By: Carriker S.B. No. 795 A BILL TO BE ENTITLED AN ACT 1-1 relating to voluntary payroll deductions for state employees for 1-2 charitable organizations that provide health and human services; 1-3 making an appropriation. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. DEFINITIONS. In this Act: 1-6 (1) "Campaign manager" means a local campaign manager 1-7 or state campaign manager. 1-8 (2) "Charitable organization" means an organization 1-9 that: 1-10 (A) is organized for charitable purposes under 1-11 the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., 1-12 Vernon's Texas Civil Statutes) and its subsequent amendments or 1-13 holds a certificate of authority issued under that Act; 1-14 (B) is exempt from taxation under Section 501(a) 1-15 of the Internal Revenue Code of 1986 as an organization described 1-16 in Section 501(c)(3) of that code and to which contributions are 1-17 deductible for income tax purposes under Section 170 of that code; 1-18 (C) fully complies with all applicable federal 1-19 nondiscrimination law, including Chapter 21, Title 42, United 1-20 States Code; 1-21 (D) fully complies with all state statutes and 1-22 rules relating to charitable organizations; and 1-23 (E) is not a private foundation. 2-1 (3) "Direct services" means providing funds or 2-2 programs for health and human services that directly benefit the 2-3 recipients. 2-4 (4) "Eligible charitable organization" means a 2-5 charitable organization that is determined to be eligible to 2-6 participate in the state employee charitable contribution campaign 2-7 as provided by Section 10 of this Act. 2-8 (5) "Federated community campaign organization" means 2-9 a federation or fund that: 2-10 (A) has demonstrated expertise in conducting 2-11 workplace charitable campaigns; and 2-12 (B) distributes funds raised through a 2-13 cooperative community campaign to at least five agencies that 2-14 provide direct services to residents of the campaign area. 2-15 (6) "Federation or fund" means an umbrella fundraising 2-16 entity that: 2-17 (A) is a charitable organization; 2-18 (B) acts as an agent for at least five 2-19 charitable organizations; 2-20 (C) is not organized exclusively to solicit 2-21 contributions from state employees; and 2-22 (D) is supported by voluntary contributions by 2-23 the public and is: 2-24 (i) incorporated in this state and has an 2-25 established physical presence in this state in the form of an 3-1 office or service facility that is staffed at least 20 hours a 3-2 week; or 3-3 (ii) incorporated outside this state, 3-4 includes at least 10 affiliated charitable organizations, has 3-5 existed at least three years, and participates in state employee 3-6 charitable campaigns in at least 10 other states. 3-7 (7) "Health and human services" means services 3-8 provided by a charitable organization that: 3-9 (A) benefit citizens of this state, including 3-10 children, youth, adults, elderly individuals, ill or infirm 3-11 individuals, or individuals with a mental or physical disability; 3-12 and 3-13 (B) consist of: 3-14 (i) human care, medical or other research, 3-15 education, legal precedence, legislative action, advocacy before 3-16 policy makers, or environmental protection or conservation in the 3-17 field of human health, social adjustment, or rehabilitation; 3-18 (ii) relief for victims of natural 3-19 disaster or other emergencies; or 3-20 (iii) assistance to impoverished 3-21 individuals in need of food, shelter, clothing, or other basic 3-22 needs. 3-23 (8) "Indirect services" means health and human 3-24 services that: 3-25 (A) are not direct services; and 4-1 (B) demonstrably benefit citizens of this state. 4-2 (9) "Institution of higher education" has the meaning 4-3 assigned by Section 61.003, Education Code. 4-4 (10) "International federation or fund" means a 4-5 federation or fund whose affiliated charities provide direct and 4-6 substantial charitable services to needy individuals of other 4-7 nations. 4-8 (11) "Local campaign area" means the county or 4-9 counties in which a local campaign manager conducts a state 4-10 employee charitable campaign. 4-11 (12) "Local campaign manager" means a federated 4-12 community campaign organization that is selected by the local 4-13 employee committee as provided by Section 7 of this Act. 4-14 (13) "Local charitable organization" means a 4-15 charitable organization that: 4-16 (A) provides direct or indirect health and human 4-17 services; and 4-18 (B) is accessible to state employees in the 4-19 local campaign area by maintaining: 4-20 (i) a publicly identified office with a 4-21 professional or volunteer staff within the local campaign area that 4-22 is open at least 20 hours a week during normal working hours; and 4-23 (ii) a locally listed telephone number. 