1-1  By:  Carriker                                          S.B. No. 795
    1-2        (In the Senate - Filed March 10, 1993; March 11, 1993, read
    1-3  first time and referred to Committee on Finance; March 30, 1993,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 11, Nays 0; March 30, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Montford           x                               
    1-9        Turner             x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins                                        x    
   1-13        Ellis              x                               
   1-14        Haley              x                               
   1-15        Moncrief           x                               
   1-16        Parker             x                               
   1-17        Ratliff                                       x    
   1-18        Sims               x                               
   1-19        Truan              x                               
   1-20        Zaffirini          x                               
   1-21  COMMITTEE SUBSTITUTE FOR S.B. No. 795                 By:  Moncrief
   1-22                         A BILL TO BE ENTITLED
   1-23                                AN ACT
   1-24  relating to voluntary payroll deductions for state employees for
   1-25  charitable organizations; making an appropriation.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  DEFINITIONS.  In this Act:
   1-28              (1)  "Campaign manager" means a local campaign manager
   1-29  or state campaign manager.
   1-30              (2)  "Charitable organization" means an organization
   1-31  that:
   1-32                    (A)  is organized for charitable purposes under
   1-33  the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
   1-34  Vernon's Texas Civil Statutes) and its subsequent amendments or
   1-35  holds a certificate of authority issued under that Act;
   1-36                    (B)  is exempt from taxation under Section 501(a)
   1-37  of the Internal Revenue Code of 1986 as an organization described
   1-38  in Section 501(c)(3) of that code and to which contributions are
   1-39  deductible for income tax purposes under Section 170 of that code;
   1-40                    (C)  fully complies with all applicable federal
   1-41  nondiscrimination law, including Chapter 21, Title 42, United
   1-42  States Code;
   1-43                    (D)  fully complies with all state statutes and
   1-44  rules relating to charitable organizations; and
   1-45                    (E)  is not a private foundation.
   1-46              (3)  "Direct services" means providing funds or
   1-47  programs for health and human services that directly benefit the
   1-48  recipients.
   1-49              (4)  "Eligible charitable organization" means a
   1-50  charitable organization that is determined to be eligible to
   1-51  participate in the state employee charitable contribution campaign
   1-52  as provided by Section 10 of this Act.
   1-53              (5)  "Federated community campaign organization" means
   1-54  a federation or fund that:
   1-55                    (A)  has demonstrated expertise in conducting
   1-56  workplace charitable campaigns; and
   1-57                    (B)  distributes funds raised through a
   1-58  cooperative community campaign to at least five agencies that
   1-59  provide direct services to residents of the campaign area.
   1-60              (6)  "Federation or fund" means an umbrella fundraising
   1-61  entity that:
   1-62                    (A)  is a charitable organization;
   1-63                    (B)  acts as an agent for at least five
   1-64  charitable organizations;
   1-65                    (C)  is not organized exclusively to solicit
   1-66  contributions from state employees; and
   1-67                    (D)  is supported by voluntary contributions by
   1-68  the public and is:
    2-1                          (i)  incorporated in this state and has an
    2-2  established physical presence in this state in the form of an
    2-3  office or service facility that is staffed at least 20 hours a
    2-4  week; or
    2-5                          (ii)  incorporated outside this state,
    2-6  includes at least 10 affiliated charitable organizations, has
    2-7  existed at least three years, and participates in state employee
    2-8  charitable campaigns in at least 10 other states.
    2-9              (7)  "Health and human services" means services
   2-10  provided by a charitable organization that:
   2-11                    (A)  benefit citizens of this state, including
   2-12  children, youth, adults, elderly individuals, ill or infirm
   2-13  individuals, or individuals with a mental or physical disability;
   2-14  and
   2-15                    (B)  consist of:
   2-16                          (i)  human care, medical or other research,
   2-17  education, legal precedence, legislative action, advocacy before
   2-18  policy makers, or environmental protection or conservation in the
   2-19  field of human health, social adjustment, or rehabilitation;
   2-20                          (ii)  relief for victims of natural
   2-21  disaster or other emergencies; or
   2-22                          (iii)  assistance to impoverished
   2-23  individuals in need of food, shelter, clothing, or other basic
   2-24  needs.
   2-25              (8)  "Indirect services" means health and human
   2-26  services that:
   2-27                    (A)  are not direct services; and
   2-28                    (B)  demonstrably benefit citizens of this state.
