reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter F. Method and Frequency of Payment › Section 659.083. Payday

Sec. 659.083.  PAYDAY.  (a)  Except as provided by Subsection (b), the comptroller may not pay the salary of a state officer or employee before the first working day of the month following the payroll period.
(b)  The comptroller shall pay an employee who is paid twice a month under Section 659.082 on:
(1)  the first working day of the month following the payroll period that covers the last half of the preceding month;  and
(2)  the 15th day of the month or the first working day after the 15th for the payroll period that covers the first half of the month.
(c)  In this section, "working day" means a day other than Saturday, Sunday, or a national holiday as listed in the General Appropriations Act or Chapter 662.  A day does not cease to be a national holiday because a state agency maintains or is required to maintain a minimum working staff on the holiday.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 8.43, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter F. Method and Frequency of Payment › Section 659.084. Electronic Funds Transfer

Sec. 659.084.  ELECTRONIC FUNDS TRANSFER.  Salaries for state officers and employees paid once a month shall be paid through electronic funds transfer under Section 403.016 unless paid on warrant as permitted under that section.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter F. Method and Frequency of Payment › Section 659.085. Determining Amount of Monthly or Hourly Pay; Proportionate Requirement for Part-Time Pay

Sec. 659.085.  DETERMINING AMOUNT OF MONTHLY OR HOURLY PAY;  PROPORTIONATE REQUIREMENT FOR PART-TIME PAY.  (a)  The amount of monthly salary for an annual employee who maintains a 40-hour workweek and is covered under Chapter 658 is computed in accordance with the General Appropriations Act and equitable rules adopted by the comptroller.
(b)  For purposes of partial payment or other applicable situations, an employee's equivalent hourly rate of pay for a given month is computed in accordance with the General Appropriations Act and equitable rules adopted by the comptroller.  Alternatively, an institution of higher education as defined by Section 61.003, Education Code, may compute an employee's equivalent hourly rate of pay for a given month by dividing the employee's annual salary by 2080, which is the number of working hours in the standard work year.  This subsection applies only to full-time employees described by Subsection (a) and to part-time salaried employees.
(c)  When an employee is on leave without pay, compensation for the pay period will be reduced by an amount computed in accordance with the General Appropriations Act and equitable rules adopted by the comptroller.
(d)  An agency that may contract with its employees for employment for less than a 12-month period may make equal monthly salary payments under the contract during the contract period or during the fiscal year in accordance with the General Appropriations Act and equitable rules adopted by the comptroller.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter G. Supplemental Deductions › Section 659.101. Definition

Sec. 659.101.  DEFINITION.  In this subchapter, "state agency" means a department, commission, board, office, or other agency of any branch of state government, including an institution of higher education as defined by Section 61.003, Education Code.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter G. Supplemental Deductions › Section 659.102. Deduction for Supplemental Optional Benefits Program

Sec. 659.102.  DEDUCTION FOR SUPPLEMENTAL OPTIONAL BENEFITS PROGRAM.  (a)  An employee of a state agency may authorize in writing a deduction each pay period from the employee's salary or wage payment for coverage of the employee under an eligible supplemental optional benefits program. A deduction may be made each pay period from the employee's salary or wage payment without authorization in writing from the employee for participation in a 401(k) plan as provided by Section 609.5025.
(b)  The Employees Retirement System of Texas shall designate supplemental optional benefits programs that are eligible under this section and that promote the interests of the state and state agency employees.
(c)  The supplemental optional benefits program may include permanent life insurance, catastrophic illness insurance, disability insurance, prepaid legal services, or a qualified transportation benefit.
(d)  A qualified transportation benefit is a transportation benefit meeting the requirements of Section 132(f), Internal Revenue Code of 1986.  The Employees Retirement System of Texas shall determine a fee or charge that may be paid as a qualified transportation benefit.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1111, Sec. 9, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1310, Sec. 31, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1409 (H.B. 957), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter G. Supplemental Deductions › Section 659.103. Deduction to Credit Union

