H.B. No. 903
1-1 AN ACT
1-2 relating to payroll deductions for state employees for credit union
1-3 membership and for contributions to charitable organizations;
1-4 making an appropriation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Article 6813g, Revised Statutes, is amended to
1-7 read as follows:
1-8 Art. 6813g. Deductions for supplemental benefits for state
1-9 employees
1-10 Sec. 1. Definitions. In this article "state agency" means a
1-11 department, commission, board, office, or other agency of any
1-12 branch of state government, including an institution of higher
1-13 education as defined by Section 61.003, Education Code.
1-14 Sec. 2. Deduction authorized. In addition to deductions for
1-15 coverage under the Texas Employees Uniform Group Insurance Benefits
1-16 Act (Article 3.50-2, Vernon's Texas Insurance Code) or other law,
1-17 an employee of a state agency may authorize in writing a deduction
1-18 each pay period from the employee's salary or wage payment for
1-19 coverage of the employee under a supplemental optional benefits
1-20 program, including a program of permanent life insurance,
1-21 catastrophic illness insurance, disability insurance, or prepaid
1-22 legal services, that may be made if the program has been approved
1-23 by the Employees Retirement System of Texas under Section 3 of this
2-1 article. An employee may also authorize a deduction for payment to
2-2 a credit union to be credited to a share or deposit account of that
2-3 employee. The written authorization must direct the comptroller
2-4 or, if applicable, the appropriate financial officer of an
2-5 institution of higher education to transfer the withheld funds to
2-6 the program or credit union designated by the employee. The
2-7 comptroller or financial officer shall comply with the direction.
2-8 Sec. 3. Eligible program. The Employees Retirement System
2-9 of Texas shall designate supplemental benefit programs that are
2-10 eligible to receive deductions under Section 2 of this article and
2-11 that promote the interests of the state and state agency employees.
2-12 No designation is necessary for credit union deductions.
2-13 Sec. 4. Form; duration. (a) A <The> payroll deduction must
2-14 be accomplished in a form and manner prescribed by the comptroller
2-15 or the appropriate financial officer of an institution of higher
2-16 education.
2-17 (b) The employee or the employee's designee may change or
2-18 revoke a <the> deduction authorization by delivering written notice
2-19 of the change or revocation to the comptroller or financial
2-20 officer, as appropriate. An <The> authorization is effective until
2-21 the date the comptroller or financial officer receives the notice.
2-22 The notice must be given in a form and manner prescribed by the
2-23 comptroller or financial officer.
2-24 Sec. 5. Voluntary participation. Participation by employees
2-25 in the supplemental optional benefits or credit union deduction
3-1 programs <program> authorized by this article is voluntary.
3-2 Sec. 6. Administrative fee. (a) The state may withhold
3-3 from the employee's salary or wage payment an administrative fee
3-4 for making the deduction under this article. The fee may not
3-5 exceed the actual administrative cost of making the deduction or
3-6 the highest fee charged by the state for making a similar
3-7 deduction, whichever amount is less. The state shall allocate and
3-8 pay to each employing state agency that incurs costs in
3-9 administering this article the administrative fees on a
3-10 proportional basis. Any administrative fees withheld under this
3-11 section are appropriated to the comptroller and the employing state
3-12 agencies.
3-13 (b) Institutions of higher education that are authorized to
3-14 operate a payroll system reimbursable from the state treasury may
3-15 withhold from the employee's salary or wage payment an
3-16 administrative fee for making the deduction under this article.
3-17 The fee may not exceed the actual administrative cost of making the
3-18 deduction or the highest fee charged for making a similar
3-19 deduction, whichever amount is less.
3-20 SECTION 2. Title 117, Revised Statutes, is amended by adding
3-21 Article 6813h to read as follows:
3-22 Art. 6813h. PAYROLL DEDUCTIONS FOR CHARITABLE CONTRIBUTIONS
3-23 Sec. 1. DEFINITIONS. In this article:
3-24 (1) "Campaign manager" means a local campaign manager
3-25 or state campaign manager.
