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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 5FUNDS MANAGEMENT (FISCAL AFFAIRS)
SUBCHAPTER DCLAIMS PROCESSING--PAYROLL
RULE §5.41Payroll Requirements

      (iii) the agency changes a state employee's classification or job title;

      (iv) the legal name of a state employee of the agency changes;

      (v) the social security number of a state employee of the agency changes;

      (vi) a state employee of the agency goes on leave without pay or faculty development leave;

      (vii) the home address of a state employee of the agency changes;

      (viii) deduction information concerning a state employee of the agency changes, if HRIS requires reporting of that information; or

      (ix) other job or descriptive information concerning a state employee of the agency changes, if HRIS requires reporting of that information.

    (B) A state agency shall ensure that HRIS receives its report not later than the seventh day of the month after the month in which the change or event occurs that triggers the requirement for the agency to file the report.

    (C) A report to HRIS under this paragraph must be made in the manner, frequency, and form required by the comptroller.

(i) Reporting of payroll information to HRIS.

  (1) Applicability. This subsection applies to:

    (A) an institution of higher education that does not use USPS, CAPPS or report to SPRS;

    (B) the State Bar of Texas; and

    (C) the Board of Law Examiners.

  (2) Reporting requirements.

    (A) A state agency shall report payroll information to HRIS.

    (B) A state agency's report of payroll information must be complete not later than the seventh day of the month following the month covered by the report. A report is complete only if:

      (i) it encompasses all the pay periods that end in the month covered by the report; and

      (ii) HRIS receives it by the deadline.

    (C) A report to HRIS under this paragraph must be made in the manner, frequency, and form required by the comptroller.

(j) Reporting errors. If the comptroller detects an error in a state agency's report of personnel or payroll information, then the comptroller shall provide a description of the error to the agency. The agency shall then correct the error according to the comptroller's requirements. The agency must correct the error not later than the seventh day of the month following the month in which the agency receives a description of the error.

(k) Additional mail codes. A state agency may establish an additional mail code for a state employee only by submitting the proper application to the comptroller's Fiscal Management division.

(l) Reporting of personnel information to USPS, CAPPS or SPRS.

  (1) Applicability. This subsection applies to a state agency only if it does not report to HRIS.

  (2) Reporting requirements.

    (A) A state agency shall be considered to have reported personnel information to USPS, CAPPS or SPRS if:

      (i) a state employee is added to or removed from the agency's payroll;

      (ii) the agency changes a state employee's compensation rate;

      (iii) the agency changes a state employee's classification or job title;

      (iv) the legal name of a state employee of the agency changes;

      (v) the social security number of a state employee of the agency changes;

      (vi) a state employee of the agency goes on leave without pay or faculty development leave;

      (vii) the home address of a state employee of the agency changes;

      (viii) deduction information concerning a state employee of the agency changes; or

      (ix) other job or descriptive information concerning a state employee of the agency changes.

    (B) A state agency must ensure that the information is provided in the manner, frequency, and form required by the comptroller.

(m) Reporting of payroll information to USPS, CAPPS or SPRS.

  (1) Applicability. This subsection applies to a state agency that does not report to HRIS.

  (2) Reporting requirements.

    (A) A state agency shall be considered to have reported payroll information to USPS, CAPPS or SPRS if the agency successfully completes the processing of payroll information.

    (B) A state agency's report of payroll information must include any payments of regular salary, twice monthly salary, overtime pay, longevity, benefit replacement pay, lump sum payment of unused vacation and sick leave, emoluments and special pays such as bilingual or fire brigade pay. A report is complete only if:

      (i) it encompasses all the pay periods that end in the month covered by the report; and

      (ii) the comptroller receives it by the deadline.

    (C) Payroll information under this paragraph must be processed in the manner, frequency, and form required by the comptroller.

    (D) Reporting errors. If the comptroller detects an error in a state agency's report of personnel or payroll information, then the comptroller shall provide a description of the error to the agency. The agency shall then correct the error according to the comptroller's requirements.

(n) Standard payroll calculation.

  (1) Exemption. This subsection does not apply to an institution of higher education.

  (2) Required use of USPS.

    (A) Except as provided in subparagraph (B) of this paragraph, a state agency must use USPS to:

      (i) calculate and otherwise generate the agency's payments of compensation to its state employees; and

      (ii) maintain the agency's personnel and payroll information.

    (B) A state agency is not subject to subparagraph (A) of this paragraph if the comptroller has allowed the agency to report to SPRS or to use the payroll and personnel components of CAPPS.

  (3) Conforming to payroll calculation. A state agency must conform its payroll calculation with the payroll calculation set forth in comptroller policies and procedures.

(o) Deceased state employees.

  (1) Required payees. A state agency must pay the compensation earned by a deceased state employee to the employee's estate unless Estates Code, §453.004, or another law authorizes or requires a different payment method.

  (2) Additional mail codes. When a state agency pays the estate of a deceased state employee, the agency must establish an additional mail code under the payee identification number of the employee.

(p) Overtime payments.

  (1) Generally. A state employee covered by the overtime provisions of the FLSA must be credited or paid for overtime hours worked according to the GAA, the FLSA, and the regulations adopted by the United States Department of Labor under the FLSA. Those regulations and the FLSA prevail over the GAA to the extent of conflict, if any.

  (2) Method for making overtime payments. A state agency may pay overtime on any payroll document submitted to the comptroller, including a supplemental payroll document.

(q) Payments of compensation for working partial months.

  (1) State employees paid once each month.

    (A) This paragraph applies only to a state employee who is paid once each month.

    (B) A state agency must calculate the amount of compensation a state employee is entitled to receive for working less than a full month by:

      (i) calculating the employee's hourly rate of pay according to the comptroller's requirements; and

      (ii) multiplying the employee's hourly rate of pay by the number of hours worked to determine the correct amount of compensation.

    (C) Subparagraph (B) of this paragraph also applies to the compensation paid to a state employee who is on leave without pay for less than an entire calendar month.

  (2) State employees paid twice each month.

    (A) This paragraph applies only to a state employee who is paid twice each month.

    (B) This subparagraph applies to a state employee who does not work all the available hours in the first half of a month but works all the available hours in the second half of the month.

      (i) The total compensation that must be paid to a state employee for an entire month is equal to the product of:

        (I) the hours worked in the month by the employee; and

        (II) the employee's hourly rate for the month calculated according to the comptroller's requirements.

      (ii) The amount of compensation that must be paid to a state employee for services provided during the first half of a month is equal to the product of:

Cont'd...

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