Part 1.
COMPTROLLER OF PUBLIC ACCOUNTS
Chapter 3.
TAX ADMINISTRATION
Subchapter L. MOTOR FUEL TAX
34 TAC §3.199
The Comptroller of Public Accounts adopts the repeal of §3.199,
concerning unregulated mixtures, without changes to the proposed text as published
in the April 19, 2002, issue of the
Texas Register
(27 TexReg 3311).
This rule is being repealed because the authority for the administration
and collection of the motor fuel testing fee was transferred from the comptroller
to the Texas Department of Agriculture, effective May 22, 2001. The rule was
previously necessary to describe the types of fuel that were excepted from
motor fuel testing because the fuel types did not contain sufficient quantities
of alcohol to warrant regulation.
No comments were received regarding adoption of the repeal.
This adoption is adopted under Tax Code, §111.002 and §111.0022,
which provides the comptroller with the authority to prescribe, adopt, and
enforce rules relating to the administration and enforcement of the provisions
of the Tax Code, Title 2, and taxes, fees, or other charges which the comptroller
administers under other law.
The adoption implements Texas Civil Statutes, Title 132, Art. 8614, §9(b).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 28, 2002.
TRD-200203263
Martin Cherry
Deputy General Counsel for Taxation
Comptroller of Public Accounts
Effective date: June 17, 2002
Proposal publication date: April 19, 2002
For further information, please call: (512) 475-0387
Chapter 325.
GENERAL STATE POLICY COMMITTEE PROVISIONS
34 TAC §§325.3, 325.5, 325.7
The State Employee Charitable Campaign Policy Committee (SPC)
adopts new §§325.3, 325.5, and 325.7, concerning general state policy
committee provisions, without changes to the proposed text of §325.3
and §325.5, and with changes to the proposed text of §325.7, as
published in the February 8, 2002, issue of the
Texas Register
(27 TexReg 872).
These new sections are adopted to clarify and codify existing SPC policy
regarding the conduct and activities of the SPC members. Section 325.3 identifies
the SPC officers; §325.5 provides requirements for SPC meetings; and §325.7
sets out the SPC policy regarding travel expenses, based on the limitations
provided in the State Employee Charitable Campaign (SECC) statute.
No comments were received regarding adoption of §325.3 and §325.5;
however, comments were received regarding adoption of §325.7. The Office
of the Local Campaign Manager in Midland, Texas, commented that references
to the "SECC manager" should be clarified to state the "SECC state campaign
manager." The SPC agrees, and subsections (a) and (d) of proposed §325.7
have been changed to include the clarification. In addition, the name of the
chapter under which the new rules will reside has been revised to add the
words "State Policy" after the word "General."
Changes to the proposed text of §325.7 as published are clarification
changes and affect no new persons, entities, or subjects other than those
given notice, and compliance with the adopted section will not be affected.
These new sections are adopted under Government Code, §659.139,
which provides that the State Employee Charitable Campaign (SECC) must be
managed fairly and equitably in accordance with the SECC law and the policies
and procedures established by the state policy committee. The SPC interprets
this statute to authorize the adoption of rules to the extent that the policies
and procedures adopted are of general applicability and affect the rights
of third parties, namely charitable organizations, local campaign managers,
local employee committees, the state advisory committee, the state campaign
manager, and state employees.
The other statute, article, or section affected by the adopted rules is
Government Code, §659.145, regarding terms and compensation of committee
members.
§325.7.Travel Expenses.
(a)
State Employee Charitable Campaign Policy Committee (SPC)
and State Employee Charitable Campaign Advisory Committee (SAC) members make
their own travel arrangements and seek reimbursement from the State Employee
Charitable Campaign (SECC) state campaign manager.
(b)
Reimbursements are made at the State of Texas rates for
per diem, airfare, car allowances, hotel and lodging expenses, cab fare, and
parking with the following special provisions.
(1)
Airfare. Airfare is reimbursed at the average coach airfare
at two week advance rate unless approved by the SPC chair.
(2)
Mileage. Mileage is reimbursed as provided in the
(c)
Original receipts are required for all reimbursements,
with the exception of per diem and parking using a parking meter.
(d)
Expenses will be reimbursed within 21 days of receipt of
the expense reimbursement form. The reimbursement form must be received in
the SECC state campaign manager's office by 30 days following the SPC or SAC
meeting to which the expenses pertain.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 3, 2002.
