34 Tex. Admin. Code § 5.46 - Deductions for Paying Membership Fees to Certain State Employee Organizations
(a) Definitions. The following words and
terms, when used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1)
CAPPS--The centralized accounting and payroll/personnel system, or any
successor system used to implement the enterprise resource planning component
of the uniform statewide accounting project, developed under Government Code,
§
2101.035 and §
2101.036.
(2) Comptroller--The Comptroller of Public
Accounts for the State of Texas.
(3) Eligible organization--A state employee
organization that the comptroller has certified in accordance with this section
and whose certification has not been terminated.
(4) Employer--A state agency that employs a
state employee who authorizes a deduction under this section.
(5) Fiscal year--The accounting period for
the state government which begins on September 1 and ends on August
31.
(6) Holiday--A state or
national holiday as specified by Government Code, §§
662.001 -
662.010. The term
does not include a holiday that the General Appropriations Act prohibits state
agencies from observing.
(7)
Include--Is 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.
(8)
Institution of higher education--Has the meaning assigned by Education Code,
§
61.003.
(9) May not--Is a prohibition. The term does
not mean "might not" or its equivalents.
(10) Membership fee--The dues or fee that a
state employee organization requires a state employee to pay to maintain
membership in the organization.
(11) Salary or wage leveling agreement--A
contract or other agreement between a state employee and the employer that
requires the employer to pay the employee's total annual salary or wages over
12 months even though the employee is not scheduled to work each of those
months.
(12) Salary or wages--Base
salary or wages, longevity pay, or hazardous duty pay.
(13) State agency--A department, commission,
board, office, agency, or other entity of Texas state government, including an
institution of higher education.
(14) State employee--An employee of a state
agency. The term includes an elected or appointed official, a part-time
employee, an hourly employee, a temporary employee, an employee who is not
covered by Government Code, Chapter 654 (the Position Classification Act), and
a combination of the preceding. The term excludes an independent contractor and
an employee of an independent contractor.
(15) State employee organization--An
association, union, or other organization that advocates the interests of state
employees concerning grievances, compensation, hours of work, or other
conditions or benefits of employment.
(16) Texas identification number--The
14-digit number that the comptroller assigns to each direct recipient of a
payment made by the comptroller.
(17) Workday--A calendar day other than
Saturday, Sunday, or a holiday.
(b) Deductions.
(1) Authorization of deductions.
(A) A state employee may authorize one or
more monthly deductions from the employee's salary or wages to pay membership
fees to eligible organizations.
(B)
Neither a state agency nor a state employee organization may state or imply
that a state employee is required to authorize a deduction under this
section.
(C) A state employee may
provide an authorization only if the employee:
(i) submits to the employer's human resource
officer or payroll officer a properly completed authorization form establishing
a deduction; or
(ii) submits
through CAPPS a properly completed electronic authorization establishing a
deduction.
(D) Neither
the comptroller nor a state agency is liable or responsible for any damages or
other consequences resulting from a state employee's authorization of an
incorrect amount of a deduction under this section.
(E) Except as provided in subsection (i)(3)
of this section, neither the comptroller nor a state agency is responsible for
providing a state employee's membership information to an eligible
organization.
(2) Change
in the amount of a deduction or cancellation of a deduction.
(A) At any time, a state employee may
authorize a change in the amount to be deducted under this section from the
employee's salary or wages or cancel a deduction under this section.
(B) A state employee may authorize a change
in the amount of a deduction or a cancellation of a deduction under this
section only if the employee:
(i) submits to
the employer's human resource officer or payroll officer a properly completed
authorization form, cancellation form, or cancellation notice, as appropriate,
changing or cancelling a deduction; or
(ii) submits through CAPPS a properly
completed electronic authorization changing or canceling a deduction.
(C) Neither the comptroller nor a
state agency is liable or responsible for any damages or other consequences
resulting from a state employee's change of the amount of a deduction or
cancellation of a deduction under this section.
(D) If a state employee submits a
cancellation form or cancellation notice to the employer's human resource
officer or payroll officer, or submits an electronic authorization through
CAPPS cancelling a deduction, the state agency must notify the affected
eligible organization.
(3) Automatic change in the amount of a
deduction.
(A) An employer may change the
amount of a deduction under this section from the employee's salary or wages
without requiring the employee to submit a new authorization form only if:
(i) the employee's current authorization form
authorizes the employer to change the amount of a deduction under this section
from the employee's salary or wages without requiring the employee to submit a
new authorization form; and
(ii)
the change is needed because the eligible organization to which the employee
authorized a deduction has changed the amount of membership fees it charges to
state employees.
(B) Even
if a state employee provides the authorization under subparagraph (A) of this
paragraph, the employer may require the employee to submit a properly completed
authorization form to the employer before the employer changes the amount of a
deduction under this section from the employee's salary or wages.
