DBDA (TSBVI) Conflict of Interest: Dual Employment


A person who is legally employed by more than one Texas state agency, or institution of higher education, may not receive benefits from the state in excess of those provided for one full-time employee. The person is subject to the following provisions and must comply before the person becomes employed by more than one agency or institution.

  1. Separate vacation and sick leave records must be maintained for each employment. When the person terminates from one employment, the person’s leave balances that were accrued under that employment may not be transferred to the remaining employment.
  2. The person accrues state service credit for all purposes as if the employee had only one employment.
  3. The total state contribution towards the person’s group insurance is limited to the amount specified in the General Appropriations Act for a full-time active employee.
  4. Overtime compensation accrues to an employment independently of every other employment with the following exception. If the person is subject to the overtime provisions of the Fair Labor Standards Act of 1938 (FLSA) in an employment, the employing agencies and institutions must ensure that the person is compensated for all combined time worked in excess of 40 hours per week according to the FLSA overtime provisions. The agencies and institutions shall coordinate to determine which agency, or institution, is responsible for ensuring that the employee is properly compensated according to those provisions.
  5. An employing agency or institution may not use multiple employments of an employee within the same agency or institution for the purpose of:
    1. paying the employee for working more than 40 hours in a week instead of earning compensatory time in accordance with state law, or
    2. paying the employee a greater salary than is allowed for either of the employee’s positions.
  6. Before accepting additional employment with another public agency or institution, the person must notify in writing the person’s immediate supervisor and the TSBVI HR Director.
  7. With the exception of current employees from the Texas School for the Deaf or any other exception determined by the Superintendent in consultation with the TSBVI HR Director, TSBVI will not hire any individual who is already employed by another Texas state agency or institution in a non-exempt position.

Gov’t Code 667.001-667.007 [See also Procedure R.1.3. Employment Outside of TSBVI]

Adopted:         5/8/81

Amended:       11/11/83, 1/21/94, 11/17/95, 9/26/97, 3/26/02, 11/18/16, 5/27/21

Reviewed:       4/5/13