TRD-200203423
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: June 23, 2002
Proposal publication date: February 8, 2002
For further information, please call: (512) 463-3699
34 TAC §326.1
The State Employee Charitable Campaign Policy Committee (SPC)
adopts new §326.1, concerning 10% cap, with changes to the proposed text
as published in the February 8, 2002, issue of the
Texas Register
(27 TexReg 872).
The new section is adopted to codify existing SPC policy regarding campaign
expenses that may be charged by a state campaign manager. §326.1 sets
forth the nature of and the maximum amount of expenses that may be charged
to the campaign by a state campaign manager.
No comments were received regarding adoption of the new rule.
The following changes were made to the text of the proposed rule for clarification
and to correct punctuation: a comma has been inserted after the words "each
local campaign manager"; and the words "the total combined fee" have been
inserted before the words "may not exceed 10%." These changes affect no new
persons, entities, or subjects other than those given notice, and compliance
with the adopted section will not be affected.
The new section is adopted under Government Code, §659.139,
which provides that the State Employee Charitable Campaign (SECC) must be
managed fairly and equitably in accordance with the SECC law and the policies
and procedures established by the state policy committee. The SPC interprets
this statute to authorize the adoption of rules to the extent that the policies
and procedures adopted are of general applicability and affect the rights
of third parties, namely charitable organizations, local campaign managers,
local employee committees, the state advisory committee, the state campaign
manager, and state employees.
The other statute, article, or section affected by the adopted rule is
Government Code, §659.148, regarding fees.
§326.1.10% Cap.
The only fee a campaign manager may charge is for actual campaign expenses
that are reasonable and necessary. The fee must be based on the combined expenses
of the state campaign manager and each local campaign manager, and the total
combined fee may not exceed 10% of the total amount collected in the state
employee charitable campaign unless the State Policy Committee approves a
higher amount to accommodate reasonable documented costs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 3, 2002.
TRD-200203424
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: June 23, 2002
Proposal publication date: February 8, 2002
For further information, please call: (512) 463-3699
34 TAC §327.1
The State Employee Charitable Campaign Policy Committee (SPC)
adopts new §327.1, concerning local campaign management, with changes
to the proposed text as published in the February 8, 2002, issue of the
The new section is adopted to codify existing SPC policy regarding campaign
expenses that may be charged by local campaign managers. §327.1 sets
forth the nature of and the maximum amount of expenses that may be charged
to the campaign by a local campaign manager.
No comments were received regarding adoption of the new rule.
The following changes were made to the text of the proposed rule for clarification
and to correct punctuation: a comma has been inserted after the words "each
local campaign manager"; and the words "the total combined fee" have been
inserted before the words "may not exceed 10%." These changes affect no new
persons, entities, or subjects other than those given notice, and compliance
with the adopted section will not be affected.
The new rule is adopted under Government Code, §659.139,
which provides that the state employee charitable campaign must be managed
fairly and equitably in accordance with the SECC law and the policies and
procedures established by the state policy committee. The SPC interprets this
statute to authorize the adoption of rules to the extent that the policies
and procedures adopted are of general applicability and affect the rights
of third parties, namely charitable organizations, local campaign managers,
local employee committees, the state advisory committee, the state campaign
manager, and state employees.
The other statute, article, or section affected by the adopted rule is
Government Code, §659.148, regarding fees.
§327.1.10% Cap.
The only fee a campaign manager may charge is for actual campaign expenses
that are reasonable and necessary. The fee must be based on the combined expenses
of the state campaign manager and each local campaign manager, and the total
combined fee may not exceed 10% of the total amount collected in the state
employee charitable campaign unless the State Policy Committee approves a
higher amount to accommodate reasonable documented costs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 3, 2002.
TRD-200203425
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: June 23, 2002
Proposal publication date: February 8, 2002
For further information, please call: (512) 463-3699
34 TAC §329.3
The State Employee Charitable Campaign Policy Committee (SPC)
adopts new §329.3, concerning the 25% administrative cost cap, without
changes to the proposed text as published in the February 8, 2002, issue of
the
Texas Register
(27 TexReg 874).
The new rule is adopted to codify SPC policy regarding the standards and
criteria that the SPC uses to determine the eligibility of organizations to
participate in the state employee charitable campaign and to be listed amongst
other charitable organizations as being eligible to receive charitable contributions
from state employees. §329.3 restates the statutory maximum cap on the
portion of an organization's revenue that may be spent on administrative expenses.
