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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 5FUNDS MANAGEMENT (FISCAL AFFAIRS)
SUBCHAPTER DCLAIMS PROCESSING--PAYROLL
RULE §5.48Deductions for Contributions to Charitable Organizations

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Campaign coordinator--The state employee who has volunteered and been designated by the chief administrator of a state agency to coordinate the state employee charitable campaign for that agency.

  (2) Campaign material--A logo identifying the state employee charitable campaign, a campaign slogan, a campaign film, a campaign donor brochure, a donor authorization form, an online giving tool website and/or application, and other materials as approved by the state policy committee.

  (3) Campaign year--For salary or wages paid once each month, the payroll periods from December 1st through November 30th. For salary or wages paid twice each month, the payroll periods from December 16th through December 15th. For salary or wages paid every other week by a state agency that is not an institution of higher education, the 26 consecutive payroll periods beginning with the period that corresponds to the payment of salary or wages occurring on or closest to, but not after, December 31st. For salary or wages paid every other week by an institution of higher education, the 26 consecutive payroll periods beginning with the period designated by the institution if the period is entirely within December.

  (4) Charitable organization--Has the meaning assigned by Government Code, §659.131.

  (5) Comptroller--The Comptroller of Public Accounts for the State of Texas.

  (6) Comptroller's electronic funds transfer system--The system authorized by Government Code, §403.016, that the comptroller uses to initiate payments instead of issuing warrants.

  (7) Deduction--The amount subtracted from a state employee's salary or wages to make a contribution to a local campaign manager or a statewide federation or fund that has been assigned a payee identification number by the comptroller.

  (8) Designated representative--A state employee volunteer or other individual named by a local campaign manager or a statewide federation or fund as its representative.

  (9) Direct services--Has the meaning assigned by Government Code, §659.131.

  (10) Eligible charitable organization--A charitable organization that is determined to be eligible to participate in the state employee charitable campaign as provided by this section and Government Code, §659.146.

  (11) Eligible local charitable organization--A local charitable organization that has been approved for local participation in the state employee charitable campaign.

  (12) Employer--A state agency that employs at least one state employee.

  (13) Federated community campaign organization--Has the meaning assigned by Government Code, §659.131.

  (14) Federation or fund--Has the meaning assigned by Government Code, §659.131.

  (15) Generic campaign materials--Campaign materials that have not been modified to reflect a particular local campaign area's participants or a local employee committee.

  (16) Health and human services--Has the meaning assigned by Government Code, §659.131.

  (17) Holiday--A state or national holiday as specified by Government Code, §662.003. The term does not include a state or national holiday if the General Appropriations Act prohibits state agencies from observing the holiday.

  (18) Include--A term of enlargement and not of limitation or exclusive enumeration. The use of the term does not create a presumption that components not expressed are excluded.

  (19) Indirect services--Has the meaning assigned by Government Code, §659.131.

  (20) Institution of higher education--Has the meaning assigned by Education Code, §61.003. The term does not include a public junior college that has decided not to participate in the state employee charitable contribution program in accordance with subsection (x) of this section.

  (21) Local campaign area--Has the meaning assigned by Government Code, §659.131.

  (22) Local campaign manager--Any local campaign manager or managers appointed by the state policy committee under Government Code, §659.140(e)(1)(C).

  (23) Local campaign materials--Campaign materials that have been modified to reflect a particular local campaign area's participants and the local employee committee for the area if the state policy committee has approved the modifications, and additional materials that the state policy committee has approved because they are based on and consistent with the campaign materials approved by the committee.

  (24) Local charitable organization--Has the meaning assigned by Government Code, §659.131.

  (25) Local employee committee--Any local employee committee or committees appointed by the state policy committee under Government Code, §659.140(e)(1)(B).

  (26) May not--A prohibition. The term does not mean "might not" or its equivalents.

  (27) Payee identification number--The 14-digit number that the comptroller assigns to each direct recipient of a payment made by the comptroller for the State of Texas.

  (28) Public junior college--Has the meaning assigned by Education Code, §61.003. The term includes a community college.

  (29) Salary or wages--Base salary or wages, longevity pay, or hazardous duty pay.

  (30) State advisory committee--Has the meaning assigned by Government Code, §659.131.

  (31) State agency--Has the meaning assigned by Government Code, §659.131.

  (32) State campaign manager--A federated community campaign organization or a charitable organization that is selected by the state policy committee as provided by this section to coordinate state employee charitable campaign operations with any local campaign managers appointed by the state policy committee.

  (33) State employee--An employee of a state agency. The term does not include an employee of a public junior college that is not participating in the state employee charitable contribution program in accordance with subsection (x) of this section.

  (34) State employee charitable campaign--Has the meaning assigned by Government Code, §659.131.