4-1 (2) "Charitable organization" means an organization
4-2 that:
4-3 (A) is organized for charitable purposes under
4-4 the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
4-5 Vernon's Texas Civil Statutes) and its subsequent amendments or
4-6 holds a certificate of authority issued under that Act;
4-7 (B) is exempt from taxation under Section 501(a)
4-8 of the Internal Revenue Code of 1986 as an organization described
4-9 in Section 501(c)(3) of that code and to which contributions are
4-10 deductible for income tax purposes under Section 170 of that code;
4-11 (C) fully complies with all applicable federal
4-12 nondiscrimination law, including Chapter 21, Title 42, United
4-13 States Code;
4-14 (D) fully complies with all state statutes and
4-15 rules relating to charitable organizations; and
4-16 (E) is not a private foundation.
4-17 (3) "Direct services" means providing funds or
4-18 programs for health and human services that directly benefit the
4-19 recipients.
4-20 (4) "Eligible charitable organization" means a
4-21 charitable organization that is determined to be eligible to
4-22 participate in the state employee charitable contribution campaign
4-23 as provided by Section 10 of this article.
4-24 (5) "Federated community campaign organization" means
4-25 a federation or fund that:
5-1 (A) has demonstrated expertise in conducting
5-2 workplace charitable campaigns; and
5-3 (B) distributes funds raised through a
5-4 cooperative community campaign to at least five agencies that
5-5 provide direct services to residents of the campaign area.
5-6 (6) "Federation or fund" means an umbrella fundraising
5-7 entity that:
5-8 (A) is a charitable organization;
5-9 (B) acts as an agent for at least five
5-10 charitable organizations;
5-11 (C) is not organized exclusively to solicit
5-12 contributions from state employees; and
5-13 (D) is supported by voluntary contributions by
5-14 the public and is:
5-15 (i) incorporated in this state and has an
5-16 established physical presence in this state in the form of an
5-17 office or service facility that is staffed at least 20 hours a
5-18 week; or
5-19 (ii) incorporated outside this state,
5-20 includes at least 10 affiliated charitable organizations, has
5-21 existed at least three years, and participates in state employee
5-22 charitable campaigns in at least 10 other states.
5-23 (7) "Health and human services" means services
5-24 provided by a charitable organization that:
5-25 (A) benefit citizens of this state, including
6-1 children, youth, adults, elderly individuals, ill or infirm
6-2 individuals, or individuals with a mental or physical disability;
6-3 and
6-4 (B) consist of:
6-5 (i) human care, medical or other research
6-6 in the field of human health, education, social adjustment, or
6-7 rehabilitation;
6-8 (ii) relief for victims of natural
6-9 disaster or other emergencies; or
6-10 (iii) assistance to impoverished
6-11 individuals in need of food, shelter, clothing, or other basic
6-12 needs.
6-13 (8) "Indirect services" means health and human
6-14 services that:
6-15 (A) are not direct services; and
6-16 (B) demonstrably benefit citizens of this state.
6-17 (9) "Institution of higher education" has the meaning
6-18 assigned by Section 61.003, Education Code.
6-19 (10) "International federation or fund" means a
6-20 federation or fund whose affiliated charities provide direct and
6-21 substantial health and human services to needy individuals of other
6-22 nations.
6-23 (11) "Local campaign area" means the county or
6-24 counties in which a local campaign manager conducts a state
6-25 employee charitable campaign.
7-1 (12) "Local campaign manager" means a federated
7-2 community campaign organization that is selected by the local
7-3 employee committee as provided by Section 7 of this article.
7-4 (13) "Local charitable organization" means a
7-5 charitable organization that:
7-6 (A) provides direct or indirect health and human
7-7 services; and
7-8 (B) is accessible to state employees in the
7-9 local campaign area by maintaining:
7-10 (i) a publicly identified office with a
7-11 professional or volunteer staff within the local campaign area that
7-12 is open at least 20 hours a week during normal working hours; and
7-13 (ii) a locally listed telephone number.
7-14 (14) "Local employee committee" means a local state
7-15 employee charitable campaign committee selected as provided by
7-16 Section 6 of this article.
7-17 (15) "State advisory committee" means the state
7-18 employee charitable campaign advisory committee appointed under
7-19 Section 5 of this article.