In various campaign years there has been uncertainty among charitable organizations
regarding the methodology that should be used to determine expenses. The new
rule provides a method for calculating administrative expenses and rounding
off expenses to arrive at a percentage figure. The method for calculating
expenses and the "rounding off" policy are required to ensure that all organizations
are judged on the same type of data, and that the determination of that data
is based on a method that is used consistently among all organizations. The
adoption of one methodology promotes a fair campaign. For the same reasons,
the rule also provides the criteria and standards that the SPC uses when it
considers applications for exemption from the 25% cap.
No comments were received regarding adoption of the new rule.
The new section is adopted under Government Code, §659.139,
which provides that the State Employee Charitable Campaign (SECC) must be
managed fairly and equitably in accordance with the SECC law and the policies
and procedures established by the state policy committee. The SPC interprets
this statute to authorize the adoption of rules to the extent that the policies
and procedures adopted are of general applicability and affect the rights
of third parties, namely charitable organizations, local campaign managers,
local employee committees, the state advisory committee, the state campaign
manager, and state employees.
The other statute, article, or section affected by the adopted rule is
Government Code, §659.146, regarding general eligibility requirements
and eligibility requirements for statewide participation.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 3, 2002.
TRD-200203426
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: June 23, 2002
Proposal publication date: February 8, 2002
For further information, please call: (512) 463-3699
34 TAC §330.3, §330.5
The State Employee Charitable Campaign Policy Committee (SPC)
adopts new §330.3 and §330.5, concerning eligibility criteria for
local federations/funds, affiliated organizations, and local charitable organizations,
without changes to the proposed text as published in the February 8, 2002,
issue of the
Texas Register
(27 TexReg 875).
These new rules are adopted to codify existing SPC policy regarding the
standards and criteria that local employee committees (LECs) use to determine
the eligibility of organizations to participate in the state employee charitable
campaign and to be listed amongst other charitable organizations as being
eligible to receive charitable contributions from state employees.
Section 330.3 restates the statutory maximum cap on the portion of an organization's
revenue that may be spent on administrative expenses. In various campaign
years there has been uncertainty among charitable organizations regarding
the methodology that should be used to determine expenses. The new rule provides
a method for calculating administrative expenses and rounding off expenses
to arrive at a percentage figure. The method for calculating expenses and
the "rounding off" policy are required to ensure that all organizations are
judged on the same type of data, and that the determination of that data is
based on a method that is used consistently among all organizations. The adoption
of one methodology promotes a fair campaign. For the same reasons, the rule
also provides the criteria and standards that the SPC uses when it considers
applications for exemption from the 25% cap.
Section 330.5 sets forth the criteria a charitable organization must meet
in order to meet the eligibility requirements for participation in a local
campaign. The rule clarifies the statutory definition of "local charitable
organization" by interpreting when an organization's office is deemed to be
open, provides requirements to ensure that state employees have access to
the organization, and provides that the LEC has discretion to independently
verify that an organization meets the requirements of this rule. Questions
have arisen in past campaign years regarding the situations that would constitute
an office being open, such as whether a person was required to be in the office
during office hours and whether accessibility to state employees required
a sign outside the office identifying the organization. This rule answers
many of those questions by clearly stating the actions that need to be taken
and the conditions that must exist in the office of the organization to constitute
an open office.
No comments were received regarding adoption of the new rules.
These new sections are adopted under Government Code, §659.139,
which provides that the State Employee Charitable Campaign (SECC) must be
managed fairly and equitably in accordance with the SECC law and the policies
and procedures established by the state policy committee. The SPC interprets
this statute to authorize the adoption of rules to the extent that the policies
and procedures adopted are of general applicability and affect the rights
of third parties, namely charitable organizations, local campaign managers,
local employee committees, the state advisory committee, the state campaign
manager, and state employees.
The other statute, article, or section affected by the adopted rules is
Government Code, §659.131, which defines the term "local charitable organization"
and provides certain eligibility criteria for the participation of such local
charitable organizations in the charitable campaign.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 3, 2002.
TRD-200203427
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: June 23, 2002
Proposal publication date: February 8, 2002
For further information, please call: (512) 463-3699
34 TAC §331.5
The State Employee Charitable Campaign Policy Committee (SPC)
adopts new §331.5, concerning the appeal process for statewide federations/funds
and affiliated organizations, without changes to the proposed text as published
in the February 8, 2002, issue of the
Texas Register
(27 TexReg 876).
