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AN ACT
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relating to the authority of a state employee to authorize a |
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deduction from the employee's salary or wage payment for a |
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charitable contribution to certain entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 4, Government Code, is amended |
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by adding Chapter 450 to read as follows: |
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CHAPTER 450. EDUCATIONAL PROGRAMS TO ADVANCE THE TEACHING OF TEXAS |
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HISTORY |
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Sec. 450.001. APPLICABILITY OF CHAPTER. In this chapter |
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"charitable historical organization" means an entity that: |
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(1) is organized as a nonprofit organization; |
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(2) has its main office at an institution of higher |
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education, as that term is defined under Section 61.003, Education |
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Code; and |
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(3) maintains an established educational department |
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that provides: |
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(A) opportunities for students in this state to |
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study and work to preserve the history, heritage, and symbols of |
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this state; and |
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(B) training and resources to assist educators in |
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developing effective strategies to teach students about the |
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heritage, history, and symbols of this state. |
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Sec. 450.002. FUNDING. For the purposes of Subchapter I, |
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Chapter 659: |
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(1) a charitable historical organization is |
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considered an eligible charitable organization entitled to |
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participate in a state employee charitable campaign; and |
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(2) a state employee is entitled to authorize a |
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deduction for contributions to a charitable historical |
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organization as a charitable contribution under Section 659.132, |
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and the organization may use the contributions for the purpose of |
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administering and providing educational outreach programs |
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established by the organization. |
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SECTION 2. Sections 659.140 and 659.134, Government Code, |
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are amended to read as follows: |
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Sec. 659.140. STATE EMPLOYEE CHARITABLE CAMPAIGN POLICY |
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COMMITTEE. (a) The state employee charitable campaign policy |
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committee shall consist [consists] of 13 [not more than 10] |
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members. |
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(b) The governor with the advice and consent of the senate |
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shall [may] appoint four members who are state employees at the time |
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of their appointment and three members who are retired state |
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employees receiving benefits under Chapter 814 [not more than four
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members]. The lieutenant governor and the comptroller may appoint |
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not more than three members each. An appointment to the committee |
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shall be made without regard to the race, color, disability, sex, |
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religion, age, or national origin of the appointee. The state |
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policy committee shall elect a chairman biennially from its own |
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membership. |
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(c) A [Each] member of the state policy committee may not |
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receive compensation for serving on the committee and is not |
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entitled to reimbursement from state funds for expenses incurred in |
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performing functions as a member of the committee [must be a state
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employee]. The membership must represent employees at different |
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levels of employee classification. |
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(d) A person may not be a member of the committee if the |
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person or the person's spouse is employed by or participates in the |
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management or sits on the board of any entity or organization |
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including any federation or fund that receives money through the |
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state employee charitable campaign [Appointments shall be made to
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the state policy committee to ensure that the committee reflects
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the race, ethnicity, and national origin of the residents of this
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state]. |
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(e) The state policy committee shall: |
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(1) establish local campaign areas based on |
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recommendations by the state advisory committee; |
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(2) select as the state campaign manager: |
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(A) a federated community campaign organization; |
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or |
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(B) [in the absence of an application by an
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organization described by Paragraph (A),] a charitable |
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organization determined by the state policy committee to have |
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demonstrated the capacity to conduct a state campaign; |
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(3) determine the eligibility of a federation or fund |
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and its affiliated agencies for statewide participation in the |
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state employee charitable campaign; |
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(4) approve the recommended campaign plan, budget, and |
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generic materials to be used by campaign managers; |
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(5) oversee the state employee charitable campaign to |
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ensure that all campaign activities are conducted fairly and |
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equitably to promote unified solicitation on behalf of all |
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participants; and |
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(6) perform other duties prescribed by the |
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comptroller's rules. |
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(f) The state employee charitable campaign policy committee |
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is subject to the open meetings law, Chapter 551, Government Code. |
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(g) The state employee charitable campaign policy committee |
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is subject to the public information law, Chapter 552, Government |
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Code. |
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(h) Any contract entered into under Chapter 659, Subchapter |
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I must require the contracting vendor, institution, individual, |
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corporation, or other business or charitable entity to provide all |
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information maintained by the entity related to the expenditure of |
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public funds to the state employee charitable campaign policy |
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committee upon request. |
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(i) The state employee charitable campaign policy committee |
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is subject to the Texas Sunset Act. Unless continued in existence |
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as provided by that chapter, the committee is abolished and |
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Government Code Chapter 659, Subchapter I, and Sections 814.0095 |
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and 814.0096 expire on September 1, 2013. |
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Sec. 659.134. DESIGNATION OF AN ELIGIBLE CHARITABLE |
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ORGANIZATION. (a) A state employee or retired state employee |
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receiving benefits under Chapter 814 who chooses to make a |
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deduction must [may] designate in the authorization an eligible |
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charitable organization to receive the deductions. |
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[(b)
If a state employee does not designate an eligible
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charitable organization, the employee's deductions shall be
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distributed to each participating federation or fund and eligible
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local charitable organization in the proportion that the deductions
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designated for that charitable organization bear to the total of
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designated deductions in the local state employee charitable
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campaign.] |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2549 was passed by the House on May 5, |
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2011, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2549 on May 27, 2011, by the following vote: Yeas 137, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2549 was passed by the Senate, with |
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amendments, on May 25, 2011, by the following vote: Yeas 31, Nays |
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0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |