The Texas Department of Criminal Justice proposes new §151.53 concerning multiple employment with the state. The purpose of the new section is to provide procedures regarding applications for and administration of multiple employment with the State of Texas by employees of the Texas Department of Criminal Justice (TDCJ).

David P. McNutt, Director of Financial Services for the Texas Department of Criminal Justice has determined that for each year of the first five year period the new section will be in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the new section as proposed.

Mr. McNutt also has determined that for each year of the first five year period the new section is in effect, the public benefit anticipated as a result of enforcing the new section will be clear and complete guidelines for TDCJ employees in the application and administration of multiple employment with the State of Texas. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the section as proposed.

Comments should be directed to Carl Reynolds, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas, 78711, carl.reynolds@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.

The new section is proposed under Texas Government Code, §492.013, which grants general rulemaking authority to the Board and the Texas Constitution, Article XVI, Section 40, and Texas Government Code, Chapter 574, which specifically authorizes this new section.

Cross Reference to Statute: Texas Constitution, Article XVI, Section 40, and Texas Government Code, Chapter 574.

§151.53.Multiple Employment with the State.

(a)

Purpose. The purpose of this section is to provide procedures regarding applications for and administration of multiple employment with the State of Texas by employees of the Texas Department of Criminal Justice (TDCJ).

(b)

Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1)

Multiple Employment--Simultaneous paid employment for more than one position with one or more State agencies.

(2)

Primary Employer--The TDCJ shall be considered the primary employer for all full-time employees.

(3)

Secondary Employer--For employees whose primary employer is the TDCJ, the secondary employer is the other State agency to which they are applying for or has received approval for multiple employment.

(c)

Procedures.

(1)

Qualifications. In order for multiple employment with the State to be approved, a conflict of interest must not exist between the office of or position with the primary employer and the secondary employer. The proposed multiple employment must be of benefit to the TDCJ and to the State of Texas. Multiple employment must not interfere with the performance of duties with the TDCJ. An employee's work hours or cycle shall not be changed to accommodate additional employment unless there is a clear benefit to the TDCJ.

(2)

Application Procedures. The secondary employment shall not commence until it is approved by the Texas Board of Criminal Justice (Board). Approval shall be valid only while the employee remains in the TDCJ position held at the time of the request was approved and in the approved position with the secondary employer. If an employee changes positions or work schedule within the TDCJ or with the secondary employer, a new request and Board approval shall be required. The TDCJ shall establish a procedure for requests to be submitted and processed.

(3)

Administration. Upon Board approval of multiple employment, the Payroll Department shall coordinate with the additional State agency payroll department to ensure that there is an official record of Board approval and of the compensation to be received by the employee, including salary, bonus, per diem, or other types of compensation, and compliance with the provisions of the current General Appropriations Act.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on March 22, 1999.

TRD-9901691

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: May 9, 1999

For further information, please call: (512) 463-9693