Texas 2013 - 83rd Regular

Texas House Bill HB2510 Compare Versions

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1	1	83R16192 VOO-F
2	2	By: Anchia H.B. No. 2510
3	3	Substitute the following for H.B. No. 2510:
4	4	By: Cook C.S.H.B. No. 2510
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the continuation and functions of the state employee
10	10	charitable campaign; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 659.131(11), Government Code, is amended
13	13	to read as follows:
14	14	(11) "Local campaign area" means an area established
15	15	by the state policy committee under Section 659.140(e)(1)(A) [the
16	16	county or counties] in which a local campaign is conducted as part
17	17	of the [manager conducts a] state employee charitable campaign.
18	18	SECTION 2. Section 659.132(g), Government Code, is amended
19	19	to read as follows:
20	20	(g) An authorization must direct the comptroller to
21	21	distribute the deducted funds to a participating federation or fund
22	22	or a local charitable organization selected by the state policy
23	23	committee [and a local campaign manager] as prescribed by rule.
24	24	SECTION 3. Section 659.133(a), Government Code, is amended
25	25	to read as follows:
26	26	(a) Participation by a state employee in a state employee
27	27	charitable campaign is voluntary. The state [Each] campaign
28	28	manager, any local employee committee or local campaign manager
29	29	appointed by the state policy committee, each charitable
30	30	organization, each state employee, and each state agency shall
31	31	inform state employees that deductions are voluntary.
32	32	SECTION 4. Section 659.140, Government Code, is amended by
33	33	amending Subsections (a), (b), and (e) and adding Subsections (c-1)
34	34	and (e-1) to read as follows:
35	35	(a) The state employee charitable campaign policy committee
36	36	shall consist of nine [13] members.
37	37	(b) The governor with the advice and consent of the senate
38	38	shall appoint two [four] members who are state employees at the time
39	39	of their appointment and one member [three members] who is a [are]
40	40	retired state employee [employees] receiving benefits under
41	41	Chapter 814. The lieutenant governor and the comptroller shall
42	42	[may] appoint [not more than] three members each. An appointment to
43	43	the committee shall be made without regard to the race, color,
44	44	disability, sex, religion, age, or national origin of the
45	45	appointee. The state policy committee shall elect a chair
46	46	[chairman] biennially from its own membership.
47	47	(c-1) The governor, lieutenant governor, and comptroller
48	48	shall attempt to appoint members to the state policy committee from
49	49	institutions of higher education and a range of small, medium, and
50	50	large state agencies.
51	51	(e) The state policy committee shall:
52	52	(1) establish the organization and structure of the
53	53	state employee charitable campaign at the state and local levels,
54	54	including:
55	55	(A) establishing local campaign areas [based on
56	56	recommendations by the state advisory committee];
57	57	(B) appointing any local employee committees the
58	58	state policy committee considers necessary to assist the state
59	59	policy committee with evaluating applications from organizations
60	60	that seek to participate in the state employee charitable campaign
61	61	only in a local campaign area; and
62	62	(C) appointing any local campaign managers the
63	63	state policy committee considers necessary to administer the state
64	64	employee charitable campaign in a local campaign area;
65	65	(2) develop a strategic plan for the state employee
66	66	charitable campaign and make changes to improve the campaign as
67	67	necessary;
68	68	(3) in coordination with the state campaign manager,
69	69	post on the state employee charitable campaign Internet website
70	70	annual summary information regarding the state employee charitable
71	71	campaign's performance, including information about:
72	72	(A) state employee participation;
73	73	(B) the amount of donations pledged and
74	74	collected;
75	75	(C) the amount of donations pledged to and
76	76	received by each charitable organization;
77	77	(D) the total cost to administer the state
78	78	employee charitable campaign; and
79	79	(E) the balance of any surplus account maintained
80	80	by the state policy committee;
81	81	(4) [(2)] select as the state campaign manager:
82	82	(A) a federated community campaign organization;
83	83	or
84	84	(B) a charitable organization determined by the
85	85	state policy committee to have demonstrated the capacity to conduct
