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 2-48 -------------------------------------------------------------------