Part 12.
STATE EMPLOYEE CHARITABLE CAMPAIGN
Chapter 329.
ELIGIBILITY CRITERIA FOR STATEWIDE FEDERATIONS/FUNDS AND AFFILIATED ORGANIZATIONS
34 TAC §329.3
The State Employee Charitable Campaign adopts amendments
to rule §329.3, concerning 25% administrative cost cap, without changes
to the rule amendments as proposed in the December 24, 2004, issue of the
The amendments clarify and specify the type of information that must be
included in an application by a charitable organization whose administrative
expenses exceed 25% of the organization's annual revenue. This rule provides
for consistent and concise reports that address the issues that the SPC will
consider when deciding whether to allow an organization a temporary exemption
from the 25% cap on administrative expenses.
No public comments were received regarding this rule as proposed.
The 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. In addition, the SPC is directed by Government
Code §659.140(e)(3) to determine the eligibility of organizations to
participate in the statewide campaign. The SPC also adopts this rule under
Government Code §659.146(b) which authorizes the SPC to grant temporary
exemptions from the caps the statute places on administrative expenses. The
SPC is required to adopt rules to inform organizations about what information
they must provide to meet the requirements of the statute.
The other statute, article, or section affected by the proposed rules is
Government Code, §659.146, regarding eligibility criteria for charitable
organizations to participate in the state employee 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 February 18, 2005.
TRD-200500783
Jock Davis
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: March 10, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 475-0387
34 TAC §330.3
The State Employee Charitable Campaign adopts amendments
to §330.3, concerning 25% administrative cost cap, without changes to
the proposed text as published in the December 24, 2004, issue of the
The section is amended to clarify and specify the type of information that
must be included in an application by a charitable organization whose administrative
expenses exceed 25% of the organization's annual revenue. A new subsection
(g) was added.
No public comments were received in response to the proposed rule.
These amendments 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. In addition, the SPC is authorized under Government
Code §659.146 (b) to grant temporary exemptions from the caps the statute
places on administrative expenses. The SPC is required to adopt rules to inform
organizations about what information they must provide to meet the requirements
of the statute.
The other statute, article, or section affected by the adopted rules is
Government Code, §659.146, regarding eligibility criteria for charitable
organizations to participate in the state employee 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 February 18, 2005.
TRD-200500784
Jock Davis
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: March 10, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 475-0387
34 TAC §331.1, §331.3
The State Employee Charitable Campaign adopts amendments
to §331.1, concerning administrative review and a new §331.3, concerning
eligibility review by the State Policy Committee, without changes to the proposed
text as published in the December 24, 2004, issue of the
Texas Register
(29 TexReg 11939).
The amendment and new rule are adopted to notify applicant charitable organizations
of the process by which applications will be reviewed to determine whether
the applications contain the required documentation, the consequences of incomplete
documentation, and to describe part of the process that the SPC will use to
determine an organization's eligibility to participate in the SECC.
In previous years certain charitable organizations have submitted incomplete
applications and have failed to correct those problems even after having been
notified of the problem by the entity conducting the administrative review.
The same organizations have then sought SPC approval of the application, sometimes
without the missing documentation having been provided to the administrative
reviewers by the necessary deadline and sometimes without the necessary documentation
having been provided to the SPC by the date of the meeting at which the application
is to be considered for approval. These same organizations then have also
filed appeals from SPC denials in an attempt to receive another chance to
submit the missing documentation. This process has resulted in delays in the
processing of applications and in a potential appearance of unfair treatment
to those organizations that have submitted timely applications and have complied
timely with requests for documentation. The amendment to §331.1 would
make the deadlines more meaningful, would avoid the necessity for the SPC
to review incomplete applications, resulting in less time wasted in handling
incomplete applications. The rules would subject all organizations to the
same application deadline, would give all organizations the same amount of
time within which to submit missing documentation, and would equally affect
all organizations that fail to meet those requirements.
The new section §331.3 notifies applicants of the method that SPC
will use in reviewing the 25-word description required in all applications
and the consequence of an applicant failing to comply. The SPC has determined
that denial of applications that contain descriptions of more than 25 words
in length is appropriate because of space limitations in the materials; fairness
to compliant organizations; efficient use of the time of the SPC and the SCM;
and avoidance of inaccurately describing the work of an organization or describing
the work differently than the organization intended. This rule will help ensure
that the time and expense spent by state employees serving on the SPC in reviewing
applications, conducting meetings and hearing appeals from decisions will
be limited to legitimate applications and appeals. United Ways of Texas, 3724
Executive Center Drive, Suite 210, Austin, Texas 78731.
No public comments were received in response to the proposed rule.
These amendments 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, §659.146, regarding eligibility criteria for charitable
organizations to participate in the state employee 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 February 18, 2005.
TRD-200500785
Jock Davis
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: March 10, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 475-0387
34 TAC §332.1, §332.3
The State Employee Charitable Campaign adopts amendments
to §332.1, concerning administrative review and a new rule §332.3,
concerning eligibility review by the Local Employee Committee (LEC), without
changes to the proposed text as published in the December 24, 2004, issue
of the
Texas Register
(29 TexReg 11940).
These amendments and new rule are adopted to delete unnecessary language
regarding the enforcement of rule §332.1 and to describe part of the
process that the LEC will use to determine an organization's eligibility to
participate in the SECC.
The amendment to §332.1 deletes the word "rigidly" as unnecessary.
The deletion of the word is not intended to imply and should not be interpreted
to imply that the level with which the LEC reviews application will be lessened
from the current practice. Instead, the word "rigidly" is being deleted because
it may imply a level of enforcement that is difficult to quantify; the use
of that word, therefore, may be too vague in its current usage and is unnecessary.
The new rule §332.3 notifies applicants of the method that LEC will
use in reviewing the 25-word description required in all applications and
the consequence of an applicant failing to comply. The SPC has determined
that denial of applications that contain descriptions of more than 25 words
in length is appropriate because of space limitations in the materials; fairness
to compliant organizations; efficient use of the time of the LEC and the LCM;
and avoidance of inaccurately describing the work of an organization or describing
the work differently than the organization intended.
No public comments were received in response to the proposed rule.
These amendments 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, §659.146, regarding eligibility criteria for charitable
organizations to participate in the state employee 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 February 18, 2005.
TRD-200500786
Jock Davis
Chair, Policy Committee
State Employee Charitable Campaign
Effective date: March 10, 2005
Proposal publication date: December 24, 2004
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 332.
REVIEW AND APPEAL PROCEDURES FOR LOCAL FEDERATIONS/FUNDS, AFFILIATED ORGANIZATIONS, AND LOCAL CHARITABLE ORGANIZATIONS
Chapter 333.
CAMPAIGN MATERIALS