This new section is adopted to codify existing SPC policy regarding the
process by which appeals from denials of applications for State Employee Charitable
Campaign (SECC) participation are heard by the SPC. The new rule provides
standards by which an appeal from denial of an application will be reviewed
by the SPC. Only complete applications will be reviewed because the SPC cannot
make an informed decision without all of the relevant information. A deadline
of 10 days is provided in order to ensure quick resolution to adverse rulings
and to allow an organization that is denied statewide participation the time
to apply for participation in a local SECC campaign. Faxed appeals are not
accepted because of administrative inconvenience, delay, and uncertainty that
results from the receipt of illegible copies, incomplete transmissions, mechanical
problems, and other vagaries of facsimile transmission.
No comments were received regarding adoption of the new rule.
This new section is adopted under Government Code, §659.139,
which provides that the State Employee Charitable Campaign (SECC) must be
managed fairly and equitably in accordance with the SECC law and the policies
and procedures established by the state policy committee. The SPC interprets
this statute to authorize the adoption of rules to the extent that the policies
and procedures adopted are of general applicability and affect the rights
of third parties, namely charitable organizations, local campaign managers,
local employee committees, the state advisory committee, the state campaign
manager, and state employees.
The other statute, article, or section affected by the adopted rule is
Government Code, §659.146, which requires the SPC to provide an appeals
process.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 3, 2002.
TRD-200203428
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: June 23, 2002
Proposal publication date: February 8, 2002
For further information, please call: (512) 463-3699
34 TAC §332.1, §332.5
The State Employee Charitable Campaign Policy Committee (SPC)
adopts new §332.1 and §332.5, concerning review and appeal procedures
for local federations/funds, affiliated organizations, and local charitable
organizations, without changes to the proposed text as published in the February
8, 2002, issue of the
Texas Register
(27 TexReg
877).
These new sections are adopted to codify existing SPC policy regarding
the process by which applications for participation in the local state employee
charitable campaign (SECC) are received and reviewed. The new sections also
codify current SPC policy regarding appeals to the SPC from Local Employee
Committee (LEC) denials. Only complete applications will be submitted to the
LEC for eligibility review because the LEC cannot make an informed and responsible
decision without all of the requested information. Local applicants that submit
incomplete applications will be notified of the problem and will have time
within which to complete an application. Deadlines must be rigidly enforced
to ensure that the rest of a local campaign is not put behind as a result
of delays caused by incomplete applications. An appellant who was denied participation
as a result of an incomplete application will not be permitted to present
an appeal to the SPC. This limitation is necessary because until all the participating
organizations are known, the local materials and other plans for the local
campaign cannot be completed. Delays in the local campaign can jeopardize
success of the overall campaign. It is not fair to other applicants who submit
their complete applications on time, and it is administratively inconvenient
and inefficient for the LEC or the SPC to encourage or permit an organization
to use the appeal process as a tool to buy the organization time to complete
an application. A deadline of 10 days to file an appeal is provided in order
to ensure quick resolution to appeals so that the local campaign is not delayed
while awaiting an SPC appeal decision. Faxed appeals are not accepted because
of the administrative inconvenience, delay, and uncertainty that results from
the receipt of illegible copies, incomplete transmissions, mechanical problems,
and other vagaries of facsimile transmission.
No comments were received regarding adoption of the new rules.
These new rules are adopted under Government Code, §659.139,
which provides that the State Employee Charitable Campaign (SECC) must be
managed fairly and equitably in accordance with the SECC law and the policies
and procedures established by the state policy committee. The SPC interprets
this statute to authorize the adoption of rules to the extent that the policies
and procedures adopted are of general applicability and affect the rights
of third parties, namely charitable organizations, local campaign managers,
local employee committees, the state advisory committee, the state campaign
manager, and state employees.
The other statute, article, or section affected by the adopted rules is
Government Code, §659.147, which provides application requirements for
a charitable organization that seeks local participation in the SECC and which
requires the SPC to provide an appeals process.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 3, 2002.
TRD-200203429
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: June 23, 2002
Proposal publication date: February 8, 2002
For further information, please call: (512) 463-3699
34 TAC §§333.1, 333.3, 333.5, 333.7
The State Employee Charitable Campaign Policy Committee (SPC),
adopts new §§333.1, 333.3, 333.5, and 333.7, concerning campaign
materials, without changes to the proposed text of §333.1, and with changes
to the proposed text of §§333.3, 333.5, and 333.7, as published
in the February 8, 2002, issue of the
Texas Register
(27 TexReg 877).
