Sec. 661.032.  APPLICABILITY OF SUBCHAPTER.  (a)  This subchapter applies only to a state employee who, at any time during the employee's lifetime, has accrued six months of continuous state employment.  State employment is continuous while the employee is entitled to be paid a regular salary, except that the continuity of state employment is not interrupted while the employee is on a leave of absence without pay for less than one calendar month.
(b)  The estates of the following are not entitled to payments under this subchapter:
(1)  an individual employed on a piecework basis;
(2)  an individual who holds an office that is normally filled by vote of the people;
(3)  an independent contractor or an employee of an independent contractor;
(4)  an operator of equipment or a driver of a team whose wages are included in the rental paid by a state agency to the owner of the equipment or team;  or
(5)  an individual covered by:
(A)  the Judicial Retirement System of Texas Plan One;
(B)  the Judicial Retirement System of Texas Plan Two;  or
(C)  the Teacher Retirement System of Texas, other than an individual described by Section 661.031(2)(C) or (D).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.18, eff. Sept. 1, 1995.