Sec. 659.103.  DEDUCTION TO CREDIT UNION.  (a)  An employee of a state agency may authorize in writing a deduction each pay period from the employee's salary or wage payment for payment to a credit union to be credited to a share or deposit account of the employee.
(b)  A designation by the Employees Retirement System of Texas is not necessary for a deduction under this section.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter G. Supplemental Deductions › Section 659.1031. Deduction of Membership Fees for Eligible State Employee Organizations

Sec. 659.1031.  DEDUCTION OF MEMBERSHIP FEES FOR ELIGIBLE STATE EMPLOYEE ORGANIZATIONS.  (a)  An employee of a state agency may authorize in writing a deduction each pay period from the employee's salary or wage payment for payment to an eligible state employee organization of a membership fee in the organization.
(b)  In this section, "eligible state employee organization" means a state employee organization with a membership of at least 2,000 active or retired state employees who hold or who have held certification from the Texas Commission on Law Enforcement.
Added by Acts 2003, 78th Leg., ch. 1310, Sec. 32, eff. June 20, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.33, eff. May 18, 2013.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter G. Supplemental Deductions › Section 659.104. Authorization

Sec. 659.104.  AUTHORIZATION.  (a)  An authorization for a deduction under this subchapter must direct the comptroller or, if applicable, the appropriate financial officer of an institution of higher education to transfer the withheld funds to the program, eligible state employee organization, or credit union designated by the employee.
(b)  The comptroller or financial officer shall comply with the direction.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 33, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter G. Supplemental Deductions › Section 659.105. Form and Manner

Sec. 659.105.  FORM AND MANNER.  A deduction under this subchapter must be made in a form and manner prescribed by the comptroller or the appropriate financial officer of an institution of higher education.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter G. Supplemental Deductions › Section 659.106. Duration

Sec. 659.106.  DURATION.  (a)  An employee authorizing a deduction under this subchapter or a person designated by the employee may change or revoke the authorization by delivering written notice of the change or revocation to the comptroller or the appropriate financial officer of an institution of higher education.
(b)  An authorization is effective until the comptroller or financial officer receives the notice.
(c)  The notice must be given in the form and manner prescribed by the comptroller or financial officer.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter G. Supplemental Deductions › Section 659.107. Authorization Voluntary

Sec. 659.107.  AUTHORIZATION VOLUNTARY.  The making of an authorization for a deduction under this subchapter by the employee is voluntary.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter G. Supplemental Deductions › Section 659.108. Withholding of Administrative Fee

Sec. 659.108.  WITHHOLDING OF ADMINISTRATIVE FEE.  (a)  The state may withhold from the employee's salary or wage payment an administrative fee for making a deduction under this subchapter.
(b)  An institution of higher education that is authorized to operate a payroll system reimbursable from the state treasury may withhold from the employee's salary or wage payment an administrative fee for making the deduction under this subchapter.
(c)  The administrative fee may not exceed the lower of the actual administrative cost of making the deduction or the highest fee charged by the state or institution, as appropriate, for making another similar deduction.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter G. Supplemental Deductions › Section 659.109. Allocation of Administrative Fees

Sec. 659.109.  ALLOCATION OF ADMINISTRATIVE FEES.  The state shall allocate and pay to each state agency that incurs costs in administering this subchapter the agency's proportional amount of the administrative fees collected by the state under this subchapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.16(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 40, eff. June 19, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter G. Supplemental Deductions › Section 659.110. Rules

Sec. 659.110.  RULES.  The comptroller may establish procedures and adopt rules to administer the credit union and the eligible state employee organization membership fee deduction programs authorized by this subchapter.
Added by Acts 1997, 75th Leg., ch. 1035, Sec. 16, eff. June 19, 1997.  Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 34, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter H. Benefit Replacement Pay › Section 659.121. Definitions

