us-tx/regs
34 Tex. Admin. Code § 16.304 — Authorized Uses of Grant Funds; Limitations
(a)
A rural sheriff's office salary assistance grant awarded under this subchapter may only be used:
(1) to provide a minimum annual salary of at least:
(A) $75,000 for the county sheriff;
(B) $45,000 for each deputy sheriff; and
(C) $40,000 for each jailer; and
(2) provided that each county sheriff that meets the definition in §16.300(2) of this title, each deputy sheriff that meets the definition in §16.300(3) of this title, and jailer that meets the definition in §16.300(9) of this title that is employed by the county sheriff, regardless of hiring date, receives the minimum salary described by paragraph (1) of this subsection:
(A) to increase the salary of a person described by paragraph (1) of this subsection;
(B) to hire additional deputies or staff for the sheriff's office; or
(C) to purchase vehicles, firearms, and safety equipment for the sheriff's office.
(b)
A rural constable's office salary assistance grant awarded under this subchapter:
(1) may only be used to provide a minimum annual salary of $45,000 to a qualified constable; and
(2) for each qualified constable whose salary is funded in part by the grant awarded under this subchapter, the county must contribute at least 75% of the money required to meet the minimum annual salary requirement.
(c)
A rural prosecutor's office salary assistance grant awarded under this subchapter may only be used:
(1) to increase the salary of an assistant attorney, an investigator, or a victim assistance coordinator employed at the prosecutor's office; or
(2) to hire additional staff for the prosecutor's office.
(d)
Grant funds may not be used for indirect costs or direct administrative costs of a grant recipient. Unallowable direct administrative costs include software, trainings, licenses and expenses for the business functions of the office. Grant funds may not be used for contract labor, but a grant recipient may hire an employee with a predetermined termination date.
(e)
For the purpose of subsection (a)(1) of this section, if a grant recipient does not have sufficient grant funding to fund the minimum annual salaries required by this subsection, the grant recipient may use grant funds to increase the salaries of the persons described in that subsection on a pro-rata basis.
(f)
If a person described by subsection (a)(1) or (b)(1) of this section is a part-time or hourly employee, or holds a dual office or otherwise divides work hours between a position described in this section and another position, the minimum annual salary required by this section may be converted to a minimum hourly wage and will apply only to the hours of work performed for a position described in this section.
(1) For an employee with a 40-hour work week, the minimum hourly wage shall be the product of:
(A) the minimum annual salary described in this section; and
(B) a quotient:
(i) the numerator of which is equal to the number of hours the employee normally works performing duties for a position described in this section each week, not to exceed 40; and
(ii) the denominator of which is equal to 40; and
(2) for an employee with a county adopted work period as authorized by the Fair Labor Standards Act, 29 U.S.C.A. § 207(k), the minimum hourly wage shall be the product of:
(A) the minimum annual salary described in this section; and
(B) a quotient:
(i) the numerator of which is equal to the number of hours the employee normally works performing duties for a position described in this section each period, not to exceed the number of hours that are nonovertime as determined under the Fair Labor Standards Act; and
(ii) the denominator of which is equal to the number of hours that are nonovertime as determined under the Fair Labor Standards Act.
(g)
For grants awarded under this subchapter:
(1) Grant funds described by subsection (a) and (b) of this section may only be used for the state purpose of ensuring professional law enforcement throughout the state; and
(2) Grant funds described by subsection (c) of this section may only be used for the state purpose of ensuring professional legal representation of the people's interests throughout the state.
(h)
A person whose salary increase may be paid with grant funds under subsections (a)(2)(A) or (c)(1) of this section may be paid an increase in hourly wages if they are paid an hourly wage rather than an annual salary.
(i)
For salary increases required to bring a salary to the minimum annual salary as described by subsections (a)(1) and (b)(1) of this section, and salary increases described by subsections (a)(2)(A) and (c)(1) of this section:
(1) the cost of providing a salary increase includes:
(A) the amount by which the salary increases;
(B) excluding benefits and taxes paid for overtime pay, the amount by which the legally required nonmonetary benefits and taxes for that employee increases as a result of the salary increase, including:
(i) the increase in the employers share of payroll taxes; and
(ii) if applicable, any increase in the employers share of retirement contributions.