(C) A state employee may provide the
authorization under subparagraph (A) of this paragraph only if the employee
submits to the employer's human resource officer or payroll officer a properly
completed authorization form.
(D)
When an eligible organization wants to change the amount of membership fees it
charges to state employees that are authorized under subparagraph (A) of this
paragraph, the organization must provide prior written notification of the
change to the comptroller. If the comptroller receives the notification on the
first calendar day of a month, the change is effective for the salary or wages
paid to state employees on the first workday of the second month following the
month in which the comptroller receives the notification. If the comptroller
receives the notification after the first calendar day of a month, the change
is effective for the wages and salaries paid to state employees on the first
workday of the third month following the month in which the comptroller
received the notification.
(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 authorized by this section.
(B) If a state employee's salary or wages are
sufficient to support only part of a deduction authorized by this section, no
part of the deduction may be made.
(C) The amount that could not be deducted
from a state employee's salary or wages because they were insufficient to
support the deduction may not be made up by deducting the amount from
subsequent payments of salary or wages to the employee.
(5) Timing of deductions.
(A) Except as provided in subparagraph (B) of
this paragraph, a deduction authorized by this section must be made from the
salary or wages that are paid on the first working day of a month.
(B) If a state employee does not receive a
payment of salary or wages on the first working day of a month, the employer
may designate the payment of salary or wages to the employee from which a
deduction authorized by this section will be made. A deduction authorized by
this section may be made only once each month.
(6) Regularity of deductions.
(A) This subparagraph applies to a state
employee who is scheduled by the employer to work each month of a year. A
deduction authorized by this section must be calculated so that the total
membership fee paid by a state employee per year is spread evenly over 12
monthly deductions.
(B) This
subparagraph applies to a state employee who is not scheduled by the employer
to work each month of a year.
(i) If a state
employee has entered into a salary or wage leveling agreement, a deduction
authorized by this section must be calculated so that the total membership fee
paid by the employee per year is spread evenly over the months the employee
will be paid under the agreement.
(ii) If a state employee has not entered into
a salary or wage leveling agreement, a deduction authorized by this section
must be calculated so that the total membership fee paid by the employee per
year is spread evenly over the months the employee will be paid.
(7) Retroactive
deductions.
(A) In this paragraph,
"retroactive deduction" means a deduction authorized by this section to the
extent the purpose of the deduction is:
(i) to
correct an error made in a previous month that resulted in the amount of money
deducted being less than the amount authorized by a state employee;
or
(ii) to catch up on the amount
of membership fees owed by a state employee to an eligible organization because
a deduction authorized by this section was not made in one or more previous
months.
(B) A retroactive
deduction is prohibited unless:
(i) an error
described in subparagraph (A)(i) of this paragraph was committed by the
employer; and
(ii) the eligible
organization that received the erroneous deduction consents to the retroactive
deduction.
(8)
Interagency transfers of state employees. A state employee who transfers from
one state agency to a second state agency must be treated by the second state
agency as if the employee has not yet authorized any deductions under this
section.
(c)
Effectiveness of authorizations.
(1)
Effective date of authorizations.
(A) This
subparagraph applies if a state agency receives a state employee's properly
completed authorization form or electronic authorization on the first calendar
day of a month.
(i) The first deduction
authorized by this section must be made from the employee's salary or wages
that are paid on the first workday of the first month following the month in
which the agency receives the authorization form or electronic
authorization.
(ii) If an
authorization form or electronic authorization is submitted to change the
amount of a deduction authorized by this section, the change is effective with
the deduction made on the first workday of the first month following the month
in which the agency receives the authorization form or electronic
authorization.
(B) This
subparagraph applies if a state agency receives a state employee's properly
completed authorization form or electronic authorization after the first
calendar day of a month.
(i) The first
deduction authorized by this section must be made from the employee's salary or
wages that are paid on the first workday of the second month following the
month in which the agency receives the authorization form or electronic
authorization. However, the agency may consent for the first deduction to occur
from the salary or wages that are paid on the first workday of the first month
following the month in which the agency receives the authorization form or
electronic authorization.
(ii) If
an authorization form or electronic authorization is submitted to change the
amount of a deduction authorized by this section, the change is effective with
the deduction made on the first workday of the second month following the month
in which the agency receives the authorization form or electronic
authorization. However, the agency may consent for the change to be effective
with the deduction made on the first workday of the first month following the
month in which the agency receives the authorization form or electronic
authorization.
(C) If the
first calendar day of a month is not a workday, the first workday following the
first calendar day is the deadline for the receipt of properly completed
authorization forms or electronic authorizations.
(D) A state employee is solely responsible
for ensuring that a properly completed authorization form or electronic
authorization is received by the employer by the deadline.
(E) An eligible organization's receipt of the
authorization form or electronic authorization is not a prerequisite to the
authorization becoming effective.