4-24 (14) "Local employee committee" means a local state 4-25 employee charitable campaign committee selected as provided by 5-1 Section 6 of this Act. 5-2 (15) "State advisory committee" means the state 5-3 employee charitable campaign advisory committee appointed under 5-4 Section 5 of this Act. 5-5 (16) "State agency" means a department, commission, 5-6 board, office, institution of higher education, or other agency of 5-7 state government. 5-8 (17) "State campaign manager" means an eligible 5-9 federated community campaign organization that is selected by the 5-10 state policy committee to coordinate campaign operations with local 5-11 campaign managers. 5-12 (18) "State employee" means an employee of a state 5-13 agency. 5-14 (19) "State employee charitable campaign" means an 5-15 annual campaign conducted in communities or areas in which state 5-16 employees work to solicit contributions to eligible charitable 5-17 organizations. 5-18 (20) "State policy committee" means the state employee 5-19 charitable campaign policy committee appointed under Section 4 of 5-20 this Act. 5-21 (21) "Statewide charitable organization" means a 5-22 federation or fund and its affiliated agencies that: 5-23 (A) provides direct or indirect health and human 5-24 services to residents of two or more noncontiguous standard 5-25 metropolitan statistical areas of this state; and 6-1 (B) has demonstrated the federation or fund is 6-2 accessible to state employees by maintaining: 6-3 (i) a staff or volunteer representative 6-4 residing in this state who is accessible at least 20 hours a week 6-5 during normal working hours; and 6-6 (ii) a toll-free long distance telephone 6-7 number. 6-8 SECTION 2. DEDUCTION AUTHORIZED. (a) An employee of a 6-9 state agency may authorize a deduction each pay period from the 6-10 employee's salary or wage payment for a contribution. The 6-11 comptroller by rule may establish a reasonable minimum deduction 6-12 for each pay period. 6-13 (b) An authorization shall direct the comptroller to 6-14 distribute the deducted funds to participating federations or funds 6-15 and local campaign managers as prescribed by rule. 6-16 (c) An authorization may designate an eligible charitable 6-17 organization to receive the deductions. If an authorization does 6-18 not designate an eligible charitable organization, the employee's 6-19 deductions shall be distributed to each participating federation or 6-20 fund and eligible local charitable organization in the proportion 6-21 that the deductions designated for that charitable organization 6-22 bear to the total of designated deductions in the local state 6-23 employee charitable campaign. 6-24 (d) A deduction under this Act must be in the form 6-25 prescribed by the comptroller. 7-1 (e) A state agency other than an institution of higher 7-2 education is not required to permit employees to authorize a 7-3 deduction under this Act until the first full payroll period after 7-4 the agency is converted to a system in which uniform statewide 7-5 payroll procedures are followed. 7-6 SECTION 3. DURATION OF DEDUCTION. (a) A deduction under 7-7 this Act ends on: 7-8 (1) the first anniversary of the date it begins; or 7-9 (2) the effective date of a revocation of or change in 7-10 the authorization by the employee. 7-11 (b) A state employee may revoke or change an authorization 7-12 by giving notice to the employing state agency. The notice must be 7-13 in the form and manner prescribed by the comptroller. A revocation 7-14 or change takes effect when it is approved by the comptroller. 7-15 SECTION 4. STATE EMPLOYEE CHARITABLE CAMPAIGN POLICY 7-16 COMMITTEE. (a) The state employee charitable campaign policy 7-17 committee consists of not more than 10 members. 7-18 (b) The governor may appoint not more than four members. 7-19 The lieutenant governor and the comptroller may appoint not more 7-20 than three members each. 7-21 (c) Each member of the state policy committee must be a 7-22 state employee. The membership must represent employees at 7-23 different levels of employee classification. 7-24 (d) Appointments shall be made to the state policy committee 7-25 in a manner that ensures that the committee reflects the race, 8-1 ethnicity, and national origin of the citizens of this state. 