   2-29              (9)  "Institution of higher education" has the meaning
   2-30  assigned by Section 61.003, Education Code.
   2-31              (10)  "International federation or fund" means a
   2-32  federation or fund whose affiliated charities provide direct and
   2-33  substantial charitable services to needy individuals of other
   2-34  nations.
   2-35              (11)  "Local campaign area" means the county or
   2-36  counties in which a local campaign manager conducts a state
   2-37  employee charitable campaign.
   2-38              (12)  "Local campaign manager" means a federated
   2-39  community campaign organization that is selected by the local
   2-40  employee committee as provided by Section 7 of this Act.
   2-41              (13)  "Local charitable organization" means a
   2-42  charitable organization that:
   2-43                    (A)  provides direct or indirect health and human
   2-44  services; and
   2-45                    (B)  is accessible to state employees in the
   2-46  local campaign area by maintaining:
   2-47                          (i)  a publicly identified office with a
   2-48  professional or volunteer staff within the local campaign area that
   2-49  is open at least 20 hours a week during normal working hours; and
   2-50                          (ii)  a locally listed telephone number.
   2-51              (14)  "Local employee committee" means a local state
   2-52  employee charitable campaign committee selected as provided by
   2-53  Section 6 of this Act.
   2-54              (15)  "State advisory committee" means the state
   2-55  employee charitable campaign advisory committee appointed under
   2-56  Section 5 of this Act.
   2-57              (16)  "State agency" means a department, commission,
   2-58  board, office, institution of higher education, or other agency of
   2-59  state government.
   2-60              (17)  "State campaign manager" means an eligible
   2-61  federated community campaign organization that is selected by the
   2-62  state policy committee to coordinate campaign operations with local
   2-63  campaign managers.
   2-64              (18)  "State employee" means an employee of a state
   2-65  agency.
   2-66              (19)  "State employee charitable campaign" means an
   2-67  annual campaign conducted in communities or areas in which state
   2-68  employees work to solicit contributions to eligible charitable
   2-69  organizations.
   2-70              (20)  "State policy committee" means the state employee
    3-1  charitable campaign policy committee appointed under Section 4 of
    3-2  this Act.
    3-3              (21)  "Statewide charitable organization" means a
    3-4  federation or fund and its affiliated agencies that:
    3-5                    (A)  provides direct or indirect health and human
    3-6  services to residents of two or more noncontiguous standard
    3-7  metropolitan statistical areas of this state; and
    3-8                    (B)  has demonstrated the federation or fund is
    3-9  accessible to state employees by maintaining:
   3-10                          (i)  a staff or volunteer representative
   3-11  residing in this state who is accessible at least 20 hours a week
   3-12  during normal working hours; and
   3-13                          (ii)  a toll-free long distance telephone
   3-14  number.
   3-15        SECTION 2.  DEDUCTION AUTHORIZED.  (a)  An employee of a
   3-16  state agency may authorize a deduction each pay period from the
   3-17  employee's salary or wage payment for a contribution.  The
   3-18  comptroller by rule may establish a reasonable minimum deduction
   3-19  for each pay period.
   3-20        (b)  An authorization shall direct the comptroller to
   3-21  distribute the deducted funds to participating federations or funds
   3-22  and local campaign managers as prescribed by rule.
   3-23        (c)  An authorization may designate an eligible charitable
   3-24  organization to receive the deductions.  If an authorization does
   3-25  not designate an eligible charitable organization, the employee's
   3-26  deductions shall be distributed to each participating federation or
   3-27  fund and eligible local charitable organization in the proportion
   3-28  that the deductions designated for that charitable organization
   3-29  bear to the total of designated deductions in the local state
   3-30  employee charitable campaign.
   3-31        (d)  A deduction under this Act must be in the form
   3-32  prescribed by the comptroller.
   3-33        (e)  A state agency other than an institution of higher
   3-34  education is not required to permit employees to authorize a
   3-35  deduction under this Act until the first full payroll period after
   3-36  the agency is converted to a system in which uniform statewide
   3-37  payroll procedures are followed.
   3-38        SECTION 3.  DURATION OF DEDUCTION.  (a)  A deduction under
   3-39  this Act ends on:
   3-40              (1)  the first anniversary of the date it begins; or
   3-41              (2)  the effective date of a revocation of or change in
   3-42  the authorization by the employee.
