This section sets who pays and manages employee benefits, and it requires the attorney general and the department to provide and defend in certain cases.
Sec. 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. 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, 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, Civil Practice and Remedies Code, and Chapter 501, Labor Code. Notwithstanding Subsection (a), a department employee is eligible to participate in the group benefits program established under Chapter 1551, Insurance Code, as provided by Section 1551.114, 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 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 or 76.004; and (2) the judge requests the attorney general's assistance in the defense. Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.11, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 987, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1240, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 19.01(29), eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 875, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 1030, Sec. 2.01, eff. Sept. 1, 2004. Amended by: Acts 2005, 79th Leg., Ch. 255 (H.B. 1326), Sec. 6, eff. May 30, 2005. Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 26(a)(1), eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 1051 (H.B. 1930), Sec. 3, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 126 (H.B. 1088), Sec. 1, eff. September 1, 2023.