These rules are adopted to provide guidance to all participants in the
State Employee Charitable Campaign (SECC) regarding the campaign materials
used during a campaign year. The rules provide for uniform solicitation throughout
the state yet allow flexibility for each campaign area regarding the theme
and the types of materials each area uses. In §333.1, one logo has been
approved for use on all campaign materials. The logo provides an appropriate
and uniform message for the SECC that reflects the purpose of the SECC program.
Sections 333.3(a) and (b), 333.5(c), and 333.7(b)(1) limit the number of themes
that may be submitted and approved by the SPC to three. The SPC has determined
that more than one theme may be desirable in any given campaign year if the
themes submitted are appropriate, and if the SPC determines there is a need
to have more than one theme used throughout the state. No more than three
themes will be approved to ensure a cohesive and uniform approach to each
year's campaign. No themes are considered for approval other than those submitted
in January of every even-numbered year. The limitation is necessary for administrative
efficiency and convenience and to help ensure that the campaign preparations
are not delayed.
Subsections (c) and (d) of §333.7 provide guidelines regarding required
and prohibited elements in directories and mini-directories used in the SECC.
The theme and the logo must appear on the materials to distinguish the SECC
campaign from any other fund-raising effort that may occur at the work site.
This allows state employees to be aware of the program under which they are
making donations and builds a level of accountability into the campaign.
Subsections (c)(10) and (d)(10) of §333.7 require that the order in
which the listings appear in the directories be rotated every year. The regular
rotation ensures unified and fair solicitation to the extent that the order
in which charities appear in the directory can affect those aspects of the
campaign. The SPC wants to ensure that the order in which organizations are
listed does not give state charities an unfair advantage over local charities,
does not give affiliated charities an unfair advantage over unaffiliated charities,
and does not give federations an unfair advantage over unaffiliated or affiliated
charities of other federations. The listings are required to appear alphabetically
within each group because that order is the order most people use to find
information on a list. The SPC believes this rule will ensure that state employees
are presented with choices that are easy to find in the materials.
Section 333.7(e) requires that the SPC and the comptroller approve pledge
forms because state law gives both of those entities the duty to approve generic
materials and to provide the form for making deductions, respectively.
Section 333.7(f) provides that materials not ordered through the campaign
manager must be submitted for approval and approved by the SPC prior to use
to ensure uniformity among campaign areas, fairness among the various campaign
areas, and consistency with the SECC theme and objectives. As a deterrent
to using unapproved materials, the rules provide that materials not approved
by the SPC are not eligible for reimbursement from the campaign funds.
No comments were received regarding adoption of §333.1; however, comments
were received regarding adoption of §§333.3, 333.5, and 333.7.
Comments were received from the Office of the Local Campaign Manager from
Midland, Texas, requesting that the third sentence in §333.3(b) be reworded
in the active voice and that the last sentence in §333.3(b) be clarified
to show that the final phrase, "if provided" refers to the "central purchasing
process." The SPC agreed with the request and has reworded the rule in the
active voice and for clarity. Changes were also made to the last phrase in
the second sentence of §333.3(b) to correct a typographical error. In
that sentence, the word "or" has been changed to "of" so that the phrase now
reads "...some or all of the themes submitted."
The commenter also pointed out a typographical error in §333.5(c)
that caused the words, "whichever is earlier" to appear at the end of the
sentence. The SPC agrees, and the language has been deleted accordingly.
A comment was received from the office of the Comptroller of Public Accounts
regarding §333.7(e)(1), stating that "state approved forms" as used in
the rule should be interpreted as referring to forms approved by the office
of the Comptroller of Public Accounts. The commenter also states that it is
not clear from the language in §333.7(e)(2) whether the forms referred
to in subsection (e)(2) must be approved by the comptroller before the forms
may be used in an SECC campaign. The comment requests that the rule be clarified
to reflect the current policy that the authorization forms must be approved
by the comptroller in addition to the SPC prior to being used.