Sec. 659.121.  DEFINITIONS.  In this subchapter:
(1)  "Compensation" means, except as provided by Section 659.124, salary or wages subject to tax under the Federal Insurance Contributions Act.
(2)  "Eligible state employee" means an individual who was on August 31, 1995:
(A)  employed by a state agency and eligible for state payment of the employee tax under Section 606.064 as that section existed on that date;
(B)  using unpaid leave from a position with a state agency, if the individual would have been eligible for state payment of the employee tax under Section 606.064 as that section existed on that date had the individual not been using unpaid leave from the position;  or
(C)  not working for a state agency if:
(i)  the individual was not working on that date solely because the individual's employment with the agency customarily does not include the summer months;
(ii)  the individual had contracted with the agency not later than that date for the individual to resume working for the agency not later than September 2, 1995;  and
(iii)  the position held by the individual on September 2, 1995, would have made the individual eligible for state payment of the employee tax under Section 606.064 as that section existed on August 31, 1995, if the employee had held the position on that date.
(3)  "Eligible state-paid judge" means an individual who on August 31, 1995:
(A)  held office;  and
(B)  was eligible for state payment of the employee tax under Section 606.065 as that section existed on that date.
(4)  "Employee tax" means the tax that state employees and state-paid judges pay under the Federal Insurance Contributions Act.
(5)  "Retirement contribution" means a mandatory contribution by an eligible state employee or eligible state-paid judge to a retirement system.
(6)  "Retirement system" means the Teacher Retirement System of Texas, the Employees Retirement System of Texas, the optional retirement program governed by Chapter 830, the Judicial Retirement System of Texas Plan One, or the Judicial Retirement System of Texas Plan Two.
(7)  "State agency" has the meaning assigned by Section 606.061.
Added by Acts 1995, 74th Leg., ch. 417, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter H. Benefit Replacement Pay › Section 659.122. Inclusion of Benefit Replacement Pay

Sec. 659.122.  INCLUSION OF BENEFIT REPLACEMENT PAY.  The salary or wages paid after December 31, 1995, to an eligible state employee or an eligible state-paid judge includes benefit replacement pay in the amount provided by Section 659.123.
Added by Acts 1995, 74th Leg., ch. 417, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter H. Benefit Replacement Pay › Section 659.123. Amount of Benefit Replacement Pay

Sec. 659.123.  AMOUNT OF BENEFIT REPLACEMENT PAY.  (a)  Except as provided by Section 659.124, the benefit replacement pay of an eligible state employee or an eligible state-paid judge for a pay period is equal to the sum of:
(1)  5.85 percent of the compensation earned by the employee or judge during the pay period, subject to the limit provided by Subsection (b);  and
(2)  an additional amount equal to the retirement contribution paid by the employee or judge because of the benefit replacement pay provided by this subsection.
(b)  The amount paid to an eligible state employee or an eligible state-paid judge under Subsection (a)(1) may not exceed $965.25 each calendar year.
Added by Acts 1995, 74th Leg., ch. 417, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter H. Benefit Replacement Pay › Section 659.124. Amount of Benefit Replacement Pay for Higher Education Employees

Sec. 659.124.  AMOUNT OF BENEFIT REPLACEMENT PAY FOR HIGHER EDUCATION EMPLOYEES.  (a)  For a state employee employed by an institution of higher education, the benefit replacement pay is an increase in compensation equal to the sum of:
(1)  5.85 percent of the employee's compensation as of October 31, 1995, subject to the limit provided by Subsection (b);  and
(2)  an additional amount equal to the retirement contribution paid by the employee because of the benefit replacement pay provided by this subsection.
(b)  The amount paid to an eligible state employee of an institution of higher education under Subsection (a)(1) may not exceed $965.25.
(c)  In this section, "compensation" means annualized base salary or wages, including longevity and hazardous duty pay.
Added by Acts 1995, 74th Leg., ch. 417, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter H. Benefit Replacement Pay › Section 659.125. Paying Benefit Replacement Pay in Equal Installments