8-2 (e) The state policy committee has the duties provided by 8-3 Subsection (c) of Section 9 of this Act. 8-4 SECTION 5. STATE EMPLOYEE CHARITABLE CAMPAIGN ADVISORY 8-5 COMMITTEE. (a) The state employee charitable campaign advisory 8-6 committee consists of eight members appointed by the governor. 8-7 (b) Four members must represent campaign managers. Four 8-8 members must represent federations or funds that are not campaign 8-9 managers. 8-10 (c) Appointments shall be made to the state advisory 8-11 committee in a manner that ensures that the committee reflects the 8-12 race, ethnicity, and national origin of the citizens of this state. 8-13 (d) The state advisory committee has the duties provided by 8-14 Subsection (d) of Section 9 of this Act. 8-15 SECTION 6. LOCAL STATE EMPLOYEE CHARITABLE CAMPAIGN 8-16 COMMITTEE. (a) The state policy committee shall appoint the 8-17 presiding officer of a local state employee charitable campaign 8-18 committee in each local campaign area. 8-19 (b) The presiding officer of a local employee committee 8-20 shall recruit at least five but not more than 10 additional 8-21 members. The members must represent different levels of employee 8-22 classification. 8-23 (c) Each member of a local employee committee may vote on 8-24 matters before the committee. 8-25 (d) Appointments shall be made to a local employee committee 9-1 in a manner that ensures that the committee reflects the race, 9-2 ethnicity, and national origin of the citizens of the local 9-3 campaign area for which appointments are being made. 9-4 (e) A local employee committee has the duties provided by 9-5 Subsection (e) of Section 9 of this Act. 9-6 SECTION 7. LOCAL CAMPAIGN MANAGER. (a) A local employee 9-7 committee shall select a local campaign manager to conduct the 9-8 state employee charitable campaign in the local campaign area. 9-9 (b) A local campaign manager must have demonstrated 9-10 expertise to: 9-11 (1) provide effective campaign counsel and management; 9-12 and 9-13 (2) serve as fiscal agent for the eligible local 9-14 charitable organizations. 9-15 (c) A local campaign manager has the duties provided by 9-16 Subsection (g) of Section 9 of this Act. 9-17 SECTION 8. TERMS OF COMMITTEE MEMBERS; COMPENSATION. (a) A 9-18 member of the state advisory committee, the state policy committee, 9-19 or a local employee committee serves a two-year term. 9-20 (b) A member of the state advisory committee, the state 9-21 policy committee, or a local employee committee may not receive 9-22 compensation for serving on the committee and is not entitled to 9-23 reimbursement for expenses incurred in performing functions as a 9-24 member of the committee. 9-25 SECTION 9. ADMINISTRATION OF STATE EMPLOYEE CHARITABLE 10-1 CAMPAIGN. (a) A state employee charitable campaign shall be 10-2 conducted each autumn. A state employee charitable campaign must 10-3 be managed fairly and equitably in accordance with this Act and the 10-4 policies and procedures established by the state policy committee. 10-5 (b) With the advice of the state advisory committee, the 10-6 comptroller shall adopt rules for the administration of this Act. 10-7 (c) The state policy committee shall: 10-8 (1) establish local campaign areas based on 10-9 recommendation by the state advisory committee; 10-10 (2) select the state campaign manager; 10-11 (3) determine the eligibility of federations or funds 10-12 and their affiliated agencies for statewide participation in the 10-13 state employee charitable campaign; 10-14 (4) approve the recommended campaign plan, budget, and 10-15 generic materials to be used by campaign managers; 10-16 (5) oversee the state employee charitable campaign to 10-17 ensure that all campaign activities are conducted fairly and 10-18 equitably to promote unified solicitation on behalf of all 10-19 participants; and 10-20 (6) perform other duties prescribed by the 10-21 comptroller's rules. 10-22 (d) The state advisory committee shall: 10-23 (1) advise the comptroller and state policy committee 10-24 in adopting rules and establishing procedures for the operation and 10-25 management of the state employee charitable campaign; 11-1 (2) recommend the number, not to exceed 50, and 11-2 geographic scope of local campaign areas to the state policy 11-3 committee; and 11-4 (3) review and submit the recommended campaign plan, 11-5 budget, and generic materials to be used by campaign managers. 