86	86	a state campaign;
87	87	(5) enter into a contract with the state campaign
88	88	manager selected under Subdivision (4) for the administration of
89	89	the state employee charitable campaign;
90	90	(6) [(3)] determine the eligibility of:
91	91	(A) a federation or fund and its affiliated
92	92	agencies for statewide participation in the state employee
93	93	charitable campaign; and
94	94	(B) if the state policy committee does not
95	95	appoint a local employee committee, a charitable organization for
96	96	participation in the state employee charitable campaign in a local
97	97	campaign area;
98	98	(7) develop in coordination with the state campaign
99	99	manager, review, and approve:
100	100	(A) an annual [(4) approve the recommended]
101	101	campaign plan;
102	102	(B) an annual[,] budget, including:
103	103	(i) costs related to contracting for the
104	104	administration of the state employee charitable campaign at the
105	105	state and local levels;
106	106	(ii) costs related to changes or
107	107	improvements to the state employee charitable campaign; and
108	108	(iii) other costs determined and
109	109	prioritized by the state policy committee; and
110	110	(C) generic materials to be used for the [by]
111	111	campaign [managers];
112	112	(8) [(5)] oversee the state employee charitable
113	113	campaign to ensure that all:
114	114	(A) campaign activities are conducted fairly and
115	115	equitably to promote unified solicitation on behalf of all
116	116	participants; and
117	117	(B) donations are appropriately distributed by a
118	118	federation or fund or a charitable organization that receives money
119	119	from the state employee charitable campaign; and
120	120	(9) [(6)] perform other duties prescribed by the
121	121	comptroller's rules.
122	122	(e-1) The comptroller shall provide administrative support
123	123	to the state policy committee, including assistance in:
124	124	(1) developing and overseeing contracts;
125	125	(2) developing the budget of the state employee
126	126	charitable campaign; and
127	127	(3) any other administrative function the state policy
128	128	committee determines is necessary.
129	129	SECTION 5. Section 659.140(c), Government Code, as amended
130	130	by Chapters 280 (H.B. 1608), 1249 (S.B. 1664), and 1015 (H.B. 2549),
131	131	Acts of the 82nd Legislature, Regular Session, 2011, is reenacted
132	132	and amended to read as follows:
133	133	(c) [A member of the state policy committee may not receive
134	134	compensation for serving on the committee and is not entitled to
135	135	reimbursement from state funds for expenses incurred in performing
136	136	functions as a member of the committee.] The state policy
137	137	committee must:
138	138	(1) be composed of employees and retired state
139	139	employees receiving benefits under Chapter 814; and
140	140	(2) in its membership, represent employees at
141	141	different levels of employee classification.
142	142	SECTION 6. Subchapter I, Chapter 659, Government Code, is
143	143	amended by adding Sections 659.1401 and 659.1402 to read as
144	144	follows:
145	145	Sec. 659.1401. GROUNDS FOR REMOVAL FROM STATE POLICY
146	146	COMMITTEE. (a) It is a ground for removal from the state policy
147	147	committee that a member:
148	148	(1) does not have at the time of taking office the
149	149	qualifications required by Section 659.140;
150	150	(2) does not maintain during service on the state
151	151	policy committee the qualifications required by Section 659.140;
152	152	(3) is ineligible for membership under Section
153	153	659.140;
154	154	(4) cannot, because of illness or disability,
155	155	discharge the member's duties for a substantial part of the member's
156	156	term; or
157	157	(5) is absent from more than half of the regularly
158	158	scheduled state policy committee meetings that the member is
159	159	eligible to attend during a calendar year without an excuse
160	160	approved by a majority vote of the state policy committee.
161	161	(b) The validity of an action of the state policy committee
162	162	is not affected by the fact that it is taken when a ground for
163	163	removal of a state policy committee member exists.
164	164	(c) If the chair of the state policy committee has knowledge
165	165	that a potential ground for removal exists, the chair shall notify
166	166	the governor and the attorney general that a potential ground for
167	167	removal exists. If the potential ground for removal involves the
168	168	chair, another member of the state policy committee shall notify
169	169	the governor and the attorney general that a potential ground for
170	170	removal exists.