Sec. 659.125.  PAYING BENEFIT REPLACEMENT PAY IN EQUAL INSTALLMENTS.  (a)  Unless prohibited by a state agency under Subsection (b), an eligible state employee or an eligible state-paid judge may choose for the benefit replacement pay that the employee or judge is eligible to receive in a calendar year to be paid in equal installments in that year.  The employee or judge must exercise this option before the beginning of the year.  This subsection applies only to an eligible state employee or an eligible state-paid judge whose benefit replacement pay under Section 659.123(a)(1) will be $965.25 during that year if the employee or judge remains in the position at the same compensation during the year.
(b)  A state agency may prohibit an eligible state employee or an eligible state-paid judge from exercising the option described by Subsection (a) if the agency pays the employee's or judge's compensation.
(c)  An eligible state employee or an eligible state-paid judge who exercises the option described by Subsection (a) for a calendar year and who terminates employment or leaves office before the end of that year is ineligible to be paid the difference between the benefit replacement pay received by the employee or judge and the benefit replacement pay the employee or judge would have received had the employee or judge not exercised the option described by Subsection (a).
Added by Acts 1995, 74th Leg., ch. 417, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter H. Benefit Replacement Pay › Section 659.126. Loss of Eligibility to Receive Benefit Replacement Pay

Sec. 659.126.  LOSS OF ELIGIBILITY TO RECEIVE BENEFIT REPLACEMENT PAY.  (a)  An eligible state employee who leaves state employment after August 31, 1995, for at least 30 consecutive days, on returning to state employment or on assuming a state office, is ineligible to receive benefit replacement pay.
(b)  An eligible state-paid judge who leaves office after August 31, 1995, for at least 30 consecutive days, on return to state office or on accepting a state employment, is ineligible to receive benefit replacement pay.
(c)  For purposes of Subsection (a), a state employee is not considered to have left state employment:
(1)  while the state employee is on an unpaid leave of absence as provided by Section 661.909; or
(2)  during a period of time the employee is not working for the state because the employee's employment with the state customarily does not include that period of time, such as a teacher whose employment does not invariably include the summer months.
(d)  An eligible state employee who retired from state employment on or after June 1, 2005, and who receives an annuity based wholly or partly on service as a state officer or state employee in a public retirement system, as defined by Section 802.001, that was credited to the state employee is ineligible to receive benefit replacement pay.
Added by Acts 1995, 74th Leg., ch. 417, Sec. 3, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 13.04, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter H. Benefit Replacement Pay › Section 659.127. Administration

Sec. 659.127.  ADMINISTRATION.  The comptroller may adopt rules and establish procedures and reporting requirements to administer this subchapter.
Added by Acts 1995, 74th Leg., ch. 417, Sec. 3, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.1311. Public Junior Colleges

Sec. 659.1311.  PUBLIC JUNIOR COLLEGES.  (a)  For purposes of this subchapter, a public junior college is considered to be an institution of higher education and employees of the public junior college are considered to be state employees during a state fiscal year unless an affirmative decision not to participate under this subchapter is made by the governing board of the public junior college not later than April 1 of the preceding state fiscal year.
(b)  An employee of a public junior college that elects not to participate in the state employee charitable contribution program may authorize a deduction from the employee's salary or wage payment for a charitable contribution as provided by the policy of the governing board of the public junior college.
(c)  Participation by an employee of a public junior college under this section is voluntary.
Added by Acts 1997, 75th Leg., ch. 1253, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.132. Deduction Authorized