11-6 (e) The local employee committee shall: 11-7 (1) contract with a federated community campaign 11-8 organization to serve as the local campaign manager; 11-9 (2) determine the eligibility of local charitable 11-10 organizations to participate in the state employee charitable 11-11 campaign; 11-12 (3) in consultation with the local campaign manager, 11-13 approve the recommended campaign plan, budget, and generic 11-14 materials to be used by campaign managers; 11-15 (4) oversee the local state employee charitable 11-16 campaign to ensure that all local campaign activities are conducted 11-17 fairly and equitably to promote unified solicitation on behalf of 11-18 all participants; and 11-19 (5) perform other duties prescribed by the 11-20 comptroller's rules. 11-21 (f) The state campaign manager shall: 11-22 (1) develop a campaign plan; 11-23 (2) prepare a statewide campaign budget in cooperation 11-24 with the local campaign managers; 11-25 (3) prepare generic materials to be used by campaign 12-1 managers; 12-2 (4) coordinate and facilitate campaign services to 12-3 state employees throughout the state; 12-4 (5) ensure that all state employee charitable campaign 12-5 activities are conducted fairly and equitably to promote unified 12-6 solicitation on behalf of all participants; and 12-7 (6) perform other duties prescribed by the 12-8 comptroller's rules. 12-9 (g) A local campaign manager shall: 12-10 (1) in consultation with the local employee committee, 12-11 develop a cooperative plan, budget, and local campaign materials 12-12 for the local state employee charitable campaign; 12-13 (2) manage the local state employee charitable 12-14 campaign and provide for the effective involvement of each 12-15 participating federation or fund; 12-16 (3) ensure that all local state employee charitable 12-17 campaign activities are conducted fairly and equitably to promote 12-18 unified solicitation on behalf of all participants; and 12-19 (4) perform other duties prescribed by the 12-20 comptroller's rules. 12-21 SECTION 10. ELIGIBILITY OF CHARITABLE ORGANIZATIONS IN 12-22 GENERAL. (a) To be eligible to participate in a state employee 12-23 charitable campaign, a charitable organization must: 12-24 (1) be governed by a voluntary board of citizens that 12-25 meets at least twice each year to set policy and manage the affairs 13-1 of the organization; 13-2 (2) if the organization's annual budget: 13-3 (A) does not exceed $100,000, provide a 13-4 completed Internal Revenue Service Form 990 and an accountant's 13-5 review that offers full and open disclosure of the organization's 13-6 internal operations; or 13-7 (B) exceeds $100,000, be audited annually in 13-8 accordance with generally accepted auditing standards of the 13-9 American Institute of Certified Public Accountants; and 13-10 (3) not spend more than 25 percent of its annual 13-11 revenue for administrative and fundraising expenses, unless the 13-12 state policy committee grants the organization an exemption under 13-13 Subsection (b) of this section. 13-14 (b) The state policy committee may grant a charitable 13-15 organization a temporary exemption from the requirement of 13-16 Subdivision (3) of Subsection (a) of this section if the committee 13-17 finds that: 13-18 (1) the organization's administrative and fundraising 13-19 expenses are reasonable under the circumstances; and 13-20 (2) the organization has a practical plan to reduce 13-21 its administrative and fundraising expenses to 25 percent of its 13-22 annual revenue within the next three years. 13-23 SECTION 11. ELIGIBILITY FOR STATEWIDE PARTICIPATION. (a) A 13-24 federation or fund that seeks statewide participation in a state 13-25 employee charitable campaign must apply on behalf of itself and its 14-1 affiliated agencies to the state policy committee during the annual 14-2 eligibility determination period specified by the committee. The 14-3 state policy committee shall review each application and may 14-4 approve a federation or fund for statewide participation only if 14-5 the federation or fund qualifies as a statewide charitable 14-6 organization or as an international federation or fund. The state 14-7 policy committee may approve an affiliated charitable organization 14-8 for statewide participation only if the organization qualifies as a 14-9 statewide charitable organization or is an affiliated agency of an 14-10 international federation or fund. 14-11 (b) An affiliated organization of an eligible federation or 14-12 fund that does not qualify as a statewide charitable organization 14-13 because it does not provide services in two or more noncontiguous 14-14 standard metropolitan statistical areas may apply to a local 14-15 employee committee for participation in a local state employee 14-16 charitable campaign. 