for custodial officer certification;
    (B) Employees in Hazardous Duty Code 8. These positions are assigned to the Parole Division or the Board of Pardons and Paroles and do not meet the criteria for Hazardous Duty Code 7. Employees in these positions have routine direct contact with offenders in a penal or correctional facility or with administratively released offenders subject to the jurisdiction or supervision of the Parole Division. Examples include: clerks and administrative assistants assigned to parole field offices.
  (3) Each month, the TDCJ 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.

Source Note: The provisions of this §151.51 adopted to be effective April 8, 1996, 21 TexReg 2476; amended to be effective June 9, 1998, 23 TexReg 5989; amended to be effective December 12, 1999, 24 TexReg 10892; amended to be effective August 12, 2004, 29 TexReg 7737; amended to be effective November 16, 2006, 31 TexReg 9330; amended to be effective December 23, 2008, 33 TexReg 10331; amended to be effective October 31, 2013, 38 TexReg 7465; amended to be effective April 26, 2017, 42 TexReg 2267