171	171	Sec. 659.1402. TRAINING FOR STATE POLICY COMMITTEE MEMBERS.
172	172	(a) A person who is appointed to and qualifies for office as a
173	173	member of the state policy committee may not vote, deliberate, or be
174	174	counted as a member in attendance at a meeting of the state policy
175	175	committee until the person completes a training program that
176	176	complies with this section.
177	177	(b) The training program must provide the person with
178	178	information regarding:
179	179	(1) the legislation that created the state employee
180	180	charitable campaign;
181	181	(2) the programs, functions, rules, and budget of the
182	182	state employee charitable campaign;
183	183	(3) the results of the most recent formal audit of the
184	184	state employee charitable campaign;
185	185	(4) the requirements of laws relating to open
186	186	meetings, public information, administrative procedure, and
187	187	conflicts of interest; and
188	188	(5) any applicable ethics policies adopted by the
189	189	Texas Ethics Commission or adopted for the state employee
190	190	charitable campaign by the state policy committee.
191	191	SECTION 7. Section 659.141, Government Code, is amended to
192	192	read as follows:
193	193	Sec. 659.141. STATE CAMPAIGN MANAGER. The state campaign
194	194	manager shall:
195	195	(1) assist the state policy committee to:
196	196	(A) develop a campaign plan;
197	197	(B) develop [(2) prepare] a [statewide]
198	198	campaign budget [in cooperation with local campaign managers]; and
199	199	(C) [(3)] prepare generic materials to be used
200	200	for the campaign [by campaign managers];
201	201	(2) [(4)] coordinate and facilitate campaign services
202	202	to state employees throughout the state;
203	203	(3) [(5)] ensure that all state employee charitable
204	204	campaign activities are conducted fairly and equitably to promote
205	205	unified solicitation on behalf of all participants; [and]
206	206	(4) [(6)] perform other duties prescribed by the
207	207	comptroller's rules; and
208	208	(5) perform other duties required by the contract with
209	209	the state policy committee.
210	210	SECTION 8. Sections 659.142(b) and (e), Government Code,
211	211	are amended to read as follows:
212	212	(b) [Four members must represent campaign managers.] Four
213	213	members must represent statewide or local federations or funds
214	214	[that are not campaign managers]. Four members must represent
215	215	other charitable organizations participating in the state employee
216	216	charitable campaign.
217	217	(e) The state advisory committee shall:
218	218	(1) advise the comptroller and state policy committee
219	219	in adopting rules and establishing procedures for the operation and
220	220	management of the state employee charitable campaign; and
221	221	(2) provide input from charitable organizations
222	222	participating in the state employee charitable campaign to the
223	223	state policy committee [recommend the number, not to exceed 50, and
224	224	geographic scope of local campaign areas to the state policy
225	225	committee; and
226	226	[(3) review and submit the recommended campaign plan,
227	227	budget, and generic materials to be used by campaign managers].
228	228	SECTION 9. Section 659.145, Government Code, is amended to
229	229	read as follows:
230	230	Sec. 659.145. TERMS OF COMMITTEE MEMBERS; COMPENSATION.
231	231	(a) A member of the state advisory committee[, the state policy
232	232	committee, or a local employee committee] serves a two-year term.
233	233	(a-1) Members of the state policy committee serve staggered
234	234	terms of two years, with the terms of four or five members expiring
235	235	September 1 of each year.
236	236	(b) A member of the state advisory committee, the state
237	237	policy committee, or a local employee committee appointed by the
238	238	state policy committee may not receive compensation for serving on
239	239	the committee and is not entitled to reimbursement from state funds
240	240	for expenses incurred in performing functions as a member of the
241	241	committee.
242	242	SECTION 10. Section 659.146, Government Code, is amended by
243	243	amending Subsection (e) and adding Subsections (f) and (g) to read
244	244	as follows:
245	245	(e) An appeal from a decision of the state policy committee
246	246	shall be conducted in the manner prescribed by the committee. The
247	247	appeals process must permit a charitable organization that is not
248	248	approved for statewide participation to apply for participation in
249	249	the [a local] state employee charitable campaign only in a local
250	250	campaign area.