7-20 (16) "State agency" means a department, commission,
7-21 board, office, institution of higher education, or other agency of
7-22 state government.
7-23 (17) "State campaign manager" means an eligible
7-24 federated community campaign organization that is selected by the
7-25 state policy committee to coordinate campaign operations with local
8-1 campaign managers.
8-2 (18) "State employee" means an employee of a state
8-3 agency.
8-4 (19) "State employee charitable campaign" means an
8-5 annual campaign conducted in communities or areas in which state
8-6 employees work to solicit contributions to eligible charitable
8-7 organizations.
8-8 (20) "State policy committee" means the state employee
8-9 charitable campaign policy committee appointed under Section 4 of
8-10 this article.
8-11 (21) "Statewide charitable organization" means a
8-12 federation or fund and its affiliated agencies that:
8-13 (A) provides direct or indirect health and human
8-14 services to residents of two or more noncontiguous standard
8-15 metropolitan statistical areas of this state; and
8-16 (B) has demonstrated the federation or fund is
8-17 accessible to state employees by maintaining:
8-18 (i) a staff or volunteer representative
8-19 residing in this state who is accessible at least 20 hours a week
8-20 during normal working hours; and
8-21 (ii) a toll-free long distance telephone
8-22 number.
8-23 Sec. 2. DEDUCTION AUTHORIZED. (a) An employee of a state
8-24 agency may authorize a deduction each pay period from the
8-25 employee's salary or wage payment for a contribution. The
9-1 comptroller by rule may establish a reasonable minimum deduction
9-2 for each pay period.
9-3 (b) An authorization shall direct the comptroller to
9-4 distribute the deducted funds to participating federations or funds
9-5 and local campaign managers as prescribed by rule.
9-6 (c) An authorization may designate an eligible charitable
9-7 organization to receive the deductions. If an authorization does
9-8 not designate an eligible charitable organization, the employee's
9-9 deductions shall be distributed to each participating federation or
9-10 fund and eligible local charitable organization in the proportion
9-11 that the deductions designated for that charitable organization
9-12 bear to the total of designated deductions in the local state
9-13 employee charitable campaign.
9-14 (d) A deduction under this article must be in the form
9-15 prescribed by the comptroller.
9-16 (e) A state agency other than an institution of higher
9-17 education is not required to permit employees to authorize a
9-18 deduction under this article until the first full payroll period
9-19 after the agency is converted to a system in which uniform
9-20 statewide payroll procedures are followed.
9-21 Sec. 3. DURATION OF DEDUCTION. (a) A deduction under this
9-22 article ends on:
9-23 (1) the first anniversary of the date it begins; or
9-24 (2) the effective date of a revocation of or change in
9-25 the authorization by the employee.
10-1 (b) A state employee may revoke or change an authorization
10-2 by giving notice to the employing state agency. The notice must be
10-3 in the form and manner prescribed by the comptroller. A revocation
10-4 or change takes effect when it is approved by the comptroller.
10-5 Sec. 4. STATE EMPLOYEE CHARITABLE CAMPAIGN POLICY COMMITTEE.
10-6 (a) The state employee charitable campaign policy committee
10-7 consists of not more than 10 members.
10-8 (b) The governor may appoint not more than four members.
10-9 The lieutenant governor and the comptroller may appoint not more
10-10 than three members each.
10-11 (c) Each member of the state policy committee must be a
10-12 state employee. The membership must represent employees at
10-13 different levels of employee classification.
10-14 (d) Appointments shall be made to the state policy committee
10-15 in a manner that ensures that the committee reflects the race,
10-16 ethnicity, and national origin of the citizens of this state.
10-17 (e) The state policy committee has the duties provided by
10-18 Section 9(c) of this article.
10-19 Sec. 5. STATE EMPLOYEE CHARITABLE CAMPAIGN ADVISORY
10-20 COMMITTEE. (a) The state employee charitable campaign advisory
10-21 committee consists of eight members appointed by the governor.
10-22 (b) Four members must represent campaign managers. Four
10-23 members must represent federations or funds that are not campaign
10-24 managers.
