Part 6.
TEXAS MUNICIPAL RETIREMENT SYSTEM
Chapter 127.
MISCELLANEOUS RULES
34 TAC §127.6
The Texas Municipal Retirement System proposes new §127.6
regarding acceptance of eligible rollover distributions or trustee-to-trustee
transfers from other retirement plans as payment for system service credit.
The new section specifies the types of plans from which the Texas Municipal
Retirement System may accept funds as payment when a member is otherwise eligible
to establish service credit in the Texas Municipal Retirement System. The
purpose of the new section is to enable the Texas Municipal Retirement System
to accept a rollover or transfer of funds from any type of plan permitted
under the federal tax law as payment for system service credit a member is
otherwise eligible to establish. The Economic Growth and Tax Relief Reconciliation
Act of 2001 ("EGTRRA"), Public Law 107-16 (June 7, 2001), expanded the ability
to rollover or transfer funds from one type of retirement plan to another,
effective January 1, 2002.
Gary W. Anderson, Executive Director, has determined that for each year
of the first five-year period the rule is in effect there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the rule.
Mr. Anderson has also determined that for each year of the first five years
the rule is in effect the public benefit anticipated will be that members
will have more avenues available for the payment of system service credit
they are eligible to establish. There will be no effect on small businesses.
There are no anticipated economic costs to the persons who are required to
comply with the rule as proposed.
Comments on the proposal may be submitted to Gary W. Anderson, Executive
Director, Texas Municipal Retirement System, P.O. Box 149153, Austin, Texas
78714-9153.
The new section is proposed under Government Code, Chapter 855, §855.102,
which provides the Board of Trustees of the Texas Municipal Retirement System
with the authority to adopt rules necessary or desirable for the efficient
administration of the system. The new section is also adopted pursuant to
Government Code, Chapter 855, §855.607 which authorizes the Board of
Trustees of the Texas Municipal Retirement System to adopt rules necessary
for the plan to be a qualified plan.
No other statute or article is affected by the proposal.
§127.6. Acceptance of Rollovers and Transfers.
(a)
The system may accept the funds described in subsections
(b) and (c) of this section, subject to the restrictions of this section.
(b)
If permitted under and subject to the provisions of federal
law, the system may accept an eligible rollover distribution from another
eligible retirement plan in payment of all or a portion of any deposit a member
is permitted under applicable law to make with the system for service credit.
(1)
An "eligible rollover distribution" is any distribution
of all or any portion of the balance to the credit of the member from an eligible
retirement plan. An eligible rollover distribution does not include the following:
(A)
any distribution that is one of a series of substantially
equal periodic payments (not less frequently than annually) made for the life
(or life expectancy) of the member or the joint lives (or joint life expectancies)
of the member and the member's designated beneficiary, or for a specified
period of ten years or more;
(B)
any distribution to the extent such distribution is required
under Internal Revenue Code §401(a)(9);
(C)
any distribution which is made upon hardship of the member;
or
(D)
the portion of any distribution that is not includible
in gross income.
(2)
An "eligible retirement plan" is any program defined in
Internal Revenue Code §401(a)(31) and §402(c)(8)(B), from which
the member has a right to an eligible rollover distribution, as follows:
(A)
an individual retirement account under Internal Revenue
Code §408(a);
(B)
an individual retirement annuity under Internal Revenue
Code §408(b) (other than an endowment contract);
(C)
a qualified trust;
(D)
an annuity plan under Internal Revenue Code §403(a);
(E)
an eligible deferred compensation plan under Internal Revenue
Code §457(b) which is maintained by an eligible employer under Internal
Revenue Code §457(e)(1)(A); and
(F)
an annuity contract under Internal Revenue Code §403(b).
(c)
If permitted under and subject to the provisions of federal
law, the system may accept a direct trustee-to-trustee transfer of funds from
a plan described under §403(b) or §457(b) of the Internal Revenue
Code in payment of all or a portion of any deposit a member is permitted to
make with the system for service credit.
(d)
In order to authorize the rollover or transfer of funds
described in this section, a member shall provide or cause to be provided
to the system information sufficient for the system to reasonably conclude
that the contribution is a valid rollover or direct trustee-to-trustee transfer
as permitted under federal tax law. If the system later determines that a
contribution was an invalid rollover or direct trustee-to-trustee transfer
or otherwise not permitted under federal tax law, the system may take any
action appropriate or required by the Internal Revenue Code or regulations
issued thereunder, including return of the invalid contribution and, if applicable,
any earnings attributed thereto to the member within a reasonable time after
the determination and cancellation of any credit purchased with the returned
amounts.
(e)
The system shall construe and administer this section in
a manner such that the plan will be considered a qualified plan under §401(a)
of the Internal Revenue Code of 1986, (United States Code, Title 26, §401).
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 25, 2002.
TRD-200200487
Gary W. Anderson
Executive Director
Texas Municipal Retirement System
Earliest possible date of adoption: March 10, 2002
For further information, please call: (512) 225-3714
Chapter 325.
GENERAL COMMITTEE PROVISIONS
34 TAC §§325.3, 325.5, 325.7
The State Employee Charitable Campaign Policy Committee (SPC),
proposes new §§325.3, 325.5, and 325.7, concerning general committee
provisions. These new sections are proposed to 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 SECC statute.
Steve Robinson, Chair of the State Employee Charitable Campaign Policy
Committee, has determined that for the first five-year period the rules will
be in effect, there will be no significant fiscal impact on the state or units
of local government.
Mr. Robinson also has determined that for each year of the first five years
these rules are in effect, the public benefit anticipated as a result of enforcing
the rules will be clarification and formalization of existing SPC policy.
