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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 5FUNDS MANAGEMENT (FISCAL AFFAIRS)
SUBCHAPTER DCLAIMS PROCESSING--PAYROLL
RULE §5.46Deductions for Paying Membership Fees to Employee 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) Comptroller--The Comptroller of Public Accounts for the State of Texas.

  (2) Eligible organization--A state employee organization that the comptroller has certified in accordance with this section and whose certification has not been terminated.

  (3) Employer--A state agency that employs one or more state employees.

  (4) Fiscal year--The fiscal year of the State of Texas.

  (5) Holiday--A state or national holiday as specified by the Government Code, §§662.001-662.010. The term does not include a holiday that the General Appropriations Act prohibits state agencies from observing.

  (6) Include--Is 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.

  (7) Institution of higher education--Has the meaning assigned by the Education Code, §61.003.

  (8) May not--Is a prohibition. The term does not mean "might not" or its equivalents.

  (9) Membership fee--The dues or fee that a state employee organization requires a state employee to pay to maintain membership in the organization.

  (10) 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.

  (11) Salary or wage leveling agreement--A contract or other agreement between a state employee and the employee's employer that requires the employer to pay the employee's total annual salary or wages over 12 months even though the employee is not scheduled to work each of those months.

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

  (13) State agency--A department, commission, council, board, office, agency, or other entity of Texas state government, including an institution of higher education.

  (14) State employee--An employee of a Texas state agency. The term includes an elected or appointed official, a part-time employee, an hourly employee, a temporary employee, an employee who is not covered by the Position Classification Act of 1961, and a combination of the preceding. The term excludes an independent contractor and the employee of an independent contractor.

  (15) State employee organization--An association, union, or other organization that advocates the interests of state employees concerning grievances, compensation, hours of work, or other conditions or benefits of employment.

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

(b) Deductions.

  (1) Authorization of deductions.

    (A) A state employee may authorize one or more monthly deductions from the employee's salary or wages to pay membership fees to eligible organizations.

    (B) No state agency or state employee organization may state or imply that a state employee is required to authorize a deduction under this section.

    (C) A state employee may provide an authorization only if the employee:

      (i) properly completes an authorization form; and

      (ii) submits the form to the eligible organization to which the membership fees will be paid.

    (D) 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 authorized by this section.

  (2) Manual change in the amount of a deduction.

    (A) At any time, a state employee may authorize a change in the amount to be deducted under this section from the employee's salary or wages.

    (B) A state employee may authorize a change in the amount of a deduction under this section only if the employee:

      (i) properly completes an authorization form; and

      (ii) submits the form to the affected eligible organization.

    (C) Neither the comptroller nor a state agency is liable or responsible for any damages or other consequences resulting from a state employee changing the amount of a deduction authorized by this section.

  (3) Automatic change in the amount of a deduction.

    (A) A state employee may authorize the employee's employer to change the amount of a deduction under this section from the employee's salary or wages without the employee first submitting an authorization form for the change.

    (B) A state employee may provide an authorization under subparagraph (A) of this paragraph only for a change that is needed because an eligible organization has changed the amount of membership fees it charges to state employees. An employee may not provide the authorization for a change that is needed because the employee's salary or wages have increased or decreased.

    (C) Even if a state employee provides the authorization under subparagraph (A) of this paragraph, the employee's employer may require the employee to submit a properly completed authorization form to the employer before the employer changes the amount of a deduction under this section from the employee's salary or wages.

    (D) A state employee may provide the authorization under subparagraph (A) of this paragraph only if the employee:

      (i) properly completes an authorization form that enables state employees to provide the authorization; and

      (ii) submits the form to the affected eligible organization.

    (E) When an eligible organization wants to change the amount of membership fees it charges to state employees, the organization must provide prior written notification of the change to the comptroller. If the comptroller receives the notification on the first calendar day of a month, then the change is effective for the salary or wages paid to state employees on the first workday of the second month following the month in which the comptroller receives the notification. If the comptroller receives the notification after the first calendar day of a month, then the change is effective for the wages and salaries paid to state employees on the first workday of the third month following the month in which the comptroller received the notification.

  (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 authorized by this section.

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

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

  (5) Timing of deductions.

    (A) Except as provided in subparagraph (B) of this paragraph, a deduction authorized by this section must be made from the salary or wages that are paid on the first working day of a month.

    (B) If a state employee does not receive a payment of salary or wages on the first working day of a month, then the employer of the employee may designate the payment of salary or wages to the employee from which a deduction authorized by this section will be made. A deduction authorized by this section may be made only once each month.