14-17 (c) The state policy committee may use outside expertise and 14-18 resources available to it to assess the eligibility of charitable 14-19 organizations that seek to participate in a state employee 14-20 charitable campaign. 14-21 (d) An appeal from a decision of the state policy committee 14-22 shall be conducted in the manner prescribed by the committee. The 14-23 appeals process must permit a charitable organization that is not 14-24 approved for statewide participation to apply for participation in 14-25 a local state employee charitable campaign. 15-1 SECTION 12. ELIGIBILITY FOR LOCAL PARTICIPATION. (a) A 15-2 charitable organization that seeks local participation in a state 15-3 employee charitable campaign must apply to the appropriate local 15-4 employee committee during the annual eligibility determination 15-5 period specified by the state policy committee. The local employee 15-6 committee shall review each application and may approve a 15-7 charitable organization for local participation only if the 15-8 organization qualifies as a local charitable organization and is: 15-9 (1) an unaffiliated local organization; or 15-10 (2) a federation or fund or an affiliate of a 15-11 federation or fund that is not approved for statewide 15-12 participation. 15-13 (b) An appeal from a decision of a local employee committee 15-14 shall be conducted in the manner prescribed by the state policy 15-15 committee. 15-16 SECTION 13. FEES. (a) A campaign manager may not charge a 15-17 fee to the comptroller, a state agency, or a state employee for the 15-18 services the campaign manager provides in connection with a state 15-19 employee charitable campaign. 15-20 (b) A campaign manager may charge a reasonable and necessary 15-21 fee for actual campaign expenses to the participating charitable 15-22 organizations in the same proportion that the contributions to that 15-23 charitable organization bear to the total of contributions in the 15-24 state employee charitable campaign. 15-25 (c) A fee under Subsection (b) of this section must be based 16-1 on the combined expenses of the state campaign manager and each 16-2 local campaign manager and may not exceed 10 percent of the total 16-3 amount collected in the state employee charitable campaign unless 16-4 the state policy committee approves a higher amount to accommodate 16-5 reasonable documented costs. 16-6 (d) The comptroller shall charge an administrative fee to 16-7 cover costs incurred by the comptroller and employing state 16-8 agencies in the implementation of this Act to the charitable 16-9 organizations participating in the first state employee charitable 16-10 campaign conducted under this Act in the same proportion that the 16-11 contributions to that charitable organization bear to the total of 16-12 contributions in that campaign. The comptroller shall charge an 16-13 administrative fee to cover costs incurred by the comptroller and 16-14 employing state agencies in the administration of this Act to the 16-15 charitable organizations in each subsequent state employee 16-16 charitable campaign in the same proportion that the contributions 16-17 to that charitable organization bear to the total of contributions 16-18 in that campaign. The comptroller shall determine the most 16-19 efficient and effective method of collecting the administrative fee 16-20 and shall adopt rules for the implementation of this section. 16-21 (e) An institution of higher education that is authorized to 16-22 operate a payroll system reimbursable from the state treasury shall 16-23 charge an administrative fee to the participating charitable 16-24 organizations to cover the actual costs incurred in the 16-25 administration of this Act. The fee shall be assessed and 17-1 collected annually and shall be charged in the same proportion that 17-2 the contributions to the charitable organization bear to the total 17-3 contributions in that campaign. 17-4 SECTION 14. FUNDRAISING PRACTICES. The fundraising 17-5 practices of a participating charitable organization must: 17-6 (1) be truthful and consumer-oriented; 17-7 (2) clearly identify and distinguish community-based 17-8 organizations from statewide and international organizations; and 17-9 (3) assure protection against: 17-10 (A) unauthorized use of a list of contributors 17-11 to the organization; 17-12 (B) payment of commissions, kickbacks, finder 17-13 fees, percentages, bonuses, or overrides for fundraising; 17-14 (C) mailing unordered merchandise or tickets 17-15 with a request for money in return; and 17-16 (D) general telephone solicitation of the 17-17 public. 