| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to recovery by school districts of overpayments of salary |
|
|
to district employees. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 22, Education Code, is |
|
|
amended by adding Section 22.0011 to read as follows: |
|
|
Sec. 22.0011. SALARY DEDUCTIONS FOR OVERPAYMENTS. (a) A |
|
|
school district that overpays an employee may recover the |
|
|
overpayment through subsequent deductions from the salary paid to |
|
|
the employee only if: |
|
|
(1) the district notifies the employee in writing of |
|
|
the overpayment and the proposed schedule of deductions to recover |
|
|
the overpayment at least two pay periods before the first deduction |
|
|
occurs; and |
|
|
(2) each deduction made to recover the overpayment |
|
|
occurs within one year of the date the overpayment was made. |
|
|
(b) A deduction from an employee's salary for a pay period |
|
|
may not: |
|
|
(1) exceed more than 15 percent of the employee's gross |
|
|
salary earned for that pay period; or |
|
|
(2) reduce the employee's gross salary for that pay |
|
|
period to a rate that is less than the greater of: |
|
|
(A) the federal minimum wage under the Fair Labor |
|
|
Standards Act of 1938 (29 U.S.C. Section 206); or |
|
|
(B) the minimum wage specified in Chapter 62, |
|
|
Labor Code. |
|
|
(c) A school district may not require an employee to waive |
|
|
the application of this section to the employee as a condition of |
|
|
employment. |
|
|
SECTION 2. This Act takes effect September 1, 2015. |