251	251	(f) The state policy committee shall develop guidelines for
252	252	evaluation of applications based on eligibility criteria under this
253	253	section and Section 659.150. The state policy committee shall make
254	254	the guidelines publicly available.
255	255	(g) A federation or organization that participated in the
256	256	state employee charitable campaign before June 20, 2003, is not
257	257	barred from participation in the program, both in terms of actual
258	258	participation and the purposes for which the contributions are
259	259	used, solely as a result of changes made by Sections 35, 36, 37, and
260	260	121(9) and (11), Chapter 1310 (H.B. 2425), Acts of the 78th
261	261	Legislature, Regular Session, 2003. This subsection does not excuse
262	262	a federation or organization from compliance with any other law,
263	263	rule, or state policy.
264	264	SECTION 11. Section 659.147, Government Code, is amended to
265	265	read as follows:
266	266	Sec. 659.147. ELIGIBILITY OF CHARITABLE ORGANIZATIONS FOR
267	267	LOCAL PARTICIPATION. (a) A charitable organization that seeks to
268	268	participate [local participation] in the [a] state employee
269	269	charitable campaign only in a local campaign area must apply to the
270	270	state policy committee [appropriate local employee committee]
271	271	during the annual eligibility determination period specified by the
272	272	state policy committee.
273	273	(b) The state policy committee, with assistance of any
274	274	applicable local employee committee appointed by the state policy
275	275	committee, shall review each application and may approve a
276	276	charitable organization for [local] participation only in a local
277	277	campaign area only if the organization qualifies as a local
278	278	charitable organization and is:
279	279	(1) an unaffiliated local organization; or
280	280	(2) a federation or fund or an affiliate of a
281	281	federation or fund that is not approved for statewide
282	282	participation.
283	283	(c) An affiliated organization of an eligible federation or
284	284	fund that does not qualify as a statewide charitable organization
285	285	under Section 659.146 because it does not provide services in two or
286	286	more noncontiguous standard metropolitan statistical areas may
287	287	apply to the state policy committee [a local employee committee]
288	288	for participation in the [a local] state employee charitable
289	289	campaign only in a local campaign area.
290	290	(d) An appeal from a decision of the state policy committee
291	291	regarding the eligibility of an organization to participate in the
292	292	state employee charitable campaign only in a local campaign area [a
293	293	local employee committee] shall be conducted in the manner
294	294	prescribed by the state policy committee.
295	295	(e) The state policy committee shall develop guidelines for
296	296	evaluation of applications based on eligibility criteria under this
297	297	section and Section 659.150. The state policy committee shall make
298	298	the guidelines publicly available.
299	299	SECTION 12. Section 659.148, Government Code, is amended
300	300	by amending Subsections (a), (b), and (c) and adding Subsection
301	301	(b-1) to read as follows:
302	302	(a) The state [A] campaign manager or any local campaign
303	303	manager appointed by the state policy committee may not charge a fee
304	304	to the comptroller, a state agency, or a state employee for the
305	305	services the state campaign manager or local campaign manager
306	306	provides in connection with a state employee charitable campaign.
307	307	(b) The state [A] campaign manager may charge a reasonable
308	308	and necessary fee for actual campaign expenses to the participating
309	309	charitable organizations in the same proportion that the
310	310	contributions to that charitable organization bear to the total of
311	311	contributions in the state employee charitable campaign.
312	312	(b-1) If the state policy committee appoints a local
313	313	campaign manager to administer the state employee charitable
314	314	campaign in a local campaign area, the state policy committee may
315	315	authorize the local campaign manager to charge a reasonable and
316	316	necessary fee in the same manner provided for the state campaign
317	317	manager under Subsection (b).
318	318	(c) Fees [A fee] under Subsections [Subsection] (b) and
319	319	(b-1) must be based on the combined expenses of the state campaign
320	320	manager and any [each] local campaign managers appointed by the
321	321	state policy committee [manager] and may not exceed 10 percent of
322	322	the total amount collected in the state employee charitable
323	323	campaign unless the state policy committee approves a higher amount
324	324	to accommodate reasonable documented costs.