   3-43        (b)  A state employee may revoke or change an authorization
   3-44  by giving notice to the employing state agency.  The notice must be
   3-45  in the form and manner prescribed by the comptroller.  A revocation
   3-46  or change takes effect when it is approved by the comptroller.
   3-47        SECTION 4.  STATE EMPLOYEE CHARITABLE CAMPAIGN POLICY
   3-48  COMMITTEE.  (a)  The state employee charitable campaign policy
   3-49  committee consists of not more than 10 members.
   3-50        (b)  The governor may appoint not more than four members.
   3-51  The lieutenant governor and the comptroller may appoint not more
   3-52  than three members each.
   3-53        (c)  Each member of the state policy committee must be a
   3-54  state employee.  The membership must represent employees at
   3-55  different levels of employee classification.
   3-56        (d)  The state policy committee has the duties provided by
   3-57  Subsection (c) of Section 9 of this Act.
   3-58        SECTION 5.  STATE EMPLOYEE CHARITABLE CAMPAIGN ADVISORY
   3-59  COMMITTEE.  (a)  The state employee charitable campaign advisory
   3-60  committee consists of eight members appointed by the governor.
   3-61        (b)  Four members must represent campaign managers.  Four
   3-62  members must represent federations or funds that are not campaign
   3-63  managers.
   3-64        (c)  The state advisory committee has the duties provided by
   3-65  Subsection (d) of Section 9 of this Act.
   3-66        SECTION 6.  LOCAL STATE EMPLOYEE CHARITABLE CAMPAIGN
   3-67  COMMITTEE.  (a)  The state policy committee shall appoint the
   3-68  presiding officer of a local state employee charitable campaign
   3-69  committee in each local campaign area.
   3-70        (b)  The presiding officer of a local employee committee
    4-1  shall recruit at least five but not more than 10 additional
    4-2  members.  The members must represent different levels of employee
    4-3  classification.
    4-4        (c)  Each member of a local employee committee may vote on
    4-5  matters before the committee.
    4-6        (d)  A local employee committee has the duties provided by
    4-7  Subsection (e) of Section 9 of this Act.
    4-8        SECTION 7.  LOCAL CAMPAIGN MANAGER.  (a)  A local employee
    4-9  committee shall select a local campaign manager to conduct the
   4-10  state employee charitable campaign in the local campaign area.
   4-11        (b)  A local campaign manager must have demonstrated
   4-12  expertise to:
   4-13              (1)  provide effective campaign counsel and management;
   4-14  and
   4-15              (2)  serve as fiscal agent for the eligible local
   4-16  charitable organizations.
   4-17        (c)  A local campaign manager has the duties provided by
   4-18  Subsection (g) of Section 9 of this Act.
   4-19        SECTION 8.  TERMS OF COMMITTEE MEMBERS; COMPENSATION.  (a)  A
   4-20  member of the state advisory committee, the state policy committee,
   4-21  or a local employee committee serves a two-year term.
   4-22        (b)  A member of the state advisory committee, the state
   4-23  policy committee, or a local employee committee may not receive
   4-24  compensation for serving on the committee and is not entitled to
   4-25  reimbursement for expenses incurred in performing functions as a
   4-26  member of the committee.
   4-27        SECTION 9.  ADMINISTRATION OF STATE EMPLOYEE CHARITABLE
   4-28  CAMPAIGN.  (a)  A state employee charitable campaign shall be
   4-29  conducted each autumn.  A state employee charitable campaign must
   4-30  be managed fairly and equitably in accordance with this Act and the
   4-31  policies and procedures established by the state policy committee.
   4-32        (b)  With the advice of the state advisory committee, the
   4-33  comptroller shall adopt rules for the administration of this Act.
   4-34        (c)  The state policy committee shall:
   4-35              (1)  establish local campaign areas based on
   4-36  recommendation by the state advisory committee;
   4-37              (2)  select the state campaign manager;
   4-38              (3)  determine the eligibility of federations or funds
   4-39  and their affiliated agencies for statewide participation in the
   4-40  state employee charitable campaign;
   4-41              (4)  approve the recommended campaign plan, budget, and
   4-42  generic materials to be used by campaign managers;
   4-43              (5)  oversee the state employee charitable campaign to
   4-44  ensure that all campaign activities are conducted fairly and
   4-45  equitably to promote unified solicitation on behalf of all
   4-46  participants; and
   4-47              (6)  perform other duties prescribed by the
   4-48  comptroller's rules.
