Sec. 661.032. APPLICABILITY OF SUBCHAPTER. (a) This subchapter applies only to a state employee who, at any time during the employee's lifetime, has accrued six months of continuous state employment. State employment is continuous while the employee is entitled to be paid a regular salary, except that the continuity of state employment is not interrupted while the employee is on a leave of absence without pay for less than one calendar month. (b) The estates of the following are not entitled to payments under this subchapter: (1) an individual employed on a piecework basis; (2) an individual who holds an office that is normally filled by vote of the people; (3) an independent contractor or an employee of an independent contractor; (4) an operator of equipment or a driver of a team whose wages are included in the rental paid by a state agency to the owner of the equipment or team; or (5) an individual covered by: (A) the Judicial Retirement System of Texas Plan One; (B) the Judicial Retirement System of Texas Plan Two; or (C) the Teacher Retirement System of Texas, other than an individual described by Section 661.031 (2)(C) or (D).
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