1 | 1 | | 89R3440 JBD-F |
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2 | 2 | | By: Vasut H.B. No. 1659 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the payment of employment compensation to state |
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10 | 10 | | employees. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 659.081, Government Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | Sec. 659.081. STATE OFFICERS: PAYMENT ONCE A MONTH. Except |
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15 | 15 | | as provided by [this subchapter or] the General Appropriations Act, |
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16 | 16 | | annual salaries for state officers [and employees] shall be paid |
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17 | 17 | | once a month. |
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18 | 18 | | SECTION 2. Section 659.082, Government Code, is amended to |
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19 | 19 | | read as follows: |
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20 | 20 | | Sec. 659.082. STATE EMPLOYEES: PAYMENT TWICE A MONTH. |
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21 | 21 | | Except as provided by the General Appropriations Act, annual |
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22 | 22 | | salaries for state employees shall [(a) An employee is entitled to] |
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23 | 23 | | be paid [employment compensation] twice a month [if: |
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24 | 24 | | [(1) the employee is employed by: |
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25 | 25 | | [(A) the Texas Department of Mental Health and |
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26 | 26 | | Mental Retardation; |
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27 | 27 | | [(B) the Texas Department of Transportation; |
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28 | 28 | | [(C) the Texas Department of Human Services; |
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29 | 29 | | [(D) the Texas Workforce Commission; |
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30 | 30 | | [(E) the Department of Public Safety; or |
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31 | 31 | | [(F) any other state agency designated by the |
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32 | 32 | | comptroller; |
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33 | 33 | | [(2) the employee holds a classified position under the |
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34 | 34 | | state's position classification plan; |
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35 | 35 | | [(3) the employee's position is classified below salary |
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36 | 36 | | group A12 under classification salary Schedule A in the General |
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37 | 37 | | Appropriations Act; |
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38 | 38 | | [(4) the employing state agency satisfies the |
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39 | 39 | | comptroller's requirements relating to the payment of compensation |
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40 | 40 | | twice a month; and |
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41 | 41 | | [(5) at least 30 percent of the eligible employees of |
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42 | 42 | | the agency choose to be paid twice a month]. |
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43 | 43 | | [(b) Employees of an institution of higher education as |
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44 | 44 | | defined by Section 61.003, Education Code, may be paid twice a month |
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45 | 45 | | at the election of the employing institution of higher education.] |
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46 | 46 | | SECTION 3. Sections 659.083(a) and (b), Government Code, |
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47 | 47 | | are amended to read as follows: |
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48 | 48 | | (a) The [Except as provided by Subsection (b), the] |
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49 | 49 | | comptroller may not pay the salary of a state officer [or employee] |
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50 | 50 | | before the first working day of the month following the payroll |
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51 | 51 | | period. |
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52 | 52 | | (b) The comptroller may not pay the salary of a state |
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53 | 53 | | employee before [shall pay an employee who is paid twice a month |
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54 | 54 | | under Section 659.082 on]: |
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55 | 55 | | (1) the first working day of the month following the |
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56 | 56 | | payroll period that covers the last half of the preceding month; and |
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57 | 57 | | (2) the 15th day of the month or the first working day |
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58 | 58 | | after the 15th for the payroll period that covers the first half of |
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59 | 59 | | the month. |
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60 | 60 | | SECTION 4. Section 659.084, Government Code, is amended to |
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61 | 61 | | read as follows: |
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62 | 62 | | Sec. 659.084. ELECTRONIC FUNDS TRANSFER. Salaries for |
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63 | 63 | | state officers and employees [paid once a month] shall be paid |
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64 | 64 | | through electronic funds transfer under Section 403.016 unless paid |
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65 | 65 | | on warrant as permitted under that section. |
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66 | 66 | | SECTION 5. Section 659.085(d), Government Code, is amended |
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67 | 67 | | to read as follows: |
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68 | 68 | | (d) An agency that may contract with its employees for |
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69 | 69 | | employment for less than a 12-month period may make equal [monthly] |
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70 | 70 | | salary payments under the contract during the contract period or |
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71 | 71 | | during the fiscal year in accordance with the General |
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72 | 72 | | Appropriations Act and equitable rules adopted by the comptroller, |
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73 | 73 | | provided that the salary payments are made twice a month to the |
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74 | 74 | | employees. |
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75 | 75 | | SECTION 6. Section 825.405(c), Government Code, is amended |
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76 | 76 | | to read as follows: |