   4-49        (d)  The state advisory committee shall:
   4-50              (1)  advise the comptroller and state policy committee
   4-51  in adopting rules and establishing procedures for the operation and
   4-52  management of the state employee charitable campaign;
   4-53              (2)  recommend the number, not to exceed 50, and
   4-54  geographic scope of local campaign areas to the state policy
   4-55  committee; and
   4-56              (3)  review and submit the recommended campaign plan,
   4-57  budget, and generic materials to be used by campaign managers.
   4-58        (e)  The local employee committee shall:
   4-59              (1)  contract with a federated community campaign
   4-60  organization to serve as the local campaign manager;
   4-61              (2)  determine the eligibility of local charitable
   4-62  organizations to participate in the state employee charitable
   4-63  campaign;
   4-64              (3)  in consultation with the local campaign manager,
   4-65  approve the recommended campaign plan, budget, and generic
   4-66  materials to be used by campaign managers;
   4-67              (4)  oversee the local state employee charitable
   4-68  campaign to ensure that all local campaign activities are conducted
   4-69  fairly and equitably to promote unified solicitation on behalf of
   4-70  all participants; and
    5-1              (5)  perform other duties prescribed by the
    5-2  comptroller's rules.
    5-3        (f)  The state campaign manager shall:
    5-4              (1)  develop a campaign plan;
    5-5              (2)  prepare a statewide campaign budget in cooperation
    5-6  with the local campaign managers;
    5-7              (3)  prepare generic materials to be used by campaign
    5-8  managers;
    5-9              (4)  coordinate and facilitate campaign services to
   5-10  state employees throughout the state;
   5-11              (5)  ensure that all state employee charitable campaign
   5-12  activities are conducted fairly and equitably to promote unified
   5-13  solicitation on behalf of all participants; and
   5-14              (6)  perform other duties prescribed by the
   5-15  comptroller's rules.
   5-16        (g)  A local campaign manager shall:
   5-17              (1)  in consultation with the local employee committee,
   5-18  develop a cooperative plan, budget, and local campaign materials
   5-19  for the local state employee charitable campaign;
   5-20              (2)  manage the local state employee charitable
   5-21  campaign and provide for the effective involvement of each
   5-22  participating federation or fund;
   5-23              (3)  ensure that all local state employee charitable
   5-24  campaign activities are conducted fairly and equitably to promote
   5-25  unified solicitation on behalf of all participants; and
   5-26              (4)  perform other duties prescribed by the
   5-27  comptroller's rules.
   5-28        SECTION 10.  ELIGIBILITY OF CHARITABLE ORGANIZATIONS IN
   5-29  GENERAL.  (a)  To be eligible to participate in a state employee
   5-30  charitable campaign, a charitable organization must:
   5-31              (1)  be governed by a voluntary board of citizens that
   5-32  meets at least twice each year to set policy and manage the affairs
   5-33  of the organization;
   5-34              (2)  if the organization's annual budget:
   5-35                    (A)  does not exceed $100,000, provide a
   5-36  completed Internal Revenue Service Form 990 and an accountant's
   5-37  review that offers full and open disclosure of the organization's
   5-38  internal operations; or
   5-39                    (B)  exceeds $100,000, be audited annually in
   5-40  accordance with generally accepted auditing standards of the
   5-41  American Institute of Certified Public Accountants; and
   5-42              (3)  not spend more than 25 percent of its annual
   5-43  revenue for administrative and fundraising expenses, unless the
   5-44  state policy committee grants the organization an exemption under
   5-45  Subsection (b) of this section.
   5-46        (b)  The state policy committee may grant a charitable
   5-47  organization a temporary exemption from the requirement of
   5-48  Subdivision (3) of Subsection (a) of this section if the committee
   5-49  finds that:
   5-50              (1)  the organization's administrative and fundraising
   5-51  expenses are reasonable under the circumstances; and
   5-52              (2)  the organization has a practical plan to reduce
   5-53  its administrative and fundraising expenses to 25 percent of its
   5-54  annual revenue within the next three years.