10-25 (c) Appointments shall be made to the state advisory
11-1 committee in a manner that ensures that the committee reflects the
11-2 race, ethnicity, and national origin of the citizens of this state.
11-3 (d) The state advisory committee has the duties provided by
11-4 Section 9(d) of this article.
11-5 Sec. 6. LOCAL STATE EMPLOYEE CHARITABLE CAMPAIGN COMMITTEE.
11-6 (a) The state policy committee shall appoint the presiding officer
11-7 of a local state employee charitable campaign committee in each
11-8 local campaign area.
11-9 (b) The presiding officer of a local employee committee
11-10 shall recruit at least five but not more than 10 additional
11-11 members. The members must represent different levels of employee
11-12 classification.
11-13 (c) Each member of a local employee committee may vote on
11-14 matters before the committee.
11-15 (d) Appointments shall be made to a local employee committee
11-16 in a manner that ensures that the committee reflects the race,
11-17 ethnicity, and national origin of the citizens of the local
11-18 campaign area for which appointments are being made.
11-19 (e) A local employee committee has the duties provided by
11-20 Section 9(e) of this article.
11-21 Sec. 7. LOCAL CAMPAIGN MANAGER. (a) A local employee
11-22 committee shall select a local campaign manager to conduct the
11-23 state employee charitable campaign in the local campaign area.
11-24 (b) A local campaign manager must have demonstrated
11-25 expertise to:
12-1 (1) provide effective campaign counsel and management;
12-2 and
12-3 (2) serve as fiscal agent for the eligible local
12-4 charitable organizations.
12-5 (c) A local campaign manager has the duties provided by
12-6 Section 9(g) of this article.
12-7 Sec. 8. TERMS OF COMMITTEE MEMBERS; COMPENSATION. (a) A
12-8 member of the state advisory committee, the state policy committee,
12-9 or a local employee committee serves a two-year term.
12-10 (b) A member of the state advisory committee, the state
12-11 policy committee, or a local employee committee may not receive
12-12 compensation for serving on the committee and is not entitled to
12-13 reimbursement for expenses incurred in performing functions as a
12-14 member of the committee.
12-15 Sec. 9. ADMINISTRATION OF STATE EMPLOYEE CHARITABLE
12-16 CAMPAIGN. (a) A state employee charitable campaign shall be
12-17 conducted each autumn. A state employee charitable campaign must
12-18 be managed fairly and equitably in accordance with this article and
12-19 the policies and procedures established by the state policy
12-20 committee.
12-21 (b) With the advice of the state advisory committee, the
12-22 comptroller shall adopt rules for the administration of this
12-23 article.
12-24 (c) The state policy committee shall:
12-25 (1) establish local campaign areas based on
13-1 recommendation by the state advisory committee;
13-2 (2) select the state campaign manager;
13-3 (3) determine the eligibility of federations or funds
13-4 and their affiliated agencies for statewide participation in the
13-5 state employee charitable campaign;
13-6 (4) approve the recommended campaign plan, budget, and
13-7 generic materials to be used by campaign managers;
13-8 (5) oversee the state employee charitable campaign to
13-9 ensure that all campaign activities are conducted fairly and
13-10 equitably to promote unified solicitation on behalf of all
13-11 participants; and
13-12 (6) perform other duties prescribed by the
13-13 comptroller's rules.
13-14 (d) The state advisory committee shall:
13-15 (1) advise the comptroller and state policy committee
13-16 in adopting rules and establishing procedures for the operation and
13-17 management of the state employee charitable campaign;
13-18 (2) recommend the number, not to exceed 50, and
13-19 geographic scope of local campaign areas to the state policy
13-20 committee; and
13-21 (3) review and submit the recommended campaign plan,
13-22 budget, and generic materials to be used by campaign managers.
13-23 (e) The local employee committee shall:
13-24 (1) contract with a federated community campaign
13-25 organization to serve as the local campaign manager;
14-1 (2) determine the eligibility of local charitable
14-2 organizations to participate in the state employee charitable
14-3 campaign;
14-4 (3) in consultation with the local campaign manager,
14-5 approve the recommended campaign plan, budget, and generic
14-6 materials to be used by campaign managers;
14-7 (4) oversee the local state employee charitable
14-8 campaign to ensure that all local campaign activities are conducted
14-9 fairly and equitably to promote unified solicitation on behalf of
14-10 all participants; and
14-11 (5) perform other duties prescribed by the
14-12 comptroller's rules.
