1-1 By: Holzheauser (Senate Sponsor - Parker) H.B. No. 2134
1-2 (In the Senate - Received from the House May 12, 1993;
1-3 May 13, 1993, read first time and referred to Committee on State
1-4 Affairs; May 24, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; May 24, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Harris of Dallas x
1-10 Rosson x
1-11 Carriker x
1-12 Henderson x
1-13 Leedom x
1-14 Lucio x
1-15 Luna x
1-16 Nelson x
1-17 Patterson x
1-18 Shelley x
1-19 Sibley x
1-20 West x
1-21 Whitmire x
1-22 COMMITTEE SUBSTITUTE FOR H.B. No. 2134 By: Carriker
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to payroll deductions for employees of state agencies;
1-26 making an appropriation.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. Title 117, Revised Statutes, is amended by adding
1-29 Article 6813h to read as follows:
1-30 Art. 6813h. DEDUCTION FOR PAYMENT TO EMPLOYEE'S CREDIT UNION
1-31 ACCOUNT
1-32 Sec. 1. DEFINITION. In this article, "state agency" has the
1-33 meaning assigned by Section 1, Article 6813g, Revised Statutes.
1-34 Sec. 2. DEDUCTION AUTHORIZED. In addition to other
1-35 deductions authorized by state or federal law, an employee of a
1-36 state agency may authorize in writing a deduction each pay period
1-37 from the employee's salary or wage payment for payment to a credit
1-38 union to be credited to an account of that employee. The written
1-39 authorization must direct the comptroller or, if applicable, the
1-40 appropriate financial officer of an institution of higher education
1-41 to transfer the withheld funds to the credit union for deposit to
1-42 the credit of the account designated by the employee. The
1-43 comptroller or financial officer shall comply with the direction.
1-44 Sec. 3. FORM; DURATION. (a) The payroll deduction must be
1-45 accomplished in a form and manner prescribed by the comptroller or
1-46 the appropriate financial officer of an institution of higher
1-47 education.
1-48 (b) The employee or the employee's designee may change or
1-49 revoke the deduction authorization by delivering written notice of
1-50 the change or revocation to the comptroller or financial officer of
1-51 an institution of higher education, as appropriate. The
1-52 authorization is effective until the date the comptroller or
1-53 financial officer receives the notice. The notice must be given in
1-54 a form and manner prescribed by the comptroller or financial
1-55 officer.
1-56 Sec. 4. ADMINISTRATIVE FEE. (a) The state may withhold
1-57 from the employee's salary or wage payment an administrative fee
1-58 for making the deduction under this article. The comptroller shall
1-59 set the fee in an amount that does not exceed the lesser of:
1-60 (1) the actual administrative costs of the comptroller
1-61 and the employing state agency for making the deduction; or
1-62 (2) the highest fee charged by the state for making a
1-63 similar deduction.
1-64 (b) The state shall appropriate the fees withheld under
1-65 Subsection (a) to the comptroller and the employing state agencies
1-66 in proportion to the cost incurred by each under this article.
1-67 (c) An institution of higher education that is authorized to
1-68 operate a payroll system reimbursable from the state treasury may
2-1 withhold from the employee's salary or wage payment and retain an
2-2 administrative fee for making the deduction under this article.
2-3 The fee may not exceed the institution's actual administrative cost
2-4 of making the deduction or the highest fee charged for making a
2-5 similar deduction.
2-6 SECTION 2. The comptroller and the appropriate financial
2-7 officer of each institution of higher education shall adopt rules
2-8 prescribing the form and manner of implementing the credit union
2-9 payroll deduction program authorized by Article 6813h, Revised
2-10 Statutes, as added by this Act, not later than January 1, 1994, and
2-11 shall implement their respective programs on the date the rules are
2-12 adopted.
2-13 SECTION 3. In addition to other amounts appropriated to the
2-14 comptroller or an employing state agency for the fiscal biennium
2-15 beginning September 1, 1993, the administrative fees authorized by
2-16 Section 4(a), Article 6813h, Revised Statutes, as added by this
2-17 Act, are appropriated to the comptroller and the employing state
2-18 agencies in the proportions provided by that section for the fiscal
2-19 biennium beginning September 1, 1993, to administer that article.
2-20 SECTION 4. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended,
2-25 and that this Act take effect and be in force from and after its
2-26 passage, and it is so enacted.
2-27 * * * * *
2-28 Austin,
2-29 Texas
2-30 May 24, 1993
2-31 Hon. Bob Bullock
2-32 President of the Senate
2-33 Sir:
2-34 We, your Committee on State Affairs to which was referred H.B. No.
2-35 2134, have had the same under consideration, and I am instructed to
2-36 report it back to the Senate with the recommendation that it do not
2-37 pass, but that the Committee Substitute adopted in lieu thereof do
2-38 pass and be printed.
2-39 Harris of
2-40 Dallas, Chairman
2-41 * * * * *
2-42 WITNESSES
2-43 FOR AGAINST ON
2-44 ___________________________________________________________________
2-45 Name: Jeff Huffman x
2-46 Representing: Tx Credit Union League
2-47 City: Dallas
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