Texas State Auditor's Office - Texas Human Resources Management Statutes Inventory (2024)

This Chapter addresses:

• Ethics Policy
• Nepotism
• Physical Fitness Programs and Standards
• Political Influence
• Publicity
• Employment Restrictions for Former Officers or Employees
• Unacceptable Solicitations and Benefits
• Use of Alcoholic Beverages
• Use of State Property
• *New* Prohibition of the Use of Certain Social Media Applications and Services
• Additional Information

Jump to Chapter 1

Employment discrimination laws make it illegal for employers to treat employees and applicants adversely based on race, color, sex, religion, national origin, disability, age, or genetic information. This chapter summarizes some major federal and state laws that are applicable to state agencies and higher education institutions.

Jump to Chapter 2

This Chapter addresses:

• At-Will Employment
• Reference Checks
• Criminal History Checks
• Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII
• Employees Working Out of State
• Employment Preference for Former Foster Children
• Military Employment Preference
• Military Occupational Specialty Codes on Employment Openings
• Report on Transition from Military Service to Employment
• Identification Cards for Peace Officers
• Merit Selection Principles - Federal Laws or Regulations
• Multiple Employment with the State
• Posting Job Vacancies
• Probationary or Introductory Period
• Selective Service Registration
• Verification of Employment Eligibility
• Volunteer Programs
• Civilian Workforce Composition
• Workforce Analysis
• Recruitment Plans
• Additional Information

Jump to Chapter 3

The Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) are federal laws that establish workplace requirements that may apply to state agencies and higher education institutions.

• Fair Labor Standards Act (FLSA)
• Family and Medical Leave Act (FMLA)
• Additional Information

Jump to Chapter 4

State employees may be eligible for state compensatory time. State compensatory time is accrued on a “straight” time basis, or one hour for one hour worked.

State employees who must work on a designated national or state holiday will be allowed holiday compensatory time off during the 12-month period following the date of the holiday if the employee is entitled to a paid day off from working for a state agency on the holiday.

• State Compensatory Time
• Holiday Compensatory Time
• Authorizations for Payment of Holiday and State Compensatory Time
• Additional Information

Jump to Chapter 5

The Position Classification Plan, established by the Position Classification Act, requires most state agencies to comply with the salary schedules and compensation provisions of Article IX of the General Appropriations Act.

• Position Classification Plan Overview
• Classification Salary Schedules
• Classification Compliance Reviews and Audits
• Salary Studies
• Additional Information

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The State has a limited number of positions at state agencies that are exempt from the Position Classification Plan.

• Overview of Exempt Positions
• Salary Groups and Not-to-Exceed Rates for Exempt Positions
• Salary Supplements for Exempt Positions
• Provisions for Educational Institutions
• Salary Study on Exempt Positions
• Additional Information

Jump to Chapter 7

For salary administration purposes, there are two types of positions:

• Classified positions paid in accordance with the Classification Salary Schedules.
• Positions that are exempted from the Position Classification Plan by authority of the Legislature or the Governor. Salaries for these positions must be set in accordance with the General Appropriations Act.

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Various statutes and policies determine pay for employees in state agencies and higher education institutions. This chapter provides an overview of these statutes but does not cover individual state agency or higher education institution policies and procedures related to employee compensation.

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The Comptroller of Public Accounts, in consultation with the State Auditor, must adopt rules that prescribe uniform procedures for payroll and personnel reporting for all state agencies and that are designed to:

• Facilitate the auditing of payrolls.

• Facilitate a classification compliance audit for agencies covered by the State’s Position Classification Plan.

• Assure conformity with state statute and the General Appropriations Act.

• Provide the Legislative Audit Committee with current information on employment and wage rate practices in state government.

Jump to Chapter 10

The State Auditor’s Office is authorized to provide uniform interpretation of certain leave provisions in Texas Government Code, Chapter 661, and for reporting any exceptions made by individual agencies to the Office of the Governor and the Legislature. These interpretations are advisory in nature.

