<<Prev Rule

Texas Administrative Code

Next Rule>>
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) communicating with the comptroller, including receiving and responding to correspondence from the comptroller; and

    (B) disseminating information, including information about the requirements of this section, to representatives of the organization.

  (4) Payee identification number. The payee identification number of an eligible organization must appear on all correspondence from the organization to the comptroller or a state agency.

  (5) Acceptance and submission of authorization forms.

    (A) An eligible organization must accept an authorization form from a state employee if a refusal to accept the form would violate a law of the United States or the State of Texas.

    (B) An eligible organization must make a reasonable effort to ensure that the appropriate state agency receives the original of a state employee's authorization form within a reasonable time after the organization receives the form.

  (6) Acceptance and submission of cancellation forms and cancellation notices.

    (A) An eligible organization must accept a cancellation form or cancellation notice from a state employee unless:

      (i) the employee is not a member of the organization; or

      (ii) the employee did not properly complete the cancellation form.

    (B) An eligible organization must make a reasonable effort to ensure that the appropriate state agency receives the original of a state employee's cancellation form or cancellation notice within a reasonable time after the organization receives the form or notice.

  (7) Refunding excessive payments of amounts deducted under this section.

    (A) An eligible organization shall refund a payment of amounts deducted under this section to the extent the amount exceeds the amount that should have been paid to the organization if:

      (i) the organization receives a written request for the refund from a state agency;

      (ii) the agency provides reasonable evidence of the overpayment to the organization; and

      (iii) no subsequent payments of amounts deducted under this section are anticipated to be made to the organization.

    (B) If a refund is required by subparagraph (A) of this paragraph, the organization must ensure that the appropriate state agency receives the refund by no later than the 30th calendar day after the later of:

      (i) the date on which the organization receives the agency's written request for the refund; and

      (ii) the date on which the organization receives the agency's reasonable evidence of the overpayment.

(l) Responsibilities of state agencies.

  (1) Reports of violations. A state agency may report to the comptroller a violation of this section that the agency believes an eligible organization or its representatives or employees might have committed. A report must be made in writing, and a copy of the report must be mailed to the organization at the same time that the original of the report is mailed to the comptroller.

  (2) Authorization forms. A state agency:

    (A) may accept authorization forms only if they comply with this section;

    (B) must ensure that the identifying information for an eligible organization on an authorization form is the same as the identifying information on the notification document received from the comptroller under subsection (g)(6)(B) of this section; and

    (C) may not accept an authorization form that contains an obvious alteration without the state employee's written consent to the alteration.

  (3) Detail reports to eligible organizations.

    (A) This subparagraph applies to the employer of one or more state employees from whose salary or wages deductions authorized by this section are made. An employer must submit a detail report each month to each eligible organization that receives the deductions. The report must be submitted in the manner required by the organizations unless the employer is incapable of complying with the requirement.

    (B) A detail report to an eligible organization for a month must include:

      (i) the name, in alphabetical order, and social security number of each state employee from whose salary or wages a deduction was authorized by this section for the month, regardless of whether the deduction was actually made; and

      (ii) the amount of the deduction made for each employee.

    (C) This subparagraph applies when the comptroller or an institution of higher education pays membership fees to an eligible organization by warrant or check. The appropriate state agency must mail the detail report for the payment to the organization by no later than the 20th calendar day of the month in which the payment was made. If the 20th calendar day is not a workday, then the first workday following the 20th calendar day is the deadline for mailing the report.

    (D) This subparagraph applies when the comptroller or an institution of higher education pays membership fees to an eligible organization by electronic funds transfer. The appropriate state agency must mail the detail report for the payment to the organization by no later than the 20th calendar day of the month in which the payment was made. If the 20th calendar day is not a workday, then the first workday following the 20th calendar day is the deadline for mailing the report.

(m) Termination of certification.

  (1) Termination by the comptroller.

    (A) The comptroller may terminate the certification of an eligible organization only if the organization violatessubsection (e)(1) of this section.

    (B) The comptroller may determine the effective date of a termination under this paragraph. No deduction authorized by this section may be made to an eligible organization on or after the effective date of a termination under this paragraph.

    (C) When the comptroller terminates the certification of an eligible organization, the comptroller shall send written notice of the termination to the organization via certified mail, return receipt requested.

  (2) Termination by eligible organizations.

    (A) An eligible organization may terminate its participation in the deduction program authorized by this section only by terminating its certification.

    (B) An eligible organization may terminate its certification by providing written notice of termination to the comptroller. However, an organization may not provide written notice of termination to the comptroller until the organization has provided written notice of termination to each state employee from whose salary or wages a membership fee to the organization is being deducted.

    (C) An eligible organization's termination of its certification is effective beginning with the salary or wages that are paid on the first workday of the third month following the month in which the comptroller receives the organization's proper notice of termination.


Source Note: The provisions of this §5.46 adopted to be effective June 26, 1992, 17 TexReg 4256; amended to be effective June 24, 1998, 23 TexReg 6513.

Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page