   5-55        SECTION 11.  ELIGIBILITY FOR STATEWIDE PARTICIPATION.  (a)  A
   5-56  federation or fund that seeks statewide participation in a state
   5-57  employee charitable campaign must apply on behalf of itself and its
   5-58  affiliated agencies to the state policy committee during the annual
   5-59  eligibility determination period specified by the committee.  The
   5-60  state policy committee shall review each application and may
   5-61  approve a federation or fund for statewide participation only if
   5-62  the federation or fund qualifies as a statewide charitable
   5-63  organization or as an international federation or fund.  The state
   5-64  policy committee may approve an affiliated charitable organization
   5-65  for statewide participation only if the organization qualifies as a
   5-66  statewide charitable organization or is an affiliated agency of an
   5-67  international federation or fund.
   5-68        (b)  An affiliated organization of an eligible federation or
   5-69  fund that does not qualify as a statewide charitable organization
   5-70  because it does not provide services in two or more noncontiguous
    6-1  standard metropolitan statistical areas may apply to a local
    6-2  employee committee for participation in a local state employee
    6-3  charitable campaign.
    6-4        (c)  The state policy committee may use outside expertise and
    6-5  resources available to it to assess the eligibility of charitable
    6-6  organizations that seek to participate in a state employee
    6-7  charitable campaign.
    6-8        (d)  An appeal from a decision of the state policy committee
    6-9  shall be conducted in the manner prescribed by the committee.  The
   6-10  appeals process must permit a charitable organization that is not
   6-11  approved for statewide participation to apply for participation in
   6-12  a local state employee charitable campaign.
   6-13        SECTION 12.  ELIGIBILITY FOR LOCAL PARTICIPATION.  (a)  A
   6-14  charitable organization that seeks local participation in a state
   6-15  employee charitable campaign must apply to the appropriate local
   6-16  employee committee during the annual eligibility determination
   6-17  period specified by the state policy committee.  The local employee
   6-18  committee shall review each application and may approve a
   6-19  charitable organization for local participation only if the
   6-20  organization qualifies as a local charitable organization and is:
   6-21              (1)  an unaffiliated local organization; or
   6-22              (2)  a federation or fund or an affiliate of a
   6-23  federation or fund that is not approved for statewide
   6-24  participation.
   6-25        (b)  An appeal from a decision of a local employee committee
   6-26  shall be conducted in the manner prescribed by the state policy
   6-27  committee.
   6-28        SECTION 13.  FEES.  (a)  A campaign manager may not charge a
   6-29  fee to the comptroller, a state agency, or a state employee for the
   6-30  services the campaign manager provides in connection with a state
   6-31  employee charitable campaign.
   6-32        (b)  A campaign manager may charge a reasonable and necessary
   6-33  fee for actual campaign expenses to the participating charitable
   6-34  organizations in the same proportion that the contributions to that
   6-35  charitable organization bear to the total of contributions in the
   6-36  state employee charitable campaign.
   6-37        (c)  A fee under Subsection (b) of this section must be based
   6-38  on the combined expenses of the state campaign manager and each
   6-39  local campaign manager and may not exceed 10 percent of the total
   6-40  amount collected in the state employee charitable campaign unless
   6-41  the state policy committee approves a higher amount to accommodate
   6-42  reasonable documented costs.
   6-43        (d)  The comptroller shall charge an administrative fee to
   6-44  cover costs incurred by the comptroller and employing state
   6-45  agencies in the implementation of this Act to the charitable
   6-46  organizations participating in the first state employee charitable
   6-47  campaign conducted under this Act in the same proportion that the
   6-48  contributions to that charitable organization bear to the total of
   6-49  contributions in that campaign.  The comptroller shall charge an
   6-50  administrative fee to cover costs incurred by the comptroller and
   6-51  employing state agencies in the administration of this Act to the
   6-52  charitable organizations in each subsequent state employee
   6-53  charitable campaign in the same proportion that the contributions
   6-54  to that charitable organization bear to the total of contributions
   6-55  in that campaign.  The comptroller shall determine the most
   6-56  efficient and effective method of collecting the administrative fee
   6-57  and shall adopt rules for the implementation of this section.
   6-58        SECTION 14.  FUNDRAISING PRACTICES.  The fundraising
   6-59  practices of a participating charitable organization must:
   6-60              (1)  be truthful and consumer-oriented;
   6-61              (2)  clearly identify and distinguish community-based
   6-62  organizations from statewide and international organizations; and
   6-63              (3)  assure protection against:
   6-64                    (A)  unauthorized use of a list of contributors
   6-65  to the organization;
   6-66                    (B)  payment of commissions, kickbacks, finder
   6-67  fees, percentages, bonuses, or overrides for fundraising;
   6-68                    (C)  mailing unordered merchandise or tickets
   6-69  with a request for money in return; and
   6-70                    (D)  general telephone solicitation of the
    7-1  public.