The SPC agrees. The comptroller and the SPC must approve the authorization
form or pledge cards used in the SECC. Current statute directs the SPC to
approve generic campaign materials. The statute also states that deduction
authorizations shall be in the form prescribed by the comptroller; therefore,
the proposed text of §333.7 has been changed to clarify that the use
of the term "state" in §333.7(e)(1) refers to the comptroller and to
the SPC. The proposed text of §333.7(e)(2) has also been changed to provide
that the SPC will not approve forms under subsection (e)(2) that are not in
compliance with the forms approved by the comptroller and the SPC.
The following additional changes are made to the text of the proposed rules
as published.
In §333.3(b), the third sentence is reworded in the active voice,
and the word "years" in the third sentence is changed to "year."
To clarify §333.5(a), the words "themes approved by the" are inserted
before "State Employee Charitable Campaign" and the last two words of subsection
(a), "approved themes" are deleted.
In §333.5(b), for grammatical correctness and for clarification, the
word "its" is changed to "their," the words "based on" are replaced with "incorporating,"
and in the last phrase, the word "others" is changed to "other themes."
Throughout §333.7, all references to "brochure" or "mini-brochure"
are changed to "directory" or "mini-directory" to clarify that only those
materials that contain the official list of the approved organizations and
that the LCMs and SCM print and distribute for the SECC are subject to this
rule. The terms "brochure" and "mini-brochure" have been used interchangeably
in the past with "directory" and "mini-directory," respectively. However,
that approach has caused confusion in certain aspects of the campaign, including
the administration of the SECC at the office of the Comptroller of Public
Accounts and at the level of the charitable organization, where it sometimes
has been unclear that it was the printed and official list of approved organizations
that was being referenced when the term "brochure" was used. Federations and
affiliates and local charitable organizations distribute informational or
marketing materials, commonly referred to in layman's terms as brochures,
that may be specific to particular approved organizations and that do not
contain the listing of approved organizations that this rule addresses and
that are not necessarily intended for use only in the SECC. This rule does
not apply to those materials that are commonly referred to in layman's terms
as "brochures."
In §333.7(b)(3), the phrase "materials will be ordered" is clarified
and rephrased in the active voice to read, "the SCM will order materials."
In §333.7(b)(4), the structure of the sentence is changed to clarify
what "if submitted, recommended by the SAC and approved by the SPC" means.
The rule now reads, "Local areas may use centrally purchased materials or
local areas may order their own materials incorporating any of the approved
themes, if the local area submits samples, pictures, or adequate descriptions
of those materials to the SAC, and if the materials are approved by the SPC."
In §333.7(c), for ease of reading, the words "directories for the"
are inserted after "production of", and the last word in the proposed rule,
"brochure" is deleted.
In §333.7(c)(6), a second sentence is added to clarify which name
of a charity the rule requires. The added sentence reads, "The name of the
charity that shall appear on the directory is the legal name of the charity
as it is filed with the Secretary of State. However, the d/b/a name may appear
in the directory instead, if the charity has a d/b/a name and if that d/b/a
name appears in the appropriate place on the application that was approved
by the SPC or the LEC." The following clause is added after the words "name
of the charity" in the first sentence to clarify that the rule applies to
all charities, federations, and affiliates (federation and affiliates must
be included).
In §333.7(c)(10), language is added to the rule to clarify its requirements.
The rule is changed to read as follows: "The list of statewide organizations
will alternate with the list of local organizations in appearing first on
the directory. If in one year the list of statewide organizations appears
on the directory before the list of local organizations, the following year
the list of local organizations will appear before the statewide organizations.
Similarly, the list of local federations will alternate with the list of unaffiliated
local organizations each year. Federations will be listed in alphabetical
order within their respective sections in the directory."
In §333.7(d)(6), language is added to clarify which name of a charity
the rule requires. The added sentence reads, "The name of the charity that
shall appear on the directory is the legal name of the charity as it is filed
with the Secretary of State. However, the d/b/a name may appear on the directory
instead, if the charity has a d/b/a name and if that d/b/a name appears in
the appropriate place on the application that was approved by the SPC or the
LEC."
In §333.7(d)(10), language is added to the rule to clarify its requirements.
The rule is changed to read as follows: "The list of statewide organizations
will alternate with the list of local organizations in appearing first on
the directory. If in one year the list of statewide organizations appears
on the directory before the list of local organizations, the following year
the list of local organizations will appear before the statewide organizations.
Similarly, the list of local federations will alternate with the list of unaffiliated
local organizations each year. Federations will be listed in alphabetical
order within their respective sections in the directory."