Sec. 659.132.  DEDUCTION AUTHORIZED.  (a)  A state employee may authorize a deduction each pay period from the employee's salary or wage payment for a charitable contribution as provided by this subchapter.
(b)  Except as provided by Subsections (c), (d), and (e), a state employee may authorize a deduction only during a state employee charitable campaign.
(c)  A state employee who begins working for the state when a campaign is not being conducted may authorize a deduction according to the comptroller's requirements.
(d)  A state employee who works for a state agency that does not allow deduction authorizations under Subsection (i) may authorize a deduction that is effective with the first full payroll period after the agency is converted to a system in which uniform statewide payroll procedures are followed.
(e)  A state employee who works for a state agency that does not allow deduction authorizations under Subsection (i) may authorize a deduction after transferring from that agency to:
(1)  a state agency that allows deduction authorizations even though it may prohibit them under Subsection (i);  or
(2)  a state agency not covered by Subsection (i).
(f)  A state employee who authorized a deduction while working for a state agency may continue the deduction after transferring to another state agency if the comptroller's rules for continuing the deduction are followed.
(g)  An authorization must direct the comptroller to distribute the deducted funds to a participating federation or fund or a local charitable organization selected by the state policy committee as prescribed by rule.
(h)  A deduction under this subchapter must be in the form prescribed by the comptroller.
(i)  A state agency other than an institution of higher education is not required to permit an employee to authorize a deduction under this subchapter until the first full payroll period after the agency converts to a system in which uniform statewide payroll procedures are followed.
(j)  The comptroller by rule may establish a reasonable minimum deduction for each pay period.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 36, eff. June 19, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1315 (S.B. 217), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.133. Voluntary Participation

Sec. 659.133.  VOLUNTARY PARTICIPATION.  (a)  Participation by a state employee in a state employee charitable campaign is voluntary.  The state campaign manager, any local employee committee or local campaign manager appointed by the state policy committee, each charitable organization, each state employee, and each state agency shall inform state employees that deductions are voluntary.
(b)  The comptroller shall adopt rules establishing a process for hearing employee complaints regarding coercive activity in a state employee charitable campaign.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1315 (S.B. 217), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.134. Designation of an Eligible Charitable Organization

Sec. 659.134.  DESIGNATION OF AN ELIGIBLE CHARITABLE ORGANIZATION.  (a)  A state employee or retired state employee receiving benefits under Chapter 814 who chooses to make a deduction must designate in the authorization an eligible charitable organization to receive the deductions.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1015 (H.B. 2549), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.135. Confidentiality

Sec. 659.135.  CONFIDENTIALITY.  (a)  Except as necessary to administer this subchapter or on written authorization of the employee, the following information is confidential:
(1)  whether a state employee has authorized a deduction under this subchapter;
(2)  the amount of the deduction;  and
(3)  the name of a federation or fund or local charitable organization that a state employee has designated to receive contributions.
(b)  The designation of a charitable organization by a state employee is not confidential if the employee executes a written pledge card or other document indicating that the employee wishes to receive an acknowledgement from the charitable organization.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.136. Revocation or Change of Authorization

Sec. 659.136.  REVOCATION OR CHANGE OF AUTHORIZATION.  (a)  A state employee may revoke or change an authorization by giving notice to the employing state agency.  A state employee may not change the eligible charitable organization designated to receive the employee's deductions.
(b)  The notice must be in the form and manner prescribed by the comptroller.
(c)  A revocation or change takes effect on the date designated by the comptroller by rule.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 37, eff. June 19, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.137. Duration of Deduction

Sec. 659.137.  DURATION OF DEDUCTION.  (a)  A deduction under this subchapter begins on the date designated by the comptroller by rule.
(b)  A deduction under this subchapter is effective for a maximum of one campaign year and, unless revoked or changed under Section 659.136, ends on the date designated by the comptroller by rule.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 38, eff. June 19, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.138. Time of Campaign

Sec. 659.138.  TIME OF CAMPAIGN.  A state employee charitable campaign shall be conducted each autumn.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.139. Fair and Equitable Management of Campaign

Sec. 659.139.  FAIR AND EQUITABLE MANAGEMENT OF CAMPAIGN.  A state employee charitable campaign must be managed fairly and equitably in accordance with this subchapter and the policies and procedures established by the state policy committee.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.1401. Grounds for Removal From State Policy Committee