(2) Return of authorization forms.
(A) A state agency shall return an
authorization form to the state employee who submitted the form if:
(i) the form is incomplete, contains
erroneous data, or is otherwise insufficient; and
(ii) a deficiency listed in clause (i) of
this subparagraph makes it impossible for the agency to establish the deduction
in accordance with the form.
(B) A state agency may either accept an
authorization form from or return an authorization form to the state employee
who submitted the form when the form postpones the first deduction authorized
by this section beyond the effective date determined under paragraph (1) of
this subsection. If the agency accepts the authorization form, the agency may
not make the deduction effective before the effective date specified on the
form.
(C) A state agency shall
state in writing the reason for the return of an authorization form. The
statement must be attached to the form being returned.
(d) Effectiveness of cancellation
of deductions.
(1) Effective date of
cancellation of deductions.
(A) This
subparagraph applies if a state agency receives a state employee's properly
completed cancellation form, cancellation notice, or electronic authorization
on the first calendar day of a month. A state employee's cancellation of a
deduction authorized by this section is effective for the salary or wages paid
to the employee on the first workday of the first month following the month in
which the agency receives the cancellation form, cancellation notice, or
electronic authorization.
(B) This
subparagraph applies if a state agency receives a state employee's properly
completed cancellation form, cancellation notice, or electronic authorization
after the first calendar day of a month. A state employee's cancellation of a
deduction authorized by this section is effective for the salary or wages paid
to the employee on the first workday of the:
(i) second month following the month in which
the agency receives the cancellation form, cancellation notice, or electronic
authorization; or
(ii) first month
following the month in which the agency receives the cancellation form,
cancellation notice, or electronic authorization if the agency consents to this
effective date.
(C) If
the first calendar day of a month is not a workday, the first workday following
the first calendar day is the deadline for the receipt of properly completed
cancellation forms, cancellation notices, or electronic
authorization.
(D) A state employee
is solely responsible for ensuring that properly completed cancellation forms,
cancellation notices, and electronic authorization are received by the
deadline.
(E) An eligible
organization's receipt of the cancellation form, cancellation notice, or
electronic authorization is not a prerequisite to the cancellation becoming
effective.
(2) Return of
cancellation forms and cancellation notices.
(A) A state agency shall return a
cancellation form or cancellation notice to the state employee who submitted
the form or notice if:
(i) the form or notice
is incomplete, contains erroneous data, or is otherwise insufficient;
and
(ii) a deficiency listed in
clause (i) of this subparagraph makes it impossible for the agency to cancel
the deduction in accordance with the form or notice.
(B) A state agency shall state in writing the
reason for the return of a cancellation form or cancellation notice. The
statement must be attached to the form being returned.
(e) Authorization and cancellation
forms.
(1) The comptroller's approval of
authorization and cancellation forms.
(A) An
eligible organization may not distribute or provide an authorization or
cancellation form to a state employee until the organization has received the
comptroller's written approval of the form.
(B) As a condition for retaining its
eligibility, an eligible organization must produce an authorization form and a
cancellation form that comply with the comptroller's requirements and this
section. The organization must produce the forms within a reasonable time after
the organization receives its certification from the comptroller.
(C) The comptroller may approve an eligible
organization's authorization form if the form:
(i) clearly informs state employees that a
properly completed authorization form must be submitted to the employer's human
resource officer or payroll officer to authorize a deduction;
(ii) clearly informs state employees that a
copy of the properly completed authorization form should be provided to the
organization to notify the organization that the employee has authorized a
deduction;
(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.
(1) Payments by the comptroller through
electronic funds transfers. The comptroller shall pay deducted membership fees
to an eligible organization by electronic funds transfer.
(2) Payments by institutions of higher
education.
(A) This paragraph applies only to
membership fees in eligible organizations that have been deducted from salaries
or wages that the comptroller does not pay directly to state employees of
institutions of higher education.
(B) An institution of higher education shall
pay deducted membership fees to an eligible organization by electronic funds
transfer unless it is infeasible to do so.
(C) If it is infeasible for an institution of
higher education to pay deducted membership fees to an eligible organization by
electronic funds transfer, then the institution shall pay the fees by check.
The check must be mailed or delivered to the organization by no later than the
20th calendar day of the month following the month when the salary or wages
from which the deductions were made were earned. If the 20th calendar day of a
month is not a workday, then the first workday following the 20th calendar day
is the deadline for the mailing or delivery of checks.
(3) Reconciliation.
(A) An eligible organization shall reconcile
the detail report provided by a state agency under subsection (1)(4) of this
section with:
(i) the amount of membership
fees paid to the organization under this subsection; and
(ii) the organization's membership
information.