(2) The cost of providing a salary increase does not include:
(A) overtime pay;
(B) compensatory time pay that is paid out;
(C) longevity pay; or
(D) any legally required nonmonetary benefit that is not calculated as a percentage of salary or wages.
(3) The increase in a salary is measured based on the salary provided on the last day of the entity's fiscal year ending prior to the first year the entity received grant funds.
(4) A county may only use grant funds for the legally required nonmonetary benefits and taxes for a salary if the county provides the minimum annual salary required by subsections (a)(1) and (b)(1) of this section, if applicable. A county may not reduce a salary below a minimum salary required by subsection (a)(1) or (b)(1) of this section in order to use grant funds for legally required nonmonetary benefits and taxes for that salary.
(5) For example, in Fiscal Year 2023, a county sheriff's minimum annual salary is $50,000 and the county pays $3,825 for the employers share of payroll taxes, pays $2,500 to Texas County and District Retirement System (TCDRS) for an employers matching retirement contribution, and $2,500 for health insurance premiums. In Fiscal Year 2024, because of the grant, the annual salary is $75,000, the employers share of payroll taxes is $5,737.50, the employers matching contribution to TCDRS is $3,750, and health insurance premiums are $2,500. The county may use grant funds to increase the sheriff's annual budget by $25,000 + $1,912.50 + $1,250 = $28,162.50. In Fiscal Year 2025, because of the grant, the county may use grant funds to continue to fund the increase to the sheriff's annual budget for the annual salary increase by $25,000 + $1,912.50 + $1,250 = $28,162.50.
(j)
For additional employees hired under subsections (a)(2)(B) or (c)(2) of this section:
(1) the cost of hiring the additional employees includes:
(A) the salary, which, if applicable, must meet the minimum annual salary required by subsections (a)(1) and (b)(1) of this section; and
(B) the legally required nonmonetary benefits and taxes for that employee, including:
(i) the employers share of payroll taxes;
(ii) if applicable, the employers share of retirement contributions; and
(iii) if applicable, the employers share of health insurance premiums.
(2) The cost of hiring the additional employees does not include:
(A) overtime pay;
(B) compensatory time pay that is paid out; or
(C) longevity pay.
(3) Determination of whether an employee is an additional employee is based on whether the position existed on the last day of the entity's fiscal year ending prior to the first year the entity received grant funds.
(4) For the additional position to be eligible for salary increases funded by the grant, it must be an eligible salary increase under subsection (a)(2)(A) or (c)(1) of this section.
(5) For example, in Fiscal Year 2024, a county hires a new deputy sheriff with the following costs: a salary of $50,000, $3,825 for the employers share of payroll taxes, $2,500 to Texas County and District Retirement System (TCDRS) for an employers matching retirement contribution, and $2,500 for health insurance premiums. Total Fiscal Year 2024 allowable costs are $58,825. In Fiscal Year 2025, the county continues to employ this deputy sheriff and provides a salary increase of $2,500 resulting in an $192 increase in the employers share of payroll taxes, an $192 increase in the employers matching retirement contribution, and no increase in health insurance premiums. This position is eligible for a salary increase under subsection (a)(2)(A) of this section. Total Fiscal Year 2025 allowable costs for this position are $61,709, which include the same amount of $58,825 that it cost to create the position in FY 2024 plus the cost of $2,884 to increase the salary.
(k)
For vehicle leases to be considered a purchase as described in subsection (a)(2)(C) of this section, the grant recipient must:
(1) have the right to purchase the vehicle on performing conditions stated in the agreement; and
(2) have an immediate right to possess the vehicle.
Source Note: The provisions of this §16.304 adopted
to be effective January 11, 2024, 49 TexReg 141; amended to be effective
January 30, 2025, 50 TexReg 564; amended to be effective October 28,
2025, 50 TexReg 7085.
Source: official text