Sec. 659.1401.  GROUNDS FOR REMOVAL FROM STATE POLICY COMMITTEE.  (a)  It is a ground for removal from the state policy committee that a member:
(1)  does not have at the time of taking office the qualifications required by Section 659.140;
(2)  does not maintain during service on the state policy committee the qualifications required by Section 659.140;
(3)  is ineligible for membership under Section 659.140;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled state policy committee meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the state policy committee.
(b)  The validity of an action of the state policy committee is not affected by the fact that it is taken when a ground for removal of a state policy committee member exists.
(c)  If the chair of the state policy committee has knowledge that a potential ground for removal exists, the chair shall notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the chair, another member of the state policy committee shall notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1315 (S.B. 217), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.1402. Training for State Policy Committee Members

Sec. 659.1402.  TRAINING FOR STATE POLICY COMMITTEE MEMBERS.  (a)  A person who is appointed to and qualifies for office as a member of the state policy committee may not vote, deliberate, or be counted as a member in attendance at a meeting of the state policy committee until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the legislation that created the state employee charitable campaign;
(2)  the programs, functions, rules, and budget of the state employee charitable campaign;
(3)  the results of the most recent formal audit of the state employee charitable campaign;
(4)  the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and
(5)  any applicable ethics policies adopted by the Texas Ethics Commission or adopted for the state employee charitable campaign by the state policy committee.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1315 (S.B. 217), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.141. State Campaign Manager

Sec. 659.141.  STATE CAMPAIGN MANAGER.  The state campaign manager shall:
(1)  assist the state policy committee to:
(A)  develop a campaign plan;
(B)  develop a campaign budget; and
(C)   prepare generic materials to be used for the campaign;
(2)   coordinate and facilitate campaign services to state employees throughout the state;
(3)   ensure that all state employee charitable campaign activities are conducted fairly and equitably to promote unified solicitation on behalf of all participants;
(4)   perform other duties prescribed by the comptroller's rules; and
(5)  perform other duties required by the contract with the state policy committee.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1315 (S.B. 217), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.142. State Employee Charitable Campaign Advisory Committee

Sec. 659.142.  STATE EMPLOYEE CHARITABLE CAMPAIGN ADVISORY COMMITTEE.  (a)  The state employee charitable campaign advisory committee consists of eight members appointed by the governor.
(b)   Four members must represent statewide or local federations or funds.  Four members must represent other charitable organizations participating in the state employee charitable campaign.
(c)  The governor shall appoint members to the state advisory committee to ensure that the committee reflects the race, ethnicity, and national origin of the residents of this state.
(d)  With the advice of the state advisory committee, the comptroller shall adopt rules for the administration of this subchapter.
(e)  The state advisory committee shall:
(1)  advise the comptroller and state policy committee in adopting rules and establishing procedures for the operation and management of the state employee charitable campaign; and
(2)  provide input from charitable organizations participating in the state employee charitable campaign to the state policy committee.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1315 (S.B. 217), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.145. Terms of Committee Members; Compensation

Sec. 659.145.  TERMS OF COMMITTEE MEMBERS; COMPENSATION.  (a)  A member of the state advisory committee serves a two-year term.
(a-1)  Members of the state policy committee serve staggered terms of two years, with the terms of four or five members expiring September 1 of each year.
(b)  A member of the state advisory committee, the state policy committee, or a local employee committee appointed by the state policy committee may not receive compensation for serving on the committee and is not entitled to reimbursement from state funds for expenses incurred in performing functions as a member of the committee.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1319, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1315 (S.B. 217), Sec. 9, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.147. Eligibility of Charitable Organizations for Local Participation