  (35) State employee charitable contribution program--The charitable deduction program authorized by Government Code, Chapter 659, Subchapter D (exclusive of the deductions authorized by Government Code, §659.1311(b) - (c)).

  (36) State policy committee--Has the meaning assigned by Government Code, §659.131.

  (37) Statewide federation or fund--A federation or fund that has been approved for statewide participation in the state employee charitable campaign.

  (38) Uniform statewide payroll/personnel system--A system in which uniform statewide payroll procedures are followed.

  (39) Workday--A calendar day other than Saturday, Sunday, or a holiday.

(b) Deductions.

  (1) Authorization of deductions.

    (A) A state employee who is not employed by an institution of higher education may authorize not more than three monthly deductions from the employee's salary or wages.

    (B) A state employee who is employed by an institution of higher education may authorize not more than three monthly deductions from the employee's salary or wages, if the institution has not specified a higher maximum number of deductions that its employees may authorize, If the institution has specified a higher maximum number, then the employee may authorize not more than that number.

    (C) A state employee may authorize only one deduction to any particular statewide federation or fund or local campaign manager.

    (D) A state employee may authorize a deduction only if the employee:

      (i) properly completes an authorization form or an electronic deduction authorization entered through the online giving tool website or application; and

      (ii) submits the form to a designated representative of the statewide federation or fund or the local campaign manager to which the deduction will be paid or completes an electronic deduction authorization through the online giving tool website or application.

    (E) Except as provided in this subparagraph, a state employee may authorize a deduction only during a state employee charitable campaign.

      (i) State law says that a state agency, other than an institution of higher education, is not required to permit its state employees to authorize a deduction until the first full payroll period after the agency is converted to the uniform statewide payroll/personnel system. A state agency covered by that law shall permit its state employees to authorize deductions so that they are effective not later than the first full payroll period after conversion of the agency. Those authorizations may be made even if a state employee charitable campaign is not occurring when the authorizations are made.

      (ii) A state employee who begins employment with the state may authorize a deduction if the employee's employer receives the employee's properly completed authorization form or electronic deduction authorization not later than the 30th day after the employee's first day of employment with the agency. A new state employee may authorize a deduction even if a state employee charitable campaign is not occurring when the employment begins or the form or access to the electronic online giving tool website or application is provided. This clause does not apply to a state employee who transfers from one state agency to a second state agency.

    (F) Neither the comptroller nor a state agency is liable or responsible for any damages or other consequences resulting from a state employee authorizing an incorrect amount of a deduction.

  (2) Minimum amount of deductions. If a state employee authorizes a deduction, the minimum amount of the deduction is two dollars per month. This minimum applies to each deduction authorized by the employee. For example, if the employee authorizes two deductions, then the amount of each of those deductions must be at least two dollars per month.

  (3) Changes in the amount of deductions.

    (A) At any time during a campaign year, a state employee may authorize a change in the amount to be deducted from the employee's salary or wages during that year.

    (B) A state employee may authorize a change only by submitting a written authorization or electronic deduction authorization change to the employee's employer. The authorization may be a properly completed authorization form, electronic deduction authorization entered through the online giving tool website or application, or another type of written communication that complies with subparagraph (C) of this paragraph.

    (C) To be valid, a written communication, other than an authorization form or electronic deduction authorization, that a state employee submits for the purpose of authorizing a change must specify or contain:

      (i) the employee's name and appropriate identifying information;

      (ii) the name of the employee's employer;

      (iii) the six-digit code number of the charity for which the change is being authorized or, if the number is unknown, the charity's name;

      (iv) the new amount to be deducted;

      (v) the effective date of the change; and

      (vi) the employee's original signature.

    (D) A state employee may not change the statewide federation or fund or the local campaign manager that receives deducted amounts if the change would be provided outside the time a state employee charitable campaign is being conducted.

    (E) A state employee may not change the eligible charitable organizations designated to receive deducted amounts paid to a statewide federation or fund if the change would be provided outside the time a state employee charitable campaign is being conducted.

    (F) A state employee may not change the eligible local charitable organizations designated to receive deducted amounts paid to a local campaign manager if the change would be provided outside the time a state employee charitable campaign is being conducted.

  (4) Sufficiency of salary or wages to support a deduction.

    (A) A state employee is solely responsible for ensuring that the employee's salary or wages are sufficient to support a deduction.

    (B) If a state employee's salary or wages are sufficient to support only part of a deduction, then no part of the deduction may be made.

    (C) If a state employee has multiple deductions and the employee's salary or wages are insufficient to support all the deductions, then none of the deductions may be made.

    (D) The amount that may not be deducted from a state employee's salary or wages because they are insufficient to support the deduction may not be made up by deducting the amount from subsequent payments of salary or wages.

  (5) Timing of deductions.

    (A) Except as provided in subparagraph (B) of this paragraph, a deduction may be made only from the salary or wages that are paid on the first workday of a month.

Cont'd...

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