(B) An
eligible organization must submit to the agency, in a secure manner, a
reconciling items report, which identifies:
(i) any discrepancies between the detail
report provided by a state agency under subsection (l)(4) of this section and
the actual amount of membership fees received under this subsection;
and
(ii) the name of any employee
listed in the detail report provided by a state agency under subsection (l)(4)
of this section for whom the organization does not already have personal
contact information.
(C)
The organization must ensure that the agency receives the organization's
reconciling items report by no later than the 60th calendar day after the day
on which the agency submitted the detail report to the organization. If the
60th calendar day is not a workday, the first workday following the 60th
calendar day is the deadline.
(D) A
state agency that receives a reconciling items report from an eligible
organization shall investigate the reconciling items described in the
organization's reconciling items report, and notify the organization of the
action to be taken to eliminate the reconciling items. A reconciling item may
be eliminated by:
(i) making a retroactive
deduction if it is authorized by subsection (b)(7) of this section;
(ii) recovering an excessive payment to an
eligible organization of amounts deducted under this section from a subsequent
payment to the organization;
(iii)
recovering an excessive payment to an eligible organization of amounts deducted
under this section by obtaining a refund from the organization in accordance
with subsection (k)(5) of this section;
(iv) the agency making corrections to the
detail report if the report is incorrect; or
(v) providing the organization, in a secure
manner, with personal contact information for each employee identified in the
reconciling items report for whom the organization does not already have
personal contact information.
(E) If a state agency timely receives a
reconciling items report that identifies the information described in paragraph
(3)(B)(ii) of this subsection, the agency shall provide the information
described in paragraph (3)(D)(v) of this subsection to the organization no
later than the 10th calendar day after the day on which the agency received the
organization's reconciling items report. If the 10th calendar day is not a
workday, the first workday following the 10th calendar day is the deadline for
providing the information.
(4) Subordinate units of eligible
organizations.
(A) A chapter or other
subordinate unit of an eligible organization may receive directly from the
comptroller or an institution of higher education a payment of deducted
membership fees if the fees were deducted under authorization forms that
authorized the payment of the fees to the chapter or other subordinate unit of
the organization.
(B) A request to
pay deducted membership fees to a chapter or subordinate unit instead of the
parent eligible organization must be submitted to the comptroller by the
organization.
(C) The comptroller
may grant a request under subparagraph (B) of this paragraph only if the
membership fee structure of the chapter or subordinate unit is the same as the
membership fee structure of the parent eligible organization.
(D) The comptroller's granting of a request
under subparagraph (B) of this paragraph is not a certification of the chapter
or subordinate unit as an eligible organization.
(E) The comptroller may require an eligible
organization to submit proof that an entity is a chapter or other subordinate
unit of the organization before a payment of deducted membership fees is paid
directly to the entity. The comptroller may periodically require the
organization to submit proof that the entity is still a chapter or other
subordinate unit of the organization as a condition for continuing to pay
deducted membership fees directly to the entity.
(j) Solicitation. This section does not
prohibit the chief administrator of a state agency from permitting or
prohibiting solicitation by eligible organizations on the premises of the
agency.
(k) Responsibilities of
eligible organizations.
(1) Disseminating
information.
(A) An eligible organization is
solely responsible for the dissemination of relevant information to its
representatives and employees.
(B)
An eligible organization must ensure that its representatives and employees
comply with the requirements of this section.
(2) Notification to the comptroller. An
eligible organization must notify the comptroller in writing immediately after
a change occurs to:
(A) the organization's
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,
or mailing address of the organization's primary contact; or
(E) the organization's electronic funds
transfer information.
(3)
Primary contact. The individual that a state employee organization designates
as its primary contact must represent the organization for the purposes of:
(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) Texas identification number. The Texas
identification number of an eligible organization must appear on all
correspondence from the organization to the comptroller or a state
agency.
(5) 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 state employee
organization identified on an authorization form is listed on the comptroller's
website as an approved state employee organization for membership fee
deduction;
(C) may not accept an
authorization form that contains an obvious alteration without the state
employee's written consent to the alteration; and
(D) 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.
(3) Acceptance of cancellation forms and
cancellation notices. A state agency must accept a cancellation form or
cancellation notice from a state employee unless:
(A) the employee has not previously
authorized a monthly deduction from the employee's salary or wages to pay
membership fees to the eligible organization listed on the cancellation form or
cancellation notice; or
(B) the
employee did not properly complete the cancellation form or failed to provide
sufficient information in the cancellation notice.
(4) Detail reports to eligible organizations.
(A) An employer must submit, in a secure
manner, a detail report each month to each eligible organization that receives
the deductions.
(B) A detail report
to an eligible organization for a month must contain:
(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) An
employer must submit the detail report for the payment to the organization by
no later than the 15th calendar day of the month in which the payment was made.
If the 15th calendar day is not a workday, then the first workday following the
15th calendar day is the deadline for submitting 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 violates subsection (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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
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