Section 333.7 is also changed, by adding references to the comptroller
and to the SPC, to clarify that the use of the term "state" in §333.7(e)(1)
refers to the comptroller and to the SPC. A new sentence is added at the end
of §333.7(e)(2) to clarify that the SPC will not approve the forms under
subsection (e)(2) that are not in compliance with the forms approved by the
comptroller and the SPC, instead of merely using the words "state approved."
The word "forms" after "on-line" is changed to "form." The words, "prior to
its use" are added at the end of what becomes the penultimate sentence.
In §333.7(f)(3), for clarification, the words "if applicable" are
changed to read "if such process is provided."
The changes to the proposed rules as published are grammatical changes,
punctuation changes, and clarification changes. The changes affect no new
persons, entities, or subjects other than those given notice, and compliance
with the adopted sections will not be affected.
These new sections are adopted under Government Code, §659.139,
which provides that the SECC must be managed fairly and equitably in accordance
with the SECC law and the policies and procedures established by the SPC.
The SPC interprets this statute to authorize the adoption of rules to the
extent that the policies and procedures adopted are of general applicability
and affect the rights of third parties, namely charitable organizations, local
campaign managers, local employee committees, the state advisory committee,
the state campaign manager, and state employees.
The other statute, article, or section affected by the adopted rules is
Government Code, §659.140, which requires the SPC to approve the generic
materials to be used by campaign managers, and Government Code, §659.143,
which requires that the local employee committees (LECs) approve the recommended
generic materials to be used by campaign managers. Comptroller rule 34 TAC §5.48
also requires the LECs to approve the local campaign materials to be used
in their respective local campaign areas.
§333.3.Campaign Theme Submission.
(a)
Campaign managers may submit theme nominations every even
numbered year on or before 10 business days prior to the annual State Employee
Charitable Campaign (SECC) Conference.
(b)
SECC Conference attendees, by vote, may choose no more
than three themes to be forwarded to the State Advisory Committee (SAC) and
State Employee Charitable Campaign Policy Committee (SPC) for consideration
and approval. The SPC, after considering any SAC recommendation, may approve
or reject some or all of the themes submitted. The SPC may approve up to three
themes for use in the same campaign year. After considering any SAC recommendation,
the SPC shall vote and choose one theme to be used for a central purchasing
process, if such a process is provided by the state campaign manager (SCM).
§333.5.Use of Campaign Materials.
(a)
If a central purchasing process is used, the state campaign
manager (SCM) will order materials depicting only one of the themes approved
by the State Employee Charitable Campaign Policy Committee (SPC).
(b)
Local campaign areas will have the option of using the
campaign materials ordered through the central purchasing process or ordering
their own campaign materials incorporating any one of the other approved themes,
if any other themes are approved by the SPC.
(c)
Neither the State Advisory Committee (SAC) nor the SPC
shall consider themes that are submitted after the annual State Employee Charitable
Campaign Conference attendees have voted on the themes to be considered by
the SAC and SPC.
§333.7.Campaign Materials Guidelines.
(a)
Local materials not ordered through the state campaign
manager must be submitted each year to the state advisory committee for recommendation
to the state policy committee for approval.
(b)
The following are guidelines for the creation and production
of any materials used for the State Employee Charitable Campaign (SECC).
(1)
Campaign managers will submit possible themes every second
year in January at the annual SECC Workshop/Conference.
(2)
Attendees will chose up to three themes, which will be
submitted to the State Advisory Committee (SAC) and State Employee Charitable
Campaign Policy Committee (SPC) for approval.
(3)
Based upon SAC recommendation and SPC approval, if central
purchasing is available, the SCM will order materials depicting one of the
approved themes, as decided upon by the SPC.
(4)
Local areas may use centrally purchased materials, or local
areas may order their own materials incorporating any of the approved themes,
if the local area submits samples, pictures, or adequate descriptions of those
materials to the SAC, and if those materials are approved by the SPC.
(5)
All materials must include the SECC flag logo, as well
as the approved theme.
(c)
The following are guidelines to be used for the creation
and production of directories for the State Employee Charitable Campaign.
(1)
The cover of the directory must include one of the SPC
approved themes.
(2)
The cover or back cover of the directory must include the
SECC flag logo.
(3)
There are no restrictions on paper quality.
(4)
The directory may be printed in color or in black and white.
(5)
The general directory information and statewide federation
listings that are available on-line must be used in the original format.
