Positions Exempt from the Position Classification Plan
Positions Exempt from the Position Classification Plan
The State has a limited number of positions that are exempt from the Position Classification Plan (Plan) at state agencies. These positions include:
A constitutional officer or official.
An elected officer or official.
An officer appointed by the Governor.
The chief executive of a state agency.
A teacher in public schools, a special school of the State, or state institution of higher education.
Personnel employed by state institutions of higher education.
A professional compensated for services on a fee basis.
An employee excluded from the Plan by executive order of the Governor or at the direction of the Legislature.263
The number of authorized positions for a title listed in a “Schedule of Exempt Positions” may be exceeded only:
For the purpose of hiring a replacement in a key management position as certified by the chief administrator of the agency.
If the current incumbent of the position has formally resigned or otherwise announced irrevocable plans to vacate the position.
For a period of time not to exceed the equivalent of one month’s salary per fiscal year per
terminating incumbent (excluding time spent on the payroll for the purpose of exhausting accrued vacation leave or state compensatory time).
If exceptions are reported as prescribed for payroll reporting procedures.264
Salary Groups and Not-to-Exceed Rates for Exempt Positions
Salary Groups
The State currently has eight salary groups for positions exempt from the Position Classification Plan. Each salary group has a corresponding salary range that establishes the appropriate minimum and maximum annual salary for each position assigned to that group (see Table 7-1). Within the General
263
Texas Government Code, Section 654.012. 264
Appropriations Act, the Legislature authorizes and designates the title and assigned salary group for each position listed in an agency’s Schedule of Exempt Positions.
Table 7-1
Scheduled Exempt Position Salary Rates Fiscal Years 2014 - 2015265
Group Minimum Salary Maximum Salary
1 $70,000 $110,000 2 $80,500 $126,600 3 $92,600 $145,600 4 $106,500 $167,500 5 $122,500 $192,600 6 $140,900 $221,500 7 $162,000 $254,700 8 $186,300 $292,500 Not-to-Exceed Rates
In addition to having assigned salary groups, most exempt positions have “authorized salaries” listed in the agencies’ Schedule of Exempt Positions, often referred to as “not-to-exceed (NTE) rates,” which are set by the Legislature and identified in the General Appropriations Act. If an agency’s Schedule of Exempt Positions has an NTE rate that is less than the maximum salary listed in Table 7-1, the NTE rate listed in the agency’s Schedule of Exempt Positions in the General Appropriations Act prevails. These NTE rates cannot be changed unless specifically authorized in accordance with the General Appropriations Act.266
Exempt Employees Salaries
As noted above, the Legislature sets an agency’s NTE rate for exempt positions identified within the agency’s Schedule of Exempt Positions. The Governor has the authority to set compensation in an amount not to exceed the maximum salary, but not less than the minimum, for positions within specific agencies listed in Table 7-2, notwithstanding the salary rate listed in an agency’s Schedule of Exempt Positions. In addition, the Governor may designate the title and set the compensation rate of positions exempt from the Position Classification Plan that are used by the Office of the Governor.267 The salary provided by the General Appropriations Act for the Governor is an annual salary and is not reduced during the Governor’s absence from the state.268
Table 7-2 lists the agencies, positions, and salary groups for which the Governor is authorized to designate the compensation rate.
265 General Appropriations Act (83rd Legislature), Article IX, Section 3.04 (b) (2). 266
General Appropriations Act (83rd Legislature), Article IX, Section 3.04 (a).
