Part 12.
STATE EMPLOYEE CHARITABLE CAMPAIGN
Chapter 329.
ELIGIBILITY CRITERIA FOR STATEWIDE FEDERATIONS/FUNDS AND AFFILIATED ORGANIZATIONS
34 TAC §329.1
The State Policy Committee (SPC) of the Texas State Employee
Charitable Campaign (SECC) adopts new rule §329.1, concerning audit and
review requirements, without changes to the proposed text as published in
the December 20, 2002, issue of the
Texas Register
(27 TexReg 11901).
This new rule is adopted to be codified at Title 34 Texas Administrative
Code, Part 12, State Employee Charitable Campaign, State Policy Committee,
Chapter 329, Eligibility Criteria For Statewide Federations/Funds And Affiliated
Organizations.
This new rule will codify existing SPC policy regarding the standards and
criteria that the SPC will 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.
§329.1 sets out the audit and other financial information that must
be submitted to the SPC to determine eligibility or organizations to participate.
The statute does not specify what year should be audited and reported in an
application to participate and does not specify whether the audit or review
and the Form 990 submitted should cover the same year. When the forms submitted
do not cover the same year, the SPC is unable to cross-check the information
being provided to ensure compliance with the statutory requirements. This
rule tells organizations what financial documentation is required at the time
of application.
When this rule first was published in February 2002, comments were received
from the Local Campaign Manager in Midland, Texas requesting that language
be included in §329.1, to require statewide organizations that have a
budget of greater than $100,000 to submit an IRS Form 990 in addition to the
audit already required. The SPC does not agree. The SECC statute expressly
requires an IRS Form 990 from organizations with a budget of $100,000 or less.
However, the same statute does not require the Form 990 from organizations
with a budget of more than $100,000. Therefore, the SPC cannot add an eligibility
requirement that the legislature intended not be required.
However, this rule does include language suggested by the same commenter
that a copy of the report of required audits be provided to the SPC. The SPC
requires a copy of the audit information that is required by statute to determine
an applicant's eligibility to participate in the SECC campaign. This rule
makes clear the intent of the statute that the audit be provided to the SPC
so that the SPC can determine the eligibility of those organizations that
are audited as well as those that merely provide an accountant's report and
a Form 990.
The new rule is adopted under the authority of Texas 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.
No comments were received regarding adoption of the new rule.
Other statutes, articles, or sections affected by the adopted
rules are: Texas 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 April 11, 2003.
TRD-200302363
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: May 1, 2003
Proposal publication date: December 20, 2002
For further information, please call: (512) 475-0387
34 TAC §330.1
The State Policy Committee (SPC) of the Texas State Employee
Charitable Campaign (SECC) adopts new §330.1, concerning audit and review
requirements, without changes to the proposed text as published in the December
20, 2002, issue of the
Texas Register
(27
TexReg 11902).
This new rule is adopted to be codified at Title 34 Texas Administrative
Code, Part 12, State Employee Charitable Campaign, State Policy Committee,
Chapter, 330, Eligibility criteria for local federations/funds, affiliated
organizations, and local charitable organizations.
This new rule will codify existing SPC policy regarding the standards and
criteria that the LEC 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.
Section 330.1 sets out the audit and other financial information that must
be submitted to the LEC to determine eligibility of organizations to participate.
The statute does not specify what year should be audited and reported in an
application to participate and does not specify whether the audit or review
and the Form 990 submitted should cover the same year. When the forms submitted
do not cover the same year, the LEC is unable to cross-check the information
being provided to ensure compliance with the statutory requirements. This
rule tells organizations what financial documentation is required at the time
of application.
When this rule first was published in the February 8, 2002, issue of the
However, this rule does include language suggested by the same commenter
that a copy of the report of required audits be provided to the LEC. The LEC
requires a copy of the audit information that is required by statute to determine
an applicant's eligibility to participate in the SECC campaign. This rule
makes clear the intent of the statute that the audit be provided to the LEC
so that the LEC can determine the eligibility of those organizations that
are audited as well as those that merely provide an accountant's report and
a Form 990.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the authority of Texas 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.
Other statutes, articles, or sections affected by the adopted rules are:
Texas 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 April 11, 2003.
TRD-200302364
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: May 1, 2003
Proposal publication date: December 20, 2002
For further information, please call: (512) 475-0387
34 TAC §331.1
The State Employee Charitable Campaign Policy Committee (SPC),
adopts new §331.1, concerning administrative review, without changes
to the proposed text as published in the December 20, 2002, issue of the
This new section is adopted to codify existing SPC policy regarding the
process by which applications for State Employee Charitable Campaign (SECC)
participation are reviewed by the SPC. Currently, SPC policy provides for
an administrative review to be performed by the State Advisory Committee (SAC)
prior to applications being sent to the SPC for substantive review. This rule
provides for the State Campaign Manager (SCM) to conduct the administrative
review, instead of the SAC.
The administrative review is not one of the SAC's statutory duties, and
the SPC has determined that the review may be completed more efficiently and
with less unnecessary burden on the SAC if it is conducted at the administrative
level. The risk of losing applications and related information is minimized
as a result of shifting this task to the SCM because the need to mail the
voluminous materials to SAC members in various locations throughout the state
is eliminated.
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, which provides application requirements for
statewide organizations 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 April 11, 2003.
TRD-200302365
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: May 1, 2003
Proposal publication date: December 20, 2002
For further information, please call: (512) 475-0387
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 333.
CAMPAIGN MATERIALS