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77 | 77 | | (c) Monthly, employers shall: |
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78 | 78 | | (1) report to the retirement system in a form |
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79 | 79 | | prescribed by the system a certification of the total amount of |
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80 | 80 | | salary paid above the statutory minimum salary and the total amount |
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81 | 81 | | of employer contributions due under this section for the [payroll] |
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82 | 82 | | period covered by the report; and |
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83 | 83 | | (2) retain information, as determined by the |
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84 | 84 | | retirement system, sufficient to allow administration of this |
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85 | 85 | | section, including information for each employee showing the |
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86 | 86 | | applicable minimum salary as well as aggregate annual compensation. |
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87 | 87 | | SECTION 7. Section 825.407(c), Government Code, is amended |
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88 | 88 | | to read as follows: |
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89 | 89 | | (c) The designated disbursing officer of each general |
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90 | 90 | | academic teaching institution and the designated disbursing |
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91 | 91 | | officer of each medical and dental unit shall: |
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92 | 92 | | (1) submit to the retirement system, at a time and in |
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93 | 93 | | the manner prescribed by the retirement system, a monthly report |
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94 | 94 | | containing a certification of the total amount of salary paid from |
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95 | 95 | | noneducational and general funds and the total amount of employer |
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96 | 96 | | contributions due under this section for the [payroll] period |
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97 | 97 | | covered by the report; and |
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98 | 98 | | (2) maintain and retain the following information: |
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99 | 99 | | (A) the name of each member employed by the |
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100 | 100 | | institution or unit who, for the [most recent payroll] period |
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101 | 101 | | covered by the report, was paid wholly or partly from |
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102 | 102 | | noneducational and general funds; |
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103 | 103 | | (B) the amount of the employee's salary for the |
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104 | 104 | | [most recent payroll] period covered by the report that was paid |
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105 | 105 | | from noneducational and general funds; and |
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106 | 106 | | (C) any other information the retirement system |
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107 | 107 | | determines is necessary to administer this section. |
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108 | 108 | | SECTION 8. Section 825.4071(c), Government Code, is amended |
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109 | 109 | | to read as follows: |
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110 | 110 | | (c) The designated disbursing officer of each public junior |
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111 | 111 | | college and each public junior college district shall: |
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112 | 112 | | (1) submit to the retirement system, at a time and in |
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113 | 113 | | the manner prescribed by the retirement system, a monthly report |
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114 | 114 | | containing a certification that includes: |
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115 | 115 | | (A) the total amount of compensation paid; |
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116 | 116 | | (B) the total amount of employer contributions |
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117 | 117 | | due under this section for the [payroll] period covered by the |
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118 | 118 | | report; and |
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119 | 119 | | (C) any other information the retirement system |
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120 | 120 | | determines is necessary to administer this section; and |
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121 | 121 | | (2) maintain and retain the following information: |
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122 | 122 | | (A) the name of each member employed by the |
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123 | 123 | | public junior college or public junior college district; |
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124 | 124 | | (B) the amount of the member's salary for the |
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125 | 125 | | [most recent payroll] period covered by the report; |
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126 | 126 | | (C) whether the member is a qualifying employee |
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127 | 127 | | under Section 825.404(a-1)(1); and |
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128 | 128 | | (D) any other information the retirement system |
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129 | 129 | | determines is necessary to administer this section. |
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130 | 130 | | SECTION 9. A state agency may adopt rules to implement this |
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131 | 131 | | Act. |
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132 | 132 | | SECTION 10. The changes in law made by this Act apply only |
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133 | 133 | | to the payment of compensation to a state employee for services |
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134 | 134 | | provided by the employee on or after September 1, 2025. The payment |
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135 | 135 | | of compensation to a state employee for services provided by the |
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136 | 136 | | employee before September 1, 2025, is governed by the law in effect |
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137 | 137 | | on the date the employee provided the services, and the former law |
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138 | 138 | | is continued in effect for that purpose. |
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139 | 139 | | SECTION 11. This Act takes effect September 1, 2025. |
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