14-13 (f) The state campaign manager shall:
14-14 (1) develop a campaign plan;
14-15 (2) prepare a statewide campaign budget in cooperation
14-16 with the local campaign managers;
14-17 (3) prepare generic materials to be used by campaign
14-18 managers;
14-19 (4) coordinate and facilitate campaign services to
14-20 state employees throughout the state;
14-21 (5) ensure that all state employee charitable campaign
14-22 activities are conducted fairly and equitably to promote unified
14-23 solicitation on behalf of all participants; and
14-24 (6) perform other duties prescribed by the
14-25 comptroller's rules.
15-1 (g) A local campaign manager shall:
15-2 (1) in consultation with the local employee committee,
15-3 develop a cooperative plan, budget, and local campaign materials
15-4 for the local state employee charitable campaign;
15-5 (2) manage the local state employee charitable
15-6 campaign and provide for the effective involvement of each
15-7 participating federation or fund;
15-8 (3) ensure that all local state employee charitable
15-9 campaign activities are conducted fairly and equitably to promote
15-10 unified solicitation on behalf of all participants; and
15-11 (4) perform other duties prescribed by the
15-12 comptroller's rules.
15-13 Sec. 10. ELIGIBILITY OF CHARITABLE ORGANIZATIONS IN GENERAL.
15-14 (a) To be eligible to participate in a state employee charitable
15-15 campaign, a charitable organization must:
15-16 (1) be governed by a voluntary board of citizens that
15-17 meets at least twice each year to set policy and manage the affairs
15-18 of the organization;
15-19 (2) if the organization's annual budget:
15-20 (A) does not exceed $100,000, provide a
15-21 completed Internal Revenue Service Form 990 and an accountant's
15-22 review that offers full and open disclosure of the organization's
15-23 internal operations; or
15-24 (B) exceeds $100,000, be audited annually in
15-25 accordance with generally accepted auditing standards of the
16-1 American Institute of Certified Public Accountants; and
16-2 (3) not spend more than 25 percent of its annual
16-3 revenue for administrative and fundraising expenses, unless the
16-4 state policy committee grants the organization an exemption under
16-5 Subsection (b) of this section.
16-6 (b) The state policy committee may grant a charitable
16-7 organization a temporary exemption from the requirement of
16-8 Subsection (a)(3) of this section if the committee finds that:
16-9 (1) the organization's administrative and fundraising
16-10 expenses are reasonable under the circumstances; and
16-11 (2) the organization has a practical plan to reduce
16-12 its administrative and fundraising expenses to 25 percent of its
16-13 annual revenue within the next three years.
16-14 Sec. 11. ELIGIBILITY FOR STATEWIDE PARTICIPATION. (a) A
16-15 federation or fund that seeks statewide participation in a state
16-16 employee charitable campaign must apply on behalf of itself and its
16-17 affiliated agencies to the state policy committee during the annual
16-18 eligibility determination period specified by the committee. The
16-19 state policy committee shall review each application and may
16-20 approve a federation or fund for statewide participation only if
16-21 the federation or fund qualifies as a statewide charitable
16-22 organization or as an international federation or fund. The state
16-23 policy committee may approve an affiliated charitable organization
16-24 for statewide participation only if the organization qualifies as a
16-25 statewide charitable organization or is an affiliated agency of an
17-1 international federation or fund.
17-2 (b) An affiliated organization of an eligible federation or
17-3 fund that does not qualify as a statewide charitable organization
17-4 because it does not provide services in two or more noncontiguous
17-5 standard metropolitan statistical areas may apply to a local
17-6 employee committee for participation in a local state employee
17-7 charitable campaign.
17-8 (c) The state policy committee may use outside expertise and
17-9 resources available to it to assess the eligibility of charitable
17-10 organizations that seek to participate in a state employee
17-11 charitable campaign.
