| (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... |