(6)
The directory listings must include a six-digit code, the
name of charity (federations and affiliates must be included), a phone number,
a 25-word description, and administrative costs; a web address is optional.
The name of the charity that shall appear on the directory is the legal name
of the charity as it is filed with the Secretary of State. However, the d/b/a/
name may appear on the directory instead, if the charity has a d/b/a/ name
and if that d/b/a/ name appears in the appropriate place on the application
that was approved by the SPC or the LEC.
(7)
The font size and type must be consistent throughout the
directory with no differentiation made between statewide and local charities.
(8)
The directory may be printed on paper that is 8-1/2 inches
by 11 inches or 11 inches by 17 inches.
(9)
A suggested ratio is one directory for each five state
employees.
(10)
The list of statewide organizations will alternate with
the list of local organizations in appearing first on the directory. If in
one year the list of statewide organizations appears before the list of local
organizations, the following year the list of local organizations will appear
before the statewide organizations. Similarly, the list of local federations
will alternate with the list of unaffiliated local organizations each year.
Federations will be listed in alphabetical order within their respective sections
in the directory.
(d)
If a mini-directory is used, the following guidelines will
apply.
(1)
The cover of the directory must include one of the SPC
approved themes.
(2)
The cover or back cover of the directory must include the
SECC flag logo.
(3)
There are no restrictions on paper quality.
(4)
The directory may be printed in color or in black and white.
(5)
General directory information is not required.
(6)
Listings must include a six-digit code and the name of
the charity (federation and affiliates must be included). The name of the
charity that shall appear on the directory is the legal name of the charity
as it is filed with the Secretary of State. However, the d/b/a/ name may appear
on the directory instead, if the charity has a d/b/a/ name and if that d/b/a/
name appears in the appropriate place on the application that was approved
by the SPC or the LEC.
(7)
Font size and type must be consistent throughout directory
with no differentiation made between statewide and local charities.
(8)
There are no size restrictions.
(9)
A suggested ratio is one mini-directory for each state
employee.
(10)
The list of statewide organizations will alternate with
the list of local organizations in appearing first on the directory. If in
one year the list of statewide organizations appears before the list of local
organizations, the following year the list of local organizations will appear
before the statewide organizations. Similarly, the list of local federations
will alternate with the list of unaffiliated local organizations each year.
Federations will be listed in alphabetical order within their respective sections
in the directory.
(e)
The following are guidelines to be used for the creation
and production of authorization forms (pledge form).
(1)
Only forms approved by the SPC and the comptroller may
be used.
(2)
Any locally printed form, including higher education, scannable,
and on-line form, must be submitted annually for recommendation by the SAC
and approval by the SPC prior to its use. The SPC will not approve any forms
that are not in compliance with the forms approved by the comptroller and
the SPC.
(f)
The following are guidelines to be used for the creation
of other campaign materials.
(1)
All items must include one of the SPC approved themes.
(2)
All items must include the SECC flag logo.
(3)
Any campaign materials not ordered through the state campaign
manager central purchasing process, if such process is provided, must be submitted
to the SAC for recommendation and to the SPC for approval.
(4)
any campaign materials not approved by the SPC are not
eligible for campaign reimbursement.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on June 3, 2002.
TRD-200203430
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: June 23, 2002
Proposal publication date: February 8, 2002
For further information, please call: (512) 463-3699
Part 12.
STATE EMPLOYEE CHARITABLE CAMPAIGN
Chapter 326.
STATE CAMPAIGN MANAGEMENT
Chapter 327.
LOCAL CAMPAIGN MANAGEMENT
Chapter 329.
ELIGIBILITY CRITERIA FOR STATEWIDE FEDERATIONS/FUNDS AND AFFILIATED ORGANIZATIONS
Chapter 330.
ELIGIBILITY CRITERIA FOR LOCAL FEDERATIONS/FUNDS, AFFILIATED ORGANIZATIONS, AND LOCAL CHARITABLE ORGANIZATIONS
Chapter 331.
REVIEW AND APPEAL PROCEDURES FOR STATEWIDE FEDERATIONS/FUNDS AND AFFILIATED ORGANIZATIONS
Chapter 332.
REVIEW AND APPEAL PROCEDURES FOR LOCAL FEDERATIONS/FUNDS, AFFILIATED ORGANIZATIONS, AND LOCAL CHARITABLE ORGANIZATIONS
Chapter 333.
CAMPAIGN MATERIALS
Chapter 334.
GRIEVANCE PROCEDURES