325	325	SECTION 13. Section 659.151, Government Code, is amended by
326	326	amending Subsections (a), (b), and (c), and adding Subsection (a-1)
327	327	to read as follows:
328	328	(a) The state policy committee may request the comptroller
329	329	or state auditor to audit a participating charitable organization,
330	330	the state [a] campaign manager, or a local employee committee or
331	331	local campaign manager appointed by the state policy committee that
332	332	the state policy committee reasonably believes has misapplied
333	333	contributions under this subchapter.
334	334	(a-1) At the request of the state policy committee, the
335	335	comptroller shall audit a participating charitable organization's
336	336	distributions of money received from the state employee charitable
337	337	campaign.
338	338	(b) If an audit under this section reveals gross negligence
339	339	or intentional misconduct on the part of the state [a] campaign
340	340	manager or a local employee committee or local campaign manager
341	341	appointed by the state policy committee, the state policy committee
342	342	shall remove the campaign manager or local employee committee. A
343	343	person removed under this subsection is not eligible to serve in the
344	344	capacity from which the person was removed before the fifth
345	345	anniversary of the date the person was removed.
346	346	(c) If an audit under this section reveals intentional
347	347	misconduct on the part of the state [a] campaign manager, [or] a
348	348	local employee committee or local campaign manager appointed by the
349	349	state policy committee, or a participating charitable organization
350	350	that has distributed money received from the state employee
351	351	charitable campaign, the state policy committee shall forward its
352	352	findings to the appropriate law enforcement agency.
353	353	SECTION 14. Section 659.153, Government Code, is amended to
354	354	read as follows:
355	355	Sec. 659.153. LEGAL REPRESENTATION. The attorney general
356	356	shall represent the state policy committee and any [each] local
357	357	employee committee appointed by the state policy committee in all
358	358	legal matters.
359	359	SECTION 15. Sections 659.131(1), (12), and (14),
360	360	659.140(i), 659.143, and 659.144, Government Code, are repealed.
361	361	SECTION 16. (a) Section 18.01, Chapter 3 (H.B. 7), Acts of
362	362	the 78th Legislature, 3rd Called Session, 2003, is repealed.
363	363	(b) Each federation or charitable organization is subject
364	364	to Section 659.146(a)(3), Government Code.
365	365	(c) Subsections (a) and (b) of this section and Section
366	366	659.146(g), Government Code, as added by this Act, apply only to the
367	367	eligibility of a charitable organization to participate in, and the
368	368	use of contributions from, a state employee charitable campaign
369	369	conducted on or after January 1, 2014.
370	370	(d) This section and Section 659.146(g), Government Code,
371	371	as added by this Act, take effect January 1, 2014.
372	372	SECTION 17. (a) The term of each member of the state
373	373	employee charitable campaign policy committee expires September 1,
374	374	2013.
375	375	(b) Not later than September 2, 2013:
376	376	(1) the governor shall appoint one member who is a
377	377	state employee and one member who is a retired state employee
378	378	receiving benefits under Chapter 814, Government Code, the
379	379	lieutenant governor shall appoint one member, and the comptroller
380	380	shall appoint one member to the state employee charitable campaign
381	381	policy committee for terms expiring September 1, 2014; and
382	382	(2) the governor shall appoint one member who is a
383	383	state employee, the lieutenant governor shall appoint two members,
384	384	and the comptroller shall appoint two members to the state employee
385	385	charitable campaign policy committee for terms expiring September
386	386	1, 2015.
387	387	SECTION 18. Not later than December 31, 2013, the
388	388	comptroller of public accounts shall adopt rules necessary to
389	389	implement the changes in law made by this Act.
390	390	SECTION 19. Any changes made by the state employee
391	391	charitable campaign policy committee to the operation of the state
392	392	employee charitable campaign under Section 659.140(e), Government
393	393	Code, as amended by this Act, apply only to a state employee
394	394	charitable campaign conducted on or after January 1, 2014.
395	395	SECTION 20. Except as otherwise provided by this Act, this
396	396	Act takes effect September 1, 2013.