17-18 SECTION 15. MISAPPLICATION OF CONTRIBUTIONS. (a) If the 17-19 state policy committee has reason to believe that a participating 17-20 charitable organization, a campaign manager, or a local employee 17-21 committee has misapplied contributions under this Act, the state 17-22 policy committee may request the comptroller or state auditor to 17-23 audit the person. 17-24 (b) If an audit under this section reveals gross negligence 17-25 or intentional misconduct on the part of a campaign manager or a 18-1 local employee committee, the state policy committee shall remove 18-2 the campaign manager or local employee committee. A person removed 18-3 under this subsection is not eligible to serve in the capacity from 18-4 which the person was removed before the fifth anniversary of the 18-5 date the person was removed. 18-6 (c) If an audit under this section reveals intentional 18-7 misconduct on the part of a campaign manager or a local employee 18-8 committee, the state policy committee shall forward its findings to 18-9 the appropriate law enforcement agency for further action. 18-10 (d) The attorney general may bring an action in a court of 18-11 competent jurisdiction to recover misapplied contributions. 18-12 (e) If an investigation or lawsuit results in a recovery of 18-13 misapplied contributions and there is not a judgment distributing 18-14 the amounts recovered, the state policy committee shall instruct 18-15 the comptroller as to the manner of refunding contributions to the 18-16 appropriate state employees. 18-17 SECTION 16. VOLUNTARY PARTICIPATION. (a) Participation by 18-18 a state employee in a state employee charitable campaign is 18-19 voluntary. Each campaign manager, local employee committee, 18-20 charitable organization, state employee, and state agency shall 18-21 inform state employees that deductions are voluntary. 18-22 (b) The comptroller shall adopt rules establishing a process 18-23 for hearing employee complaints regarding coercive activity in a 18-24 state employee charitable campaign. 18-25 SECTION 17. CONFIDENTIALITY. Except as necessary to 19-1 administer this Act or on written authorization of the employee, 19-2 the following information is confidential: 19-3 (1) whether a state employee has authorized a 19-4 deduction under this Act; 19-5 (2) the amount of a deduction authorized by a state 19-6 employee under this Act; and 19-7 (3) the name of a federation or fund or local 19-8 charitable organization that a state employee has designated to 19-9 receive contributions under this Act, unless the employee has 19-10 executed a written pledge card or other document indicating that 19-11 the employee wishes to receive an acknowledgement from the 19-12 designated charitable organization. 19-13 SECTION 18. EXEMPTION FOR INTERNATIONAL FEDERATION OR FUND. 19-14 An international federation or fund is exempt from the requirements 19-15 of this Act relating to: 19-16 (1) maintenance of an established physical presence in 19-17 this state; and 19-18 (2) the provision of health and human services to 19-19 citizens of this state. 19-20 SECTION 19. APPROPRIATION. In addition to other amounts 19-21 appropriated to the comptroller or an employing state agency for 19-22 the fiscal biennium beginning September 1, 1993, the administrative 19-23 fees authorized by Section 13 of this Act are appropriated to the 19-24 comptroller and the employing state agencies for the fiscal 19-25 biennium beginning September 1, 1993, to administer this Act. 20-1 SECTION 20. TRANSITION. An institution of higher education 20-2 is not required to permit employees to authorize a deduction under 20-3 this Act until the first full payroll period that occurs after six 20-4 months after the publication of rules adopted under this Act. 20-5 SECTION 21. EMERGENCY. The importance of this legislation 20-6 and the crowded condition of the calendars in both houses create an 20-7 emergency and an imperative public necessity that the 20-8 constitutional rule requiring bills to be read on three several 20-9 days in each house be suspended, and this rule is hereby suspended, 20-10 and that this Act take effect and be in force from and after its 20-11 passage, and it is so enacted.