Tex.
Gov't Code Section 76.006
Employee Status and Benefits
(a)
Except as provided by Subsection (c), department employees are not state employees. The department shall contract for all employee benefits with one county served by the department and designated for that purpose by the judges described by Section 76.002 (Establishment of Departments). To the extent that employee benefits are provided by a county under this subsection, the employees are governed by personnel policies and benefits equal to personnel policies for and benefits of other employees of that county. This subsection does not apply to employee benefits for group insurance and related coverages provided to employees of a department through the group benefits program for state employees under Chapter 1551 (Texas Employees Group Benefits Act), Insurance Code.(b)
The judicial districts served by a department shall pay the salaries of department employees.(c)
Department employees are state employees for the purposes of Chapter 104 (State Liability for Conduct of Public Servants), Civil Practice and Remedies Code, and Chapter 501 (Workers’ Compensation Insurance Coverage for State Employees, Including Employees Under the Direction or Control of the Board of Regents of Texas Tech University), Labor Code. Notwithstanding Subsection (a), a department employee is eligible to participate in the group benefits program established under Chapter 1551 (Texas Employees Group Benefits Act), Insurance Code, as provided by Section 1551.114 (Participation by Community Supervision and Corrections Departments), Insurance Code.(d)
The attorney general has the duty to defend a department for suits for injunctive, declaratory, or monetary relief brought against it for any action not covered by an indemnification policy, except any action brought by the state or another political subdivision.(d-1)
If a person under the supervision of a department challenges the fact or duration of the supervision, the attorney general or the district or county attorney with jurisdiction over the offense for which the person is under supervision shall defend the department or its employees. The attorney general must defend the department or its employees in a case described by this subsection if the district or county attorney is unable to defend the department or its employees, as applicable. At the request of a district or county attorney, the attorney general may provide assistance to the district or county attorney in defending a department or its employees in cases described by this subsection.(e)
The department shall provide information requested by the attorney general that the attorney general considers necessary for the defense or prosecution of any case brought under this section.(f)
The department shall provide transportation or automobile allowances for officers who supervise defendants placed on community supervision.(g)
A document evaluating the performance of an officer of the department who supervises defendants placed on community supervision is confidential.(h)
If under Subsection (a) the judges described by Section 76.002 (Establishment of Departments) change the designation of the county providing employee benefits, the judges may not subsequently change that designation before the 10th anniversary of the date on which the previous designation was made.(i)
Repealed by Acts 2013, 83rd Leg., R.S., Ch. 618, Sec. 26(a)(1), eff. September 1, 2013.(j)
The attorney general shall defend a statutory county court judge in an action in state or federal court if:(1)
the cause of action is the result of the judge performing a duty described by Section 76.002 (Establishment of Departments) or 76.004 (Department Director; Fiscal Officer); and(2)
the judge requests the attorney general’s assistance in the defense.
Source:
Section 76.006 — Employee Status and Benefits, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.76.htm#76.006 (accessed Apr. 20, 2024).