Sec. 659.147.  ELIGIBILITY OF CHARITABLE ORGANIZATIONS FOR LOCAL PARTICIPATION.  (a)  A charitable organization that seeks to participate in the state employee charitable campaign only in a local campaign area must apply to the state policy committee during the annual eligibility determination period specified by the state policy committee.
(b)  The state policy committee, with assistance of any applicable local employee committee appointed by the state policy committee, shall review each application and may approve a charitable organization for participation only in a local campaign area only if the organization qualifies as a local charitable organization and is:
(1)  an unaffiliated local organization; or
(2)  a federation or fund or an affiliate of a federation or fund that is not approved for statewide participation.
(c)  An affiliated organization of an eligible federation or fund that does not qualify as a statewide charitable organization under Section 659.146 because it does not provide services in two or more noncontiguous standard metropolitan statistical areas may apply to the state policy committee for participation in the state employee charitable campaign only in a local campaign area.
(d)  An appeal from a decision of the state policy committee regarding the eligibility of an organization to participate in the state employee charitable campaign only in a local campaign area shall be conducted in the manner prescribed by the state policy committee.
(e)  The state policy committee shall develop guidelines for evaluation of applications based on eligibility criteria under this section and Section 659.150.  The state policy committee shall make the guidelines publicly available.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1315 (S.B. 217), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.149. Fund-Raising Practices

Sec. 659.149.  FUND-RAISING PRACTICES.  The fund-raising practices of a participating charitable organization must:
(1)  be truthful and consumer-oriented;
(2)  clearly identify and distinguish community-based organizations from statewide and international organizations;  and
(3)  ensure protection against:
(A)  unauthorized use of a list of contributors to the organization;
(B)  payment of commissions, kickbacks, finder fees, percentages, bonuses, or overrides for fund-raising;
(C)  mailing of unordered merchandise or tickets with a request for money in return;  and
(D)  general telephone solicitation of the public.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.150. Limitation on the Use of Contributions

Sec. 659.150.  LIMITATION ON THE USE OF CONTRIBUTIONS.  (a)  A participating charitable organization may use contributions under this subchapter only to provide health and human services or to fund a charitable organization that provides health and human services.
(b)  A participating charitable organization may not use contributions under this subchapter to:
(1)  directly or indirectly fund litigation;  or
(2)  make expenditures that would require the organization to register under Chapter 305 if the organization were not an entity exempt from registration under that chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 37, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.151. Misapplication of Contributions; Audit

Sec. 659.151.  MISAPPLICATION OF CONTRIBUTIONS;  AUDIT.  (a)  The state policy committee may request the comptroller or state auditor to audit a participating charitable organization, the state campaign manager, or a local employee committee or local campaign manager appointed by the state policy committee that the state policy committee reasonably believes has misapplied contributions under this subchapter.
(b)  If an audit under this section reveals gross negligence or intentional misconduct on the part of the state campaign manager or a local employee committee or local campaign manager appointed by the state policy committee, the state policy committee shall remove the campaign manager or local employee committee.  A person removed under this subsection is not eligible to serve in the capacity from which the person was removed before the fifth anniversary of the date the person was removed.
(c)  If an audit under this section reveals intentional misconduct on the part of the state campaign manager, a local employee committee or local campaign manager appointed by the state policy committee, or a participating charitable organization that has distributed money received from the state employee charitable campaign, the state policy committee shall forward its findings to the appropriate law enforcement agency.
(d)  The attorney general may bring an action to recover misapplied contributions.
(e)  If an investigation or lawsuit results in a recovery of misapplied contributions and there is not a judgment distributing the amounts recovered, the state policy committee shall instruct the comptroller as to the manner of refunding contributions to the appropriate state employees.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 15.01, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1315 (S.B. 217), Sec. 13, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter I. Charitable Contributions › Section 659.153. Legal Representation

Sec. 659.153.  LEGAL REPRESENTATION.  The attorney general shall represent the state policy committee and any local employee committee appointed by the state policy committee in all legal matters.
Added by Acts 1997, 75th Leg., ch. 1319, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1315 (S.B. 217), Sec. 14, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter J. Payroll Reduction or Deduction for Certain Employee Benefits at Institutions of Higher Education › Section 659.201. Definition

