| (iii) contains the following statement: "I understand
that I cannot be compelled to be a member of a state employee organization
or to pay dues to a state employee organization as a condition of
employment with the state. While I am free to join a state employee
organization, I understand that I may change or cancel this authorization
at any time by providing written notice to my employer. I voluntarily
authorize a monthly payroll deduction in the amount shown above from
my salary or wages for membership fees to the state employee organization
listed above and agree to comply with the comptroller's rules concerning
this deduction. I agree that my name, social security number, personal
contact information, and the amount of my payroll deduction for membership
fees may be provided to the state employee organization listed above
only for the purpose of informing the state employee organization
about the payroll deduction."; and
(iv) complies with this section and the comptroller's
other requirements for format and substance.
(D) The comptroller may approve the cancellation form
of an eligible organization if the form:
(i) clearly informs state employees that a properly
completed cancellation form must be submitted to the employer's human
resource officer or payroll officer to cancel the deduction;
(ii) clearly informs state employees that a copy of
the properly completed cancellation form should be provided to the
organization to notify the organization that the employee has cancelled
the deduction;
(iii) clearly informs state employees that they are
not required to state a reason for a cancellation; and
(iv) complies with the comptroller's other requirements
for format and substance.
(E) An eligible organization must revise an authorization
or cancellation form upon request from the comptroller. The organization
may not distribute or otherwise make available to state employees
a revised form until the organization has received the comptroller's
written approval of the form.
(2) Distribution of authorization or cancellation forms.
(A) An eligible organization must provide an authorization
or cancellation form to a state employee or state agency promptly
after receiving:
(i) an oral or written request for the form from the
employee or agency; or
(ii) an oral or written request to provide the form
to the employee from the comptroller or the employer.
(B) A state agency may maintain a supply of cancellation
forms and distribute the forms to its state employees upon request.
An eligible organization shall promptly provide the forms to the agency
upon request.
(f) Procedural requirements for certifying state employee
organizations.
(1) Request for certification.
(A) The comptroller may not certify a state employee
organization under this section unless the comptroller receives a
written request for certification from an individual who is authorized
by the organization to make the request.
(B) The comptroller may not certify a state employee
organization under this section if the comptroller receives the organization's
request for certification after June 2nd of a fiscal year.
(2) Requirements for requests for certification. A
request for certification submitted to the comptroller by a state
employee organization must contain:
(A) the organization's complete name;
(B) the street address of the headquarters of the organization;
(C) the mailing address of the headquarters of the
organization, if different from the street address;
(D) the full name, title, telephone number, and mailing
address of the organization's primary contact;
(E) a specific request for certification as an eligible
organization, specifying whether the organization is requesting certification
under Government Code, §403.0165 or §659.1031;
(F) a specific acceptance of the requirements of this
section as they exist at the time the request is made or as adopted
or amended thereafter;
(G) the organization's Internal Revenue Service employer
identification number; and
(H) any other information that the comptroller deems
necessary.
(g) Substantive requirements for certifying state employee
organizations. The comptroller shall certify a state employee organization
under this section if the organization satisfies the requirements
of paragraph (1) or (2) of this subsection.
(1) Certification of a state employee organization
under Government Code, §403.0165.
(A) The comptroller shall certify a state employee
organization if the organization:
(i) submits persuasive evidence to the comptroller
that the organization had a membership of at least 4,000 state employees
throughout the 18 months preceding the month in which the comptroller
receives the organization's request for certification (an example
of the evidence that the comptroller may review is a membership roster
containing the name of each state employee who is a member of the
organization, the date each employee joined the organization, and
the date through which each employee's membership fees are paid);
(ii) demonstrates to the comptroller that the organization
conducts activities on a statewide basis (an organization may satisfy
this requirement by submitting any relevant evidence, including newsletters,
news articles, correspondence, and membership rosters containing the
names and addresses of the organization's members);
(iii) demonstrates to the comptroller that the organization
had a membership fee structure for state employees throughout the
18 months preceding the month in which the comptroller receives the
organization's request for certification (an organization may satisfy
this requirement by submitting relevant evidence, including dated
enrollment forms from state employees, documentation about the fees
structure, and financial records);
(iv) demonstrates to the comptroller that the membership
fees collected from state employees will be equal to an average of
at least one-half of the membership fees received by the organization
nationwide (an organization may satisfy this requirement by submitting
financial records that compare the membership fees to be received
from state employees with the membership fees received from other
individuals throughout the nation); and
(v) has submitted to the comptroller a completed direct
deposit form for the organization.
(B) The comptroller shall certify a state employee
organization under this paragraph that demonstrates to the satisfaction
of the comptroller that the organization had a membership of at least
4,000 state employees on April 1, 1991. The organization is not required
to satisfy any of the other substantive requirements of this paragraph
except for subparagraph (A)(v) of this paragraph. A state employee
organization may demonstrate that the organization had a membership
of at least 4,000 state employees on April 1, 1991, only by submitting
to the comptroller:
(i) a membership roster containing the name of each
state employee who was a member of the organization on April 1, 1991;
(ii) the date each employee joined the organization;
and
(iii) the date through which each employee's membership
fees were paid as of April 1, 1991.
(2) Certification of a state employee organization
under Government Code, §659.1031. The comptroller shall certify
a state employee organization if the organization:
(A) submits persuasive evidence to the comptroller
that the organization had a membership of at least 2,000 active or
retired state employees who hold or have held certification from the
Texas Commission on Law Enforcement under Occupations Code, Chapter
1701, Subchapter G; and
(B) has submitted a completed direct deposit form for
the organization to the comptroller.
(3) Notifications.
(A) The comptroller shall notify a state employee organization
about the comptroller's approval or disapproval of the organization's
request for certification by no later than the 30th day after the
comptroller receives the request if the request is complete in all
respects.
(B) The comptroller shall notify each state agency
of the comptroller's certification of a state employee organization
by no later than the 30th day after the comptroller makes the certification.
(h) Effective date of certification. The first deduction
to pay a membership fee to an eligible organization may be made from
salary or wages paid on the first workday of the second month following
the month in which the comptroller certifies the organization.
(i) Payments of deducted membership fees.
Cont'd... |
