(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).