| (a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) CAPPS--The centralized accounting and payroll/personnel
system, or any successor system used to implement the enterprise resource
planning component of the uniform statewide accounting project, developed
under Government Code, §2101.035 and §2101.036.
(2) Comptroller--The comptroller of public accounts
for the State of Texas.
(3) Credit union--A state credit union, an out-of-state
credit union, a foreign credit union, or a federal credit union.
(4) Electronic funds transfer--A payment made electronically
instead of by warrant or check. The term includes a payment made through
an automated clearinghouse, by bank wire, or by federal wire.
(5) Employer--A state agency that employs a state employee
who authorizes a deduction under this section.
(6) Federal credit union--A credit union organized
under 12 U.S.C. Chapter 14.
(7) Foreign credit union--A credit union that is not
organized under the laws of this state or the United States if the
credit union is authorized under Finance Code, Title 3, Subtitle D,
to do business in this state.
(8) Holiday--A state or national holiday as specified
by the General Appropriations Act or Government Code, §§662.001-662.010.
(9) 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.
(10) Institution of higher education--Has the meaning
assigned by Education Code, §61.003.
(11) May not--A prohibition. The term does not mean
"might not" or its equivalents.
(12) Out-of-state credit union--A credit union organized
under the laws of a state other than Texas if the credit union is
authorized under Finance Code, Title 3, Subtitle D, to do business
in this state.
(13) Participating credit union--A credit union that
the comptroller has certified according to this section.
(14) Salary or wages--Base salary or wages, longevity
pay, or hazardous duty pay.
(15) State agency--A department, commission, board,
office, or other agency of any branch of Texas state government, including
an institution of higher education.
(16) State credit union--A voluntary, cooperative,
nonprofit financial institution that is authorized under Finance Code,
Title 3, Subtitle D, to do business in this state for the purposes
of:
(A) encouraging thrift among its members;
(B) creating a source of credit at fair and reasonable
rates of interest;
(C) providing an opportunity for its members to use
and control their own money to improve their economic and social condition;
and
(D) conducting any other business, engaging in any
other activity, and providing any other service that may be of benefit
to its members subject to Finance Code, Title 3, Subtitle D, and rules
adopted under that law.
(17) State employee--An employee of a 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 Government Code, Chapter 654, and a combination of the preceding.
The term excludes an independent contractor and an employee of an
independent contractor.
(18) Workday--A calendar day other than Saturday, Sunday,
or a holiday.
(b) Deductions or changes in deductions.
(1) References in this section. A reference in this
section to a deduction without further qualification or explanation
is a reference only to a deduction from a state employee's salary
or wages to make a payment to a participating credit union.
(2) Authorization of a deduction or a change in the
amount of a deduction.
(A) A state employee may authorize a deduction or a
change in the amount of a deduction only if the employee:
(i) submits to the participating credit union to which
the deducted amounts will be paid a properly completed authorization
form establishing a deduction or changing the amount of a deduction;
or
(ii) submits through CAPPS a properly completed electronic
authorization establishing a deduction or changing the amount of a
deduction.
(B) A state employee may not authorize more than three
monthly deductions from the employee's salary or wages. However, a
state employee may not authorize more than one monthly deduction to
any particular participating credit union.
(C) A state employee may authorize a change in the
amount to be deducted from the employee's salary or wages at any time.
(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 or
a change in the amount of a deduction.
(E) This subparagraph applies only if a state employee
authorizes a deduction or changes the amount of a deduction by submitting
a properly completed authorization form to the participating credit
union to which the deducted amounts will be paid under subparagraph
(A)(i) of this paragraph.
(i) If the employee completing the authorization form
is required to pay an administrative fee, the amount of the fee must
be stated on the form before the employee signs it.
(ii) The credit union shall submit in a secure manner
the authorization form to the employer not later than the tenth workday
after the day on which the form becomes effective.
(F) This subparagraph applies only if a state employee
authorizes a deduction or changes the amount of a deduction by submitting
a properly completed electronic authorization through CAPPS under
subparagraph (A)(ii) of this paragraph. The employer shall notify
the participating credit union in writing of a deduction or change
in the amount of a deduction when the employer submits the next monthly
detail report to the credit union.
(3) 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, no part of the deduction may
be made. If a state employee has authorized more than one deduction
and the employee's salary or wages are insufficient to support all
the deductions, none of the deductions may be made.
(C) The amount that could not be deducted from a state
employee's salary or wages because of subparagraph (B) of this paragraph
may not be made up by deducting the amount from subsequent payments
of salary or wages to the employee.
(4) Timing of deductions.
(A) Except as provided in subparagraph (B) of this
paragraph, a deduction must be made from the salary or wages that
are paid on the first workday of a month.
(B) If a state employee does not receive a payment
of salary or wages on the first workday of a month, the employer may
designate the payment of salary or wages from which a deduction will
be made. A deduction may be made only once each month.
(5) Cancellation of deductions.
(A) A state employee may cancel a deduction at any
time. A cancellation is effective only if the employee:
(i) submits to the participating credit union or employer
a properly completed authorization form canceling a deduction; or
(ii) submits through CAPPS a properly completed electronic
authorization canceling a deduction.
(B) This subparagraph applies only if a state employee
cancels a deduction by submitting a properly completed authorization
form to a participating credit union under subparagraph (A)(i) of
this paragraph. The credit union shall submit in a secure manner the
form to the employer not later than the tenth workday after the day
on which the form becomes effective.
(C) This subparagraph applies only if a state employee
cancels a deduction by submitting a properly completed authorization
form to an employer under subparagraph (A)(i) of this paragraph or
by submitting a properly completed electronic authorization through
CAPPS under subparagraph (A)(ii) of this paragraph. The employer shall
notify the participating credit union in writing of the cancellation
of a deduction when the employer submits the next monthly detail report
to the credit union.
Cont'd... |