267 General Appropriations Act (83rd Legislature), Article I, Office of the Governor, Riders 2 and 6. 268
Table 7-2
Agencies Authorized to Have Exempt Positions Titles and Salaries Set by the Governor269
Agency Position Salary Group
Secretary of State Secretary of State Group 5
Office of State-Federal Relations Executive Director Group 3 Health and Human Services
Commission Executive Commissioner Group 8
Texas Education Agency Commissioner of Education Group 8 Adjutant General’s Department Adjutant General Group 5 Department of Criminal Justice Presiding Officer, Board of
Pardons and Paroles Group 4 Department of Criminal Justice Parole Board Members (6) Group 3 Commission on Environmental
Quality Commissioners (3) Group 6
Department of Housing and
Community Affairs Executive Director Group 5
Texas Workforce Commission Commissioners (2) Group 5 Texas Workforce Commission Commission Chair Group 6 State Office of Administrative
Hearings Chief Administrative Law Judge Group 5 Department of Insurance Commissioner of Insurance Group 6 Office of Public Insurance Counsel Public Counsel Group 4 Public Utility Commission of Texas Commissioners (3) Group 6 Office of Public Utility Counsel Public Counsel Group 4
Bond Review Board Executive Director Group 3
Department of Insurance Commissioner of Workers’
Compensation Group 5
Some state agencies have authority within the General Appropriations Act to request an increase in the authorized salary (NTE rate) for an exempt position by submitting a request to the Governor’s Office and the Legislative Budget Board. (See Table 7-3 for a list of agencies and positions.) The request must include:
The date that the board (when applicable for an agency with a governing board) approved the request.
A statement that justifies the need to exceed the salary limitations in the agency’s Schedule of Exempt Positions.
269
General Appropriations Act (83rd Legislature), Article IX, Section 3.04 (b) (1) and (3).
The source(s) of funds to be used to pay the additional salary amount.
An agency’s governing board may make this request no more than once per fiscal year or upon a vacancy in the exempt position. After submission of the request, the agency can consider it approved if neither the Legislative Budget Board nor the Governor’s Office issues a written disapproval by:
The 10th business day after the Legislative Budget Board staff submits the results of its review to the chairperson of the House Appropriations Committee, the chairperson of the Senate Finance Committee, the Speaker of the House, and the Lieutenant Governor; and
If a proposed salary increase is approved, the Legislative Budget Board must notify the affected agency, the Governor’s Office, and the Office of the Comptroller of Public Accounts.
The 10th business day after the Governor’s Office received the request for the increase.
270
Table 7-3 lists the agencies, positions, and salary groups that are authorized to request an increase in the salary (NTE rate) of an exempt position by submitting a request to the Governor’s Office and the Legislative Budget Board.
Table 7-3
Agencies Authorized to Request a Salary Increase for Exempt Positions within the General Appropriations Act271
Agency Position Salary Group
Department of State Health Services Commissioner Group 7 Department of Family and Protective
Services Commissioner Group 7
Higher Education Coordinating Board Commissioner Group 8 Department of Aging and Disability
Services Commissioner Group 7
Department of Information Resources Executive Director Group 6 Department of Assistive and Rehabilitative
Services
Commissioner Group 6
Texas Lottery Commission Executive Director Group 6 Juvenile Justice Department Executive Director Group 6
Preservation Board Executive Director Group 5
School for the Blind and Visually Impaired Superintendent Group 4
School for the Deaf Superintendent Group 4
In addition to all other requirements and limits established under an agency’s bill pattern, requests for a salary increase for exempt positions listed in Tables 7-2 and 7-3 must be:
In writing;
270
General Appropriations Act (83rd Legislature), Article IX, Section 3.04 (c).
Signed by the presiding officer of the governing board (for an agency with a governing board);
271
Submitted to the Governor, the Legislative Budget Board, and the Office of the Comptroller of Public Accounts; and
Approved by the governing board (for an agency with a governing board) in a public meeting.272
Salary Supplements for Exempt Positions
Classified employees or employees in exempt positions funded by the General Appropriations Act cannot receive a salary supplement from any source unless specifically authorized by statute or the General Appropriations Act.273
In addition to salary amounts appropriated by the General Appropriations Act and identified in the schedule of exempt positions, some exempt positions may receive a salary supplement. See Chapter 8 (Salary Administration) for additional information about reporting and disclosing salary
supplements.
Provisions for Salaries in the Judiciary Branch
Judges and justices in the Judicial Branch may have specific salaries. Table 7-4 provides an outline of those provisions.
