| (2) Requirement to produce authorization forms. A local
campaign manager or a statewide federation or fund must produce an
authorization form that complies with the comptroller's requirements
and this section.
(3) Restrictions on approval of authorization forms.
Neither the comptroller nor the state policy committee may approve
the authorization form of a local campaign manager or a statewide
federation or fund unless the form:
(A) is at least 8 1/2 inches wide and 11 inches long;
(B) states that statewide federations or funds and
local campaign managers are required to use the percentage method
to distribute a state employee's deducted amounts to eligible charitable
organizations designated by the employee instead of matching deducted
amounts received to actual designations;
(C) accurately describes the percentage method; and
(D) complies with the comptroller's requirements for
format and substance.
(g) Procedure for federations or funds to apply for
statewide participation.
(1) Request for statewide participation. A federation
or fund may not be a statewide federation or fund unless the federation
or fund applies to the state policy committee for that status in accordance
with this section, Government Code, §659.146, and the committee's
procedures.
(2) Requirements for the application. The application
of a federation or fund to be a statewide federation or fund must
include:
(A) a letter from the presiding officer of the federation
or fund's board of directors certifying compliance by the federation
or fund and its affiliated agencies with the eligibility requirements
of Government Code, §659.146;
(B) a copy of a letter from each affiliate of the federation
or fund certifying that the federation or fund serves as the affiliate's
representative and fiscal agent in the state employee charitable campaign;
(C) a copy of the conflict of interest policy approved
by the federation or fund's board of directors, which prohibits its
board members, executive director, and staff from engaging in business
transactions in which they have material conflicting interests;
(D) if the executive director of the federation or
fund receives material compensation for services rendered to any organization
other than the federation or fund, a full disclosure of:
(i) the name of the organization;
(ii) the nature and amount of the compensation; and
(iii) the relationship of the organization to the federation
or fund;
(E) a copy of the federation or fund's current operating
budget, signed by the presiding officer of the federation or fund's
board of directors; and
(F) an acknowledgment that the federation or fund is
responsible for filing any appeals from its affiliated agencies that
have not secured approval for statewide or local participation in
the state employee charitable campaign.
(3) Notification of the comptroller. Upon approval
of a federation or fund for statewide participation in the state employee
charitable campaign, the state policy committee shall submit to the
comptroller:
(A) the complete name of the federation or fund;
(B) the mailing address of the federation or fund;
(C) the full name, title, telephone number, and mailing
address of the federation or fund's primary contact;
(D) the payee identification number of the federation
or fund, when available; and
(E) the other information deemed necessary by the comptroller.
(4) Payee identification numbers. A federation or fund
that has been approved for statewide participation and that does not
have a payee identification number shall submit a request for one
to the comptroller.
(5) Electronic funds transfers.
(A) A federation or fund that has been approved for
statewide participation in the state employee charitable campaign
shall submit a request to be paid by the comptroller through electronic
funds transfers under rules adopted by the comptroller. This subparagraph
applies only to the extent that the comptroller's electronic funds
transfer system is used.
(B) A federation or fund that has been approved for
statewide participation in the state employee charitable campaign
shall submit a request to be paid by an institution of higher education
through electronic funds transfers under rules or procedures adopted
by the institution. This subparagraph applies only to the extent that
the comptroller's electronic funds transfer system is not used.
(6) Beginning of deductions. The first payment of deducted
amounts to a statewide federation or fund shall occur the first month
of the first campaign year that begins after the federation or fund
is approved for statewide participation in the state employee charitable
campaign.
(h) Procedure for charitable organizations to apply
for local participation.
(1) Request for local participation.
(A) A charitable organization may not be an eligible
local charitable organization unless it applies to the state policy
committee and any applicable local employee committee appointed by
the state policy committee in accordance with this section, Government
Code, §659.147, and the committee's procedures.
(B) A federation or fund that wants to be an eligible
local charitable organization may apply on behalf of its affiliated
agencies.
(2) Requirements for applications from federations
or funds. If a charitable organization applying to be an eligible
local charitable organization is a federation or fund, then the organization
must provide to the state policy committee and any applicable local
employee committee appointed by the state policy committee:
(A) a letter from the presiding officer of the federation
or fund's board of directors certifying compliance by the federation
or fund and its affiliated agencies with the eligibility requirements
of Government Code, §659.147;
(B) a copy of a letter from each affiliate of the federation
or fund certifying that the federation or fund serves as the affiliate's
representative and fiscal agent in the state employee charitable campaign;
(C) a copy of the conflict of interest policy approved
by the federation or fund's board of directors, which prohibits its
board members, executive director, and staff from engaging in business
transactions in which they have material conflicting interests;
(D) if the executive director of the federation or
fund receives material compensation for services rendered to any organization
other than the federation or fund, a full disclosure of:
(i) the name of the organization;
(ii) the nature and amount of the compensation; and
(iii) the relationship of the organization to the federation
or fund;
(E) a copy of the federation or fund's current operating
budget, signed by the presiding officer of the federation or fund's
board of directors; and
(F) an acknowledgment that the federation or fund is
responsible for filing any appeals from its affiliated agencies that
have not secured approval for statewide or local participation in
the state employee charitable campaign.
(3) Beginning of deductions. The first deduction to
pay an eligible local charitable organization shall occur the first
month of the first campaign year that begins after the charitable
organization is approved for local participation in the state employee
charitable campaign.
(i) Payments of deductions.
(1) Prohibited payments to eligible local charitable
organizations.
(A) Neither the comptroller nor an institution of higher
education may pay deducted amounts directly to an eligible local charitable
organization.
(B) Except as otherwise provided in this subparagraph,
deducted amounts shall be paid directly to the appropriate local campaign
manager if one has been appointed by the state policy committee. If
the eligible local charitable organization involved is an affiliate
of a statewide federation or fund, then the deducted amounts shall
be paid directly to the federation or fund.
(2) Payments by the comptroller through electronic
funds transfers. If feasible, the comptroller shall pay deducted amounts
to a local campaign manager or a statewide federation or fund by electronic
funds transfer.
(3) Payments through warrants issued by the comptroller.
(A) This paragraph applies only if it is infeasible
for the comptroller to pay deducted amounts by electronic funds transfer.
(B) The comptroller shall pay deducted amounts by warrant
and make the warrant available for pick up by the state agency whose
employees' deductions are being paid by the warrant.
Cont'd... |