    7-2        SECTION 15.  MISAPPLICATION OF CONTRIBUTIONS.  (a)  If the
    7-3  state policy committee has reason to believe that a participating
    7-4  charitable organization, a campaign manager, or a local employee
    7-5  committee has misapplied contributions under this Act, the state
    7-6  policy committee may request the comptroller or state auditor to
    7-7  audit the person.
    7-8        (b)  If an audit under this section reveals gross negligence
    7-9  or intentional misconduct on the part of a campaign manager or a
   7-10  local employee committee, the state policy committee shall remove
   7-11  the campaign manager or local employee committee.  A person removed
   7-12  under this subsection is not eligible to serve in the capacity from
   7-13  which the person was removed before the fifth anniversary of the
   7-14  date the person was removed.
   7-15        (c)  If an audit under this section reveals intentional
   7-16  misconduct on the part of a campaign manager or a local employee
   7-17  committee, the state policy committee shall forward its findings to
   7-18  the appropriate law enforcement agency for further action.
   7-19        (d)  The attorney general may bring an action in a court of
   7-20  competent jurisdiction to recover misapplied contributions.
   7-21        (e)  If an investigation or lawsuit results in a recovery of
   7-22  misapplied contributions and there is not a judgment distributing
   7-23  the amounts recovered, the state policy committee shall instruct
   7-24  the comptroller as to the manner of refunding contributions to the
   7-25  appropriate state employees.
   7-26        SECTION 16.  VOLUNTARY PARTICIPATION.  Participation by a
   7-27  state employee in a state employee charitable campaign is
   7-28  voluntary.  Each campaign manager, local employee committee,
   7-29  charitable organization, state employee, and state agency shall
   7-30  inform state employees that deductions are voluntary.
   7-31        SECTION 17.  CONFIDENTIALITY.  Except as necessary to
   7-32  administer this Act or on written authorization of the employee,
   7-33  the following information is confidential:
   7-34              (1)  whether a state employee has authorized a
   7-35  deduction under this Act;
   7-36              (2)  the amount of a deduction authorized by a state
   7-37  employee under this Act; and
   7-38              (3)  the name of a federation or fund or local
   7-39  charitable organization that a state employee has designated to
   7-40  receive contributions under this Act, unless the employee has
   7-41  executed a written pledge card or other document indicating that
   7-42  the employee wishes to receive an acknowledgment from the
   7-43  designated charitable organization.
   7-44        SECTION 18.  EXEMPTION FOR INTERNATIONAL FEDERATION OR FUND.
   7-45  An international federation or fund is exempt from the requirements
   7-46  of this Act relating to:
   7-47              (1)  maintenance of an established physical presence in
   7-48  this state; and
   7-49              (2)  the provision of health and human services to
   7-50  citizens of this state.
   7-51        SECTION 19.  APPROPRIATION.  In addition to other amounts
   7-52  appropriated to the comptroller or an employing state agency for
   7-53  the fiscal biennium beginning September 1, 1993, the administrative
   7-54  fees authorized by Section 13 of this Act are appropriated to the
   7-55  comptroller and the employing state agencies for the fiscal
   7-56  biennium beginning September 1, 1993, to administer this Act.
   7-57        SECTION 20.  TRANSITION.  An institution of higher education
   7-58  is not required to permit employees to authorize a deduction under
   7-59  this Act until the first full payroll period that occurs after six
   7-60  months after the publication of rules adopted under this Act.
   7-61        SECTION 21.  EMERGENCY.  The importance of this legislation
   7-62  and the crowded condition of the calendars in both houses create an
   7-63  emergency and an imperative public necessity that the
   7-64  constitutional rule requiring bills to be read on three several
   7-65  days in each house be suspended, and this rule is hereby suspended,
   7-66  and that this Act take effect and be in force from and after its
   7-67  passage, and it is so enacted.