• Background on General Leave Provisions
• Employee Leave Policies
• Leave Records
• Leave Reporting
• Vacation Leave
• Sick Leave
• Extended Sick Leave
• Sick Leave Pool
• Family Leave Pool
• Donation of Sick Leave to Another Employee
• *New* Paid Parental Leave (Texas Government Code, Section 661.9125)
• Parental Leave (Texas Government Code, Section 661.913)
• Education Service Centers and Leave
• Leave Without Pay
• Payment of Accrued Leave of Deceased Employees
• Leave Policies and Provisions for Higher Education Institutions
• Additional Information

Jump to Chapter 11

In addition to the vacation and sick leave provisions, the State offers leave to employees for specific situations. This chapter covers various leave provisions that may be granted to state employees. Agencies and higher education institutions should review these provisions carefully to determine if employees are eligible to use these leave types.

Jump to Chapter 12

State agency employees are entitled to a paid day off from work on national, state, and optional holidays observed by the State.

Higher education institutions can establish their own holiday schedules, as long as the total number of holidays observed does not exceed the number of holidays observed by an employee of a state agency.

Jump to Chapter 13

Both state and federal law provide employment and reemployment rights to individuals who are called to military service. These laws provide job and income protection, as well as a means for employees to secure time off when called to military service.

Jump to Chapter 14

The State of Texas provides a comprehensive benefits program for employees in state agencies and higher education institutions. Health insurance for most employees is available through the Employees Retirement System. Exceptions include employees of The University of Texas and Texas A&M University systems, which provide their own insurance programs for employees.

Jump to Chapter 15

The State offers a defined benefit retirement plan as well as defined contribution retirement plans to employees. Employees are covered under a defined benefit plan (or traditional pension plan) through the Employees Retirement System (ERS), the Teacher Retirement System, or the Judicial Retirement System of Texas. Most state agency employees are covered through ERS.

Jump to Chapter 16

This Chapter addresses:

• Awards and Gifts
• Employee Health and Wellness Programs
• Child Care Expenses
• Memberships In and Dues for Professional Organizations
• Moving and Storage Expenses
• State-owned Housing
• Additional Information

Jump to Chapter 17

This Chapter addresses:

• Equal Employment Opportunity (EEO) Compliance Training
• Equal Employment Opportunity (EEO) Standards Training
• Coordinated Technology Training
• Cybersecurity Training
• Training and Education Programs
• Training Policy Requirements
• Contract Management and Purchasing Training
• Training in Contract Negotiation for Purchase of Information Resources Technologies
• Additional Information

Jump to Chapter 18

Unemployment insurance (UI) is an insurance program paid for by employers that provides benefits to qualified individuals (referred to as claimants within this chapter) who are unemployed through no fault of their own. This program provides temporary, partial income replacement to eligible individuals while they are seeking other employment. With few exceptions, state employees are covered by UI.

• Overview
• Filing an Initial Claim for Unemployment Benefits and Notice of Initial Claim
• Reimbursem*nts to the Unemployment Compensation Fund
• Coverage for State Employees Working Outside the State
• Additional Information

Jump to Chapter 19

Workers’ compensation is a form of insurance that provides income benefits, medical treatment, and other benefits to workers who are injured on the job or acquire an occupational disease on the job.

The Department of Insurance, Division of Workers’ Compensation oversees the State’s workers’ compensation program. The Office of Injured Employee Counsel was established by the Legislature to represent the interests of workers’ compensation claimants in Texas.

Jump to Chapter 20

This Chapter addresses:

• Employee Exit Surveys
• Human Resources Staffing
• Place of Work and Working Hours
• Workforce Planning
• Designated Information Security Officer
• Designated Data Management Officer
• Restrictions on State Agency Use of Certain Individual-Identifying Information
• Additional Information

Jump to Chapter 21

• Appendix 1 – Objective, Scope, and Methodology

Jump to Appendix 1

• Appendix 2 – State Agency Responsibilities

Jump to Appendix 2

• Appendix 3 – Entitlements for State Agency Employees

Jump to Appendix 3

• Appendix 4 – Entitlements for Employees of Higher Education Institutions

Jump to Appendix 4

• Appendix 5 – Pay Entitlements upon Separation from State Employment

Jump to Appendix 5

• Appendix 6 – Transfer and Rehire Leave Reinstatement Entitlements

Jump to Appendix 6