17-12 (d) An appeal from a decision of the state policy committee
17-13 shall be conducted in the manner prescribed by the committee. The
17-14 appeals process must permit a charitable organization that is not
17-15 approved for statewide participation to apply for participation in
17-16 a local state employee charitable campaign.
17-17 Sec. 12. ELIGIBILITY FOR LOCAL PARTICIPATION. (a) A
17-18 charitable organization that seeks local participation in a state
17-19 employee charitable campaign must apply to the appropriate local
17-20 employee committee during the annual eligibility determination
17-21 period specified by the state policy committee. The local employee
17-22 committee shall review each application and may approve a
17-23 charitable organization for local participation only if the
17-24 organization qualifies as a local charitable organization and is:
17-25 (1) an unaffiliated local organization; or
18-1 (2) a federation or fund or an affiliate of a
18-2 federation or fund that is not approved for statewide
18-3 participation.
18-4 (b) An appeal from a decision of a local employee committee
18-5 shall be conducted in the manner prescribed by the state policy
18-6 committee.
18-7 Sec. 13. FEES. (a) A campaign manager may not charge a fee
18-8 to the comptroller, a state agency, or a state employee for the
18-9 services the campaign manager provides in connection with a state
18-10 employee charitable campaign.
18-11 (b) A campaign manager may charge a reasonable and necessary
18-12 fee for actual campaign expenses to the participating charitable
18-13 organizations in the same proportion that the contributions to that
18-14 charitable organization bear to the total of contributions in the
18-15 state employee charitable campaign.
18-16 (c) A fee under Subsection (b) of this section must be based
18-17 on the combined expenses of the state campaign manager and each
18-18 local campaign manager and may not exceed 10 percent of the total
18-19 amount collected in the state employee charitable campaign unless
18-20 the state policy committee approves a higher amount to accommodate
18-21 reasonable documented costs.
18-22 (d) The comptroller shall charge an administrative fee to
18-23 cover costs incurred by the comptroller and employing state
18-24 agencies in the implementation of this article to the charitable
18-25 organizations participating in the first state employee charitable
19-1 campaign conducted under this article in the same proportion that
19-2 the contributions to that charitable organization bear to the total
19-3 of contributions in that campaign. The comptroller shall charge an
19-4 administrative fee to cover costs incurred by the comptroller and
19-5 employing state agencies in the administration of this article to
19-6 the charitable organizations in each subsequent state employee
19-7 charitable campaign in the same proportion that the contributions
19-8 to that charitable organization bear to the total of contributions
19-9 in that campaign. The comptroller shall determine the most
19-10 efficient and effective method of collecting the administrative fee
19-11 and shall adopt rules for the implementation of this section.
19-12 (e) An institution of higher education that is authorized to
19-13 operate a payroll system reimbursable from the state treasury shall
19-14 charge an administrative fee to the participating charitable
19-15 organizations to cover the actual costs incurred in the
19-16 administration of this article. The fee shall be assessed and
19-17 collected annually and shall be charged in the same proportion that
19-18 the contributions to the charitable organization bear to the total
19-19 contributions in that campaign.
19-20 Sec. 14. FUNDRAISING PRACTICES. The fundraising practices
19-21 of a participating charitable organization must:
19-22 (1) be truthful and consumer-oriented;
19-23 (2) clearly identify and distinguish community-based
19-24 organizations from statewide and international organizations; and
19-25 (3) assure protection against:
20-1 (A) unauthorized use of a list of contributors
20-2 to the organization;
20-3 (B) payment of commissions, kickbacks, finder
20-4 fees, percentages, bonuses, or overrides for fundraising;
20-5 (C) mailing unordered merchandise or tickets
20-6 with a request for money in return; and
20-7 (D) general telephone solicitation of the
20-8 public.
20-9 Sec. 15. APPLICATION OF CONTRIBUTIONS. (a) A participating
20-10 charitable organization may use contributions under this article
20-11 only to provide health and human services or to fund a charitable
20-12 organization that provides health and human services.
20-13 (b) A participating charitable organization may not use
20-14 contributions under this article to:
20-15 (1) conduct litigation; or
20-16 (2) make expenditures that would require the
20-17 organization to register under Chapter 305, Government Code, if the
20-18 organization were not an entity exempt from registration under that
20-19 chapter.