   7-68                               * * * * *
   7-69                                                         Austin,
   7-70  Texas
    8-1                                                         March 30, 1993
    8-2  Hon. Bob Bullock
    8-3  President of the Senate
    8-4  Sir:
    8-5  We, your Committee on Finance to which was referred S.B. No. 795,
    8-6  have had the same under consideration, and I am instructed to
    8-7  report it back to the Senate with the recommendation that it do not
    8-8  pass, but that the Committee Substitute adopted in lieu thereof do
    8-9  pass and be printed.
   8-10                                                         Montford,
   8-11  Chairman
   8-12                               * * * * *
   8-13                               WITNESSES
   8-14                                                  FOR   AGAINST  ON
   8-15  ___________________________________________________________________
   8-16  Name:  Winiford N. Dunn                          x
   8-17  Representing:  United Way of the Tx
   8-18      Gf Coast
   8-19  City:  Houston
   8-20  -------------------------------------------------------------------
   8-21  Name:  Cathy Brunicardi, Exec. Director          x
   8-22  Representing:  Environmental Fund for Tx
   8-23  City:  Austin
   8-24  -------------------------------------------------------------------
   8-25  Name:  Mark Rose                                 x
   8-26  Representing:  United Way, Capitol Area Cncl
   8-27  City:  Austin
   8-28  -------------------------------------------------------------------
   8-29  Name:  William S. Link                           x
   8-30  Representing:  United Way in Texas
   8-31  City:  Austin
   8-32  -------------------------------------------------------------------
   8-33  Name:  Cleo Glenn-Johnson                        x
   8-34  Representing:  Black United Fund of Tx, Inc.
   8-35  City:  Austin
   8-36  -------------------------------------------------------------------
   8-37  Name:  Carolyn Parker, Exec. Dir.                x
   8-38  Representing:  Texas AIDS Network
   8-39  City:  Austin
   8-40  -------------------------------------------------------------------
   8-41  Name:  Kae McLaughlin, Tri-Agency of Am.         x
   8-42  Representing:  Heart Assn, Cncr Soc, Lung Assn
   8-43  City:  Austin
   8-44  -------------------------------------------------------------------
   8-45  Name:  Kae McLaughlin                            x
   8-46  Representing:  Am Heart Assn, Tx Affiliate
   8-47  City:  Austin
   8-48  -------------------------------------------------------------------
   8-49  Name:  Shannon Noble                             x
   8-50  Representing:  Tx Network of Youth Services
   8-51  City:  Austin
   8-52  -------------------------------------------------------------------
   8-53  Name:  Shannon Noble                             x
   8-54  Representing:  Tx Women's Political Caucus
   8-55  City:  Austin
   8-56  -------------------------------------------------------------------
   8-57  Name:  Sara L. Kelley                            x
   8-58  Representing:  Gray Panthers
   8-59  City:  Austin
   8-60  -------------------------------------------------------------------
   8-61                                                  FOR   AGAINST  ON
   8-62  ___________________________________________________________________
   8-63  Name:  Steve Robison, Board Member               x
   8-64  Representing:  Another Way
   8-65  City:  Austin
   8-66  -------------------------------------------------------------------
   8-67  Name:  Joe Sanchez                               x
   8-68  Representing:  MALDEF
   8-69  City:  San Antonio
   8-70  -------------------------------------------------------------------
    9-1  Name:  James Scott                               x
    9-2  Representing:  Public Citizen
    9-3  City:  Austin
    9-4  -------------------------------------------------------------------
    9-5  Name:  Wade Thomason                             x
    9-6  Representing:  Am Lung Association of Tx
    9-7  City:  Austin
    9-8  -------------------------------------------------------------------
    9-9  Name:  Russell E. Smith                          x
   9-10  Representing:  TREIA
   9-11  City:  Austin
   9-12  -------------------------------------------------------------------
   9-13  Name:  Mary Ellen Nudd                           x
   9-14  Representing:  Mental Health Assn in Texas
   9-15  City:  Austin
   9-16  -------------------------------------------------------------------
   9-17  Name:  Tom Tobin                                 x
   9-18  Representing:  International Service Agencies
   9-19  City:  Austin
   9-20  -------------------------------------------------------------------
   9-21  Name:  John Warren                               x
   9-22  Representing:  United Way/Capitol Area
   9-23  City:  Austin
   9-24  -------------------------------------------------------------------
   9-25  Name:  Ted Roberts                                             x
   9-26  Representing:  Tx Association of Business
   9-27  City:  Austin
   9-28  -------------------------------------------------------------------