Table 7-4
Provisions for Salaries in the Judiciary Branch274
Title Minimum Salary Maximum Salary
District Judge $125,000 Combined salary (state and county sources) may not exceed the amount that is $5,000 less than the salary provided for a justice of a court of appeals.
a
Justice, Court of Appeals
b 110 percent of salary of
district judge Combined salary (state and county sources) may not exceed the amount that is $5,000 less than the salary provided for a justice of the Texas Supreme Court. Justice, Supreme Court and Judge,
Criminal Court of Appeals
120 percent of salary of district judge
a None listed.
Chief Justice of Supreme Court, Presiding Judge of Criminal Court of Appeals, and Chief Justice of a Court of Appeals
$2,500 more than salary provided for other justices or judges of the court
Combined salary may not exceed the amount that is $2,500 less than the salary provided for a justice of the Texas Supreme Court.
a The 83rd Legislature approved a judicial salary increase. b This excludes chief justice positions.
The Office of the Comptroller of Public Accounts provides oversight to ensure the required salary limitations for the judiciary branch are maintained. If a salary combined with additional
272 General Appropriations Act (83rd Legislature), Article IX, Section 3.04 (d). 273
Texas Government Code, Section 659.020. 274
compensation from other sources would be in excess of the limitation, the Comptroller must reduce the state salary by the excess amount.275
Appellate Court Salary Limits for Attorneys
Intermediate appellate courts may not pay more than one chief staff attorney promoted or hired after September 1, 2013, more than $94,950 annually. In addition, no intermediate appellate court may pay other permanent legal staff hired or promoted after September 1, 2013, more than $84,175 annually. This provision does not apply to appellate court law clerk positions.276
Provisions for Educational Institutions
Out of the educational and general funds appropriated to general academic institutions, community colleges, health centers, health science centers, and medical education programs, the Legislature sets a not-to-exceed rate for the salary of a president or chancellor. All presidents and chancellors may receive additional amounts for a house, utilities, and/or supplement from institutional funds. Table 7- 5 lists those rates and the positions to which they apply.
Table 7-5
Provisions for Salaries for Educational Institutions277
Title
Not To Exceed Rate (Paid from Appropriated Funds)
Not to Exceed Rate for Housing Allowance President, Higher Education
Institution
a
$65,945 $7,200
Chancellor, Higher Education
Institution $70,231 $7,200
Campus President, Texas State
Technical College $63,654 $7,200
Chancellor, Texas State
Technical College $70,231 $7,200
a If a house owned by the institution, system, or program is not available, additional amounts from private or institutional funds may be provided in lieu of housing and utilities, where required.
275 Texas Government Code, Section 659.012 (e). 276
General Appropriations Act (83rd Legislature), Article IV, Special Provisions – Judiciary, Section 7.
277 General Appropriations Act (83rd Legislature), Article III, Special Provisions Relating Only to State Agencies of Higher Education, Section 5 (2) and (3); and General Appropriations Act (83rd Legislature), Article III, Special Provisions Relating Only to Components of Texas State Technical College, Riders 9 and 10.
Salary Study on Exempt Positions
The State Auditor’s Office is directed to conduct a study similar to the biennial study on the State’s Position Classification Plan that reviews the compensation of exempt positions and executive compensation as provided in Articles 1 through 8 of the General Appropriations Act. The study should compare exempt positions from different agencies and take into account the following:
Size of an agency’s annual appropriations.
Full-time equivalent (FTE) level.
Market average compensation for similar executive positions.
Exempt position salary as compared to classified positions within the agency.
The study must be submitted to all members of the Legislature and the director of the Legislative Budget Board no later than September 1, 2014.
Other objective criteria the State Auditor’s Office deems appropriate.
278
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Administration by the Comptroller of Public Accounts The Comptroller of Public Accounts may establish procedures and adopt rules to administer promotions, reclassifications, and other adjustments to salary.These procedures and rules may be found in the Comptroller of Public Accounts’ Texas Payroll/Personnel Resource at the following Web site:
https://fmx.cpa.state.tx.us/fm/pubs/ paypol/index.php.