  (6) Regularity of deductions.

    (A) This subparagraph applies to a state employee who is scheduled by the employee's employer to work each month of a year. A deduction authorized by this section must be calculated so that the total membership fee paid by a state employee per year is spread evenly over 12 monthly deductions.

    (B) This subparagraph applies to a state employee who is not scheduled by the employee's employer to work each month of a year.

      (i) If a state employee has entered into a salary or wage leveling agreement, then a deduction authorized by this section must be calculated so that the total membership fee paid by the employee per year is spread evenly over the months the employee will be paid under the agreement.

      (ii) If a state employee has not entered into a salary or wage leveling agreement, then a deduction authorized by this section must be calculated so that the total membership fee paid by the employee per year is spread evenly over the months the employee will be paid.

    (C) The eligible organization to which a state employee authorizes a deduction under this section is responsible for calculating the deduction amount in accordance with this paragraph. The eligible organization is also responsible for instructing the state employee about how to enter the correct deduction amount on the authorization form.

  (7) Retroactive deductions.

    (A) In this paragraph, "retroactive deduction" means a deduction authorized by this section to the extent the purpose of the deduction is:

      (i) to correct an error made in a previous month that resulted in the amount of money deducted being less than the amount authorized by a state employee; or

      (ii) to catch up on the amount of membership fees owed by a state employee to an eligible organization because a deduction authorized by this section was not made in one or more previous months.

    (B) A retroactive deduction is prohibited unless:

      (i) an error described in subparagraph (A)(i) of this paragraph was committed by the employer of the employee; and

      (ii) the eligible organization that received the erroneous deduction consents to the retroactive deduction.

  (8) Cancellation of deductions.

    (A) A state employee may cancel at any time a deduction authorized by this section.

    (B) A state employee may cancel a deduction authorized by this section to an eligible organization only if the employee:

      (i) properly completes a cancellation form and submits the form to the organization or the employee's employer; or

      (ii) provides other written notice of the cancellation to the organization or the employee's employer.

    (C) If a state employee submits a cancellation form or other written notice of cancellation to the employee's employer, then the agency must include a copy of the form or notice with the next detail report that the agency sends to the affected eligible organization.

    (D) Neither the comptroller nor a state agency is liable or responsible for any damages or other consequences resulting from a state employee cancelling a deduction authorized by this section.

  (9) Interagency transfers of state employees. A state employee who transfers from one state agency to a second state agency must be treated by the second state agency as if the employee has not yet authorized any deductions under this section.

(c) Effectiveness of authorization forms.

  (1) Effective date of authorization forms.

    (A) This subparagraph applies if a state agency receives a state employee's properly completed authorization form on the first calendar day of a month.

      (i) The first deduction authorized by this section must be made from the employee's salary or wages that are paid on the first workday of the first month following the month in which the agency receives the form.

      (ii) If an authorization form is submitted to change the amount of a deduction authorized by this section, then the change is effective with the deduction made on the first workday of the first month following the month in which the agency receives the form.

    (B) This subparagraph applies if a state agency receives a state employee's properly completed authorization form after the first calendar day of a month.

      (i) The first deduction authorized by this section must be made from the employee's salary or wages that are paid on the first workday of the second month following the month in which the agency receives the form. However, the agency may consent for the first deduction to occur from the salary or wages that are paid on the first workday of the first month following the month in which the agency receives the form.

      (ii) If an authorization form is submitted to change the amount of a deduction authorized by this section, then the change is effective with the deduction made on the first workday of the second month following the month in which the agency receives the form. However, the agency may consent for the change to be effective with the deduction made on the first workday of the first month following the month in which the agency receives the form.

    (C) If the first calendar day of a month is not a workday, then the first workday following the first calendar day is the deadline for the receipt of properly completed authorization forms.

    (D) Eligible organizations are solely responsible for ensuring that properly completed authorization forms are received by the deadline.

  (2) Return of authorization forms.

    (A) A state agency shall return an authorization form to the eligible organization that submitted the form if:

      (i) the form is incomplete, contains erroneous data, or is otherwise insufficient; and

      (ii) a deficiency listed in clause (i) of this subparagraph makes it impossible for the agency to establish the deduction in accordance with the form.

    (B) A state agency shall return an authorization form to the eligible organization that submitted the form if the form is for an individual who is not employed by the agency.

Cont'd...

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