Sec. 659.201.  DEFINITION.  In this subchapter, "institution of higher education" has the meaning assigned by Section 61.003, Education Code.
Added by Acts 1997, 75th Leg., ch. 808, Sec. 1, eff. June 17, 1997.
Sec. 659.202.  PAYROLL REDUCTION OR DEDUCTION AUTHORIZED;  USE OF FUNDS.  (a)  An employee of an institution of higher education may authorize in writing a reduction each pay period from the employee's salary or wage payment for the payment of any fee or charge for parking, a parking permit, a transportation pass, or other qualified transportation benefit authorized under section 132(f), Internal Revenue Code of 1986, as amended. An authorization for a reduction under this subchapter by the employee must be voluntary.  The institution shall determine which fee or charge an employee may pay under this subsection.
(b)  An employee of an institution of higher education may authorize in writing a deduction each pay period from the employee's salary or wage payment for the payment of any fee or charge for parking or for a club membership, recreational sports membership, or similar activity or program.  An authorization for a deduction under this subchapter by the employee must be voluntary.  The institution shall determine which fee or charge an employee may pay under this subsection.
Added by Acts 1997, 75th Leg., ch. 808, Sec. 1, eff. June 17, 1997.  Amended by Acts 2001, 77th Leg., ch. 118, Sec. 2.08, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter J. Payroll Reduction or Deduction for Certain Employee Benefits at Institutions of Higher Education › Section 659.203. Form and Manner

Sec. 659.203.  FORM AND MANNER.  A deduction under this subchapter must be made in a form and manner prescribed by the appropriate financial officer of the institution of higher education.
Added by Acts 1997, 75th Leg., ch. 808, Sec. 1, eff. June 17, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter J. Payroll Reduction or Deduction for Certain Employee Benefits at Institutions of Higher Education › Section 659.204. Change; Duration

Sec. 659.204.  CHANGE;  DURATION.  (a)  An employee authorizing a deduction under this subchapter may change or revoke the authorization by delivering written notice of the change or revocation to the financial officer of the institution of higher education.
(b)  An authorization under this subchapter is effective until the financial officer receives a notice under Subsection (a) changing or revoking the authorization.
(c)  The notice given under Subsection (a) must be in the form and manner prescribed by the appropriate financial officer of the institution of higher education.
Added by Acts 1997, 75th Leg., ch. 808, Sec. 1, eff. June 17, 1997.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter J. Payroll Reduction or Deduction for Certain Employee Benefits at Institutions of Higher Education › Section 659.205. Status of Deduction or Salary Reduction

Sec. 659.205.  STATUS OF DEDUCTION OR SALARY REDUCTION.  (a)  If so designated by the employing institution of higher education, a salary deduction made by an employee under this subchapter shall be considered compensation under this chapter and salary and wages and member compensation under Title 8.
(b)  If authorized by federal law, a salary deduction or salary reduction under this subchapter may be made on a pretax basis.
Added by Acts 2001, 77th Leg., ch. 118, Sec. 2.09, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 6 - Public Officers and Employees › Subtitle B - State Officers and Employees › Chapter 659 - Compensation › Subchapter K. Promotions, Reclassifications, and Other Adjustments to Salary › Section 659.251. Applicability

Sec. 659.251.  APPLICABILITY.  (a)  This subchapter applies only to a state employee employed in the executive or judicial branch of state government.
(b)  The policies for promotions, demotions, and other adjustments to salary for employees of the legislative branch, including employees of the lieutenant governor, are determined as follows:
(1)  for employees of either house of the legislature, a member of the legislature, or the lieutenant governor, by the presiding officer of the appropriate house of the legislature;  and
(2)  for employees of a legislative agency, by the administrative head of the agency.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 16, eff. Sept. 1, 1999.