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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

      (vii) they do not state that a local campaign manager or a statewide federation or fund is required to distribute a state employee's deductions based on the percentage method instead of matching deducted amounts received by the local campaign manager or statewide federation or fund to the employee's designations; or

      (viii) they do not accurately describe the percentage method;

    (K) shall review and approve or disapprove the generic materials used by the state campaign manager and any local campaign managers appointed by the state policy committee;

    (L) shall ensure that local campaign areas do not overlap;

    (M) shall ensure that only one local campaign manager, if one has been appointed by the state policy committee, is responsible for solicitation of all state employees in the local campaign area for which the manager has responsibility;

    (N) shall submit to the comptroller the name and boundaries of each local campaign area not later than the 30th day after the end of the annual application period;

    (O) shall compile and submit to the comptroller not later than the 30th day after the end of the annual application period a list of any local campaign managers appointed by the state policy committee and the name, address, and telephone number of each manager's primary contact;

    (P) shall notify the comptroller immediately after a change occurs to the name or mailing address of a statewide federation or fund or local campaign manager;

    (Q) shall notify the comptroller immediately after a change occurs to the name, title, telephone number, or mailing address of the primary contact of a local campaign manager or a statewide federation or fund; and

    (R) shall represent all statewide federations or funds and local campaign managers for the purposes of:

      (i) communicating with the comptroller, including receiving and responding to correspondence from the comptroller; and

      (ii) disseminating information, including information about the requirements of this section, to representatives of federations or funds, any local employee committees appointed by the state policy committee, and any local campaign managers appointed by the state policy committee.

  (3) Appeals procedures. The procedures that the state policy committee adopts to review and resolve the appeal of an entity that was not accepted for statewide or local participation in the state employee charitable campaign must:

    (A) prohibit the consideration of information that the committee has considered previously;

    (B) provide sufficient time for a federation or fund to reapply for participation in that campaign; and

    (C) permit a federation or fund that was not accepted for statewide participation to apply for participation in a local campaign area during the campaign.

  (4) Criteria for selection of a state campaign manager. The state policy committee shall consider the following criteria when evaluating the application of a federated community campaign organization or a charitable organization to act as the state campaign manager:

    (A) the number and diversity of voluntary health and human services agencies or affiliates that rely on the organization for financial support;

    (B) the capability of the organization to conduct employee campaigns, as demonstrated by records of the amount of funds raised during the organization's last completed annual public solicitation of funds;

    (C) the percent of solicited funds received by the organization during its last completed annual public solicitation of funds that were distributed to voluntary health and human services agencies;

    (D) the geographic area serviced by the organization; and

    (E) the organization's capability and expertise to provide effective campaign counsel and management as demonstrated by staff and equipment resources and examples of past campaign management.

  (5) Comptroller's reliance on decisions made by the state policy committee. The comptroller is entitled to rely on the state policy committee's:

    (A) determination about the eligibility of a federation or fund and its affiliated agencies for statewide participation in the state employee charitable campaign;

    (B) disqualification of a federation or fund from statewide participation in the state employee charitable campaign; and

    (C) other decision unless the committee has no legal authority over the subject covered by the decision.

(o) Responsibilities of the state advisory committee. The state advisory committee shall fulfill its statutory responsibilities as set forth in Government Code, Chapter 659, Subchapter I.

(p) Responsibilities of any local employee committees appointed by the state policy committee.

  (1) Statutory responsibilities. A local employee committee shall fulfill its statutory responsibilities as set forth in Government Code, Chapter 659, Subchapter I, along with any duties prescribed by the state policy committee under Government Code, §659.140.

  (2) Additional responsibilities. In addition to its statutory responsibilities and any duties prescribed by the state policy committee under Government Code, §659.140, any local employee committee appointed by the state policy committee:

    (A) shall determine the eligibility of a local charitable organization for local participation in the state employee charitable campaign;

    (B) may call upon and use outside expertise and resources available to the committee to assess the eligibility of a local charitable organization;

    (C) shall disqualify a local charitable organization from local participation in the state employee charitable campaign if the committee determines that the organization intentionally filed an application that contains false or misleading information;

    (D) shall, contingent upon the appointment of a local campaign manager by the state policy committee, select to act as the local campaign manager:

      (i) a federated community campaign organization in accordance with the criteria listed in paragraph (3) of this subsection, if any federated community campaign organization has applied to be the manager; or

      (ii) a charitable organization in accordance with the criteria listed in paragraph (3) of this subsection, if no federated community campaign organization has applied to be the manager;

    (E) shall, contingent upon the appointment of a local campaign manager by the state policy committee, contract with the organization selected as the local campaign manager;

    (F) shall, contingent upon the appointment of a local campaign manager by the state policy committee, consult with the local campaign manager before approving the local campaign plan, budget, and materials; and

    (G) shall, contingent upon the appointment of a local campaign manager by the state policy committee, submit to the state policy committee upon contracting with the organization selected as the local campaign manager:

      (i) the name of the local campaign area;

      (ii) the name of the organization with which the local employee committee has contracted; and

      (iii) the name, address, and telephone number of the primary contact of the local campaign manager.

  (3) Criteria for selection of a local campaign manager. A local employee committee shall, contingent upon the appointment of a local campaign manager by the state policy committee, consider the following criteria when evaluating the application of a federated community campaign organization or a charitable organization to act as the local campaign manager:

    (A) the number and diversity of voluntary health and human services agencies or affiliates that rely on the organization for financial support;

    (B) the capability of the organization to conduct employee campaigns, as demonstrated by records of the amount of funds raised during the organization's last completed annual public solicitation of funds;

    (C) the percent of solicited funds received by the organization during its last completed annual public solicitation of funds that were distributed to voluntary health and human services agencies;

    (D) the geographic area serviced by the organization; and

    (E) the organization's capability and expertise to provide effective campaign counsel and management as demonstrated by staff and equipment resources and examples of past campaign management.

  (4) Comptroller's reliance on decisions made by a local employee committee. The comptroller is entitled to rely on a local employee committee's:

    (A) determination about the eligibility of a local charitable organization for local participation in the state employee charitable campaign;

Cont'd...

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