20-20 Sec. 16. MISAPPLICATION OF CONTRIBUTIONS. (a) If the state
20-21 policy committee has reason to believe that a participating
20-22 charitable organization, a campaign manager, or a local employee
20-23 committee has misapplied contributions under this article, the
20-24 state policy committee may request the comptroller or state auditor
20-25 to audit the person.
21-1 (b) If an audit under this section reveals gross negligence
21-2 or intentional misconduct on the part of a campaign manager or a
21-3 local employee committee, the state policy committee shall remove
21-4 the campaign manager or local employee committee. A person removed
21-5 under this subsection is not eligible to serve in the capacity from
21-6 which the person was removed before the fifth anniversary of the
21-7 date the person was removed.
21-8 (c) If an audit under this section reveals intentional
21-9 misconduct on the part of a campaign manager or a local employee
21-10 committee, the state policy committee shall forward its findings to
21-11 the appropriate law enforcement agency for further action.
21-12 (d) The attorney general may bring an action in a court of
21-13 competent jurisdiction to recover misapplied contributions.
21-14 (e) If an investigation or lawsuit results in a recovery of
21-15 misapplied contributions and there is not a judgment distributing
21-16 the amounts recovered, the state policy committee shall instruct
21-17 the comptroller as to the manner of refunding contributions to the
21-18 appropriate state employees.
21-19 Sec. 17. VOLUNTARY PARTICIPATION. (a) Participation by a
21-20 state employee in a state employee charitable campaign is
21-21 voluntary. Each campaign manager, local employee committee,
21-22 charitable organization, state employee, and state agency shall
21-23 inform state employees that deductions are voluntary.
21-24 (b) The comptroller shall adopt rules establishing a process
21-25 for hearing employee complaints regarding coercive activity in a
22-1 state employee charitable campaign.
22-2 Sec. 18. CONFIDENTIALITY. Except as necessary to administer
22-3 this article or on written authorization of the employee, the
22-4 following information is confidential:
22-5 (1) whether a state employee has authorized a
22-6 deduction under this article;
22-7 (2) the amount of a deduction authorized by a state
22-8 employee under this article; and
22-9 (3) the name of a federation or fund or local
22-10 charitable organization that a state employee has designated to
22-11 receive contributions under this article, unless the employee has
22-12 executed a written pledge card or other document indicating that
22-13 the employee wishes to receive an acknowledgement from the
22-14 designated charitable organization.
22-15 Sec. 19. EXEMPTION FOR INTERNATIONAL FEDERATION OR FUND. An
22-16 international federation or fund is exempt from the requirements of
22-17 this article relating to the provision of health and human services
22-18 to citizens of this state.
22-19 SECTION 3. In addition to other amounts appropriated to the
22-20 comptroller or an employing state agency for the fiscal biennium
22-21 beginning September 1, 1993, the administrative fees authorized by
22-22 Section 13, Article 6813h, Revised Statutes, as added by this Act,
22-23 are appropriated to the comptroller and the employing state
22-24 agencies for the fiscal biennium beginning September 1, 1993, to
22-25 administer that article.
23-1 SECTION 4. The credit union payroll deduction program
23-2 authorized by Article 6813g, Revised Statutes, as amended by this
23-3 Act, may not be implemented until the earlier of January 1, 1994,
23-4 or the date that the comptroller adopts rules describing the
23-5 operation and implementation of the credit union payroll deduction
23-6 program.
23-7 SECTION 5. An institution of higher education is not
23-8 required to permit employees to authorize a deduction under Article
23-9 6813h, Revised Statutes, as added by this Act, until the first full
23-10 payroll period that occurs after six months after the publication
23-11 of rules adopted under Article 6813h, Revised Statutes, as added by
23-12 this Act.
23-13 SECTION 6. The importance of this legislation and the
23-14 crowded condition of the calendars in both houses create an
23-15 emergency and an imperative public necessity that the
23-16 constitutional rule requiring bills to be read on three several
23-17 days in each house be suspended, and this rule is hereby suspended,
23-18 and that this Act take effect and be in force from and after its
23-19 passage, and it is so enacted.