There will be no effect on small or micro businesses. There are no significant
anticipated economic costs to persons who are required to comply with the
proposed rules.
Comments on the proposal may be submitted to Steve Robinson, Executive
Director, Texas Youth Commission, Attn: Chair, State Policy Committee, P.O.
Box 4260, Austin, Texas 78765.
These new sections are proposed 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 proposed rules is
Government Code, §659.145, regarding terms and compensation of committee
members.
§325.3.Officers.
(a)
The chair of the State Employee Charitable Campaign Policy
Committee (SPC) will be elected by vote of SPC members.
(b)
Other officers will be elected at the discretion of the
chair.
§325.5.Meetings.
Meetings will be scheduled at the discretion of the chair of the State
Employee Charitable Campaign Policy Committee.
§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) 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 manager's office by 30 days following the SPC or SAC meeting to which
the expenses pertain.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 18, 2002.
TRD-200200287
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Earliest possible date of adoption: March 10, 2002
For further information, please call: (512) 463-3699
34 TAC §326.1
The State Employee Charitable Campaign Policy Committee (SPC),
proposes new §326.1, concerning state campaign management. The new section
is proposed to codify existing SPC policy regarding campaign expenses that
may be charged by a state campaign manager. Section 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.
Steve Robinson, Chair of the State Employee Charitable Campaign Policy
Committee, has determined that for the first five-year period the rule will
be in effect, there will be no significant fiscal impact on the state or units
of local government.
Mr. Robinson also has determined that for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of enforcing
the rule will be clarification and formalization of existing SPC policy. There
will be no effect on small or micro businesses. There are no significant anticipated
economic costs to persons who are required to comply with the proposed rule.
Comments on the proposal may be submitted to Steve Robinson, Executive
Director, Texas Youth Commission, Attn: Chair, State Policy Committee, P.O.
Box 4260, Austin, Texas 78765.
The new rule is proposed 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 proposed 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 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 proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 18, 2002.
TRD-200200288
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Earliest possible date of adoption: March 10, 2002
For further information, please call: (512) 463-3699
34 TAC §327.1
The State Employee Charitable Campaign Policy Committee (SPC),
proposes new §327.1, concerning local campaign management. The new section
is proposed to codify existing SPC policy regarding campaign expenses that
may be charged by local campaign managers. Section 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.
Steve Robinson, Chair of the SPC, has determined that for the first five-year
period the section is in effect there are no foreseeable fiscal implications
for state or local governments as a result of enforcing or administering the
section.
Mr. Robinson also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be clarification and formalization of existing SPC policy.
There will be no effect on small or micro businesses. There are no anticipated
economic costs to persons who are required to comply with the section as proposed.
Interested persons may submit comments on the proposal to Steve Robinson,
Executive Director, Texas Youth Commission, P.O. Box 4260, Austin, Texas 78765,
ATTN: Chair, State Policy Committee.
The new rule is proposed 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 proposed 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 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 proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 18, 2002.
TRD-200200291
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Earliest possible date of adoption: March 10, 2002
For further information, please call: (512) 463-3699
34 TAC §329.1, §329.3
The State Employee Charitable Campaign Policy Committee (SPC),
proposes new §329.1 and §329.3, concerning audit and review requirements
and the 25% administrative cost cap. These new rules 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. Section
329.1 sets out the audit and other financial information that must be submitted
to the SPC to determine eligibility. Section 329.3 restates the statutory
maximum cap on the portion of an organization's revenue that may be spent
on administrative expenses, provides a method for calculating administrative
expenses and rounding off expenses to arrive at a percentage figure. Section
329.3 also provides factors the SPC may use to decide whether to issue an
exemption from the administrative cap to an organization.
Steve Robinson, Chair of the State Employee Charitable Campaign Policy
Committee, has determined that for the first five-year period the rules will
be in effect, there will be no significant fiscal impact on the state or units
of local government.
Mr. Robinson also has determined that for each year of the first five years
these rules are in effect, the public benefit anticipated as a result of enforcing
the rules will be clarification and formalization of existing SPC policy.
There will be no effect on small or micro businesses. There are no significant
anticipated economic costs to persons who are required to comply with the
proposed rules.
Comments on the proposal may be submitted to Steve Robinson, Executive
Director, Texas Youth Commission, Attn: Chair, State Policy Committee, P.O.
Box 4260, Austin, Texas 78765.
These new sections are proposed 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 proposed rules is
Government Code, §659.146, regarding general eligibility requirements
and eligibility requirements for statewide participation.
§329.1.Audit and Review Requirements.
(a)
To be eligible to participate in the state employee charitable
campaign, if the charitable organization's budget:
(1)
is not more than $100,000, the organization shall provide
a completed Internal Revenue Service (IRS) Form 990 and an accountant's review
that offers full and open disclosure of the organization's internal operations;
or
(2)
is greater than $100,000, shall be audited annually in
accordance with generally accepted auditing standards of the American Institute
of Certified Public Accountants.
(b)
When a charitable organization submits an audit or accountant's
review, a copy of the organization's most recent annual audit or accountant's
review must be included with the application. The audit or accountant's review
must cover the fiscal year ending not more than 18 months prior to the January
of the campaign year in which the organization is applying for participation.
The IRS Form 990 and audit or accountant's review must cover the same fiscal
period. If the revenue and expenses on these two documents differ, the reconciliation
must be included in the IRS Form 990 itself or include a letter of reconciliation
submitted by the certified public accountant who completed the audit or accountant's
review.
§329.3.25% Administrative Cost Cap.
(a)
To be eligible to participate in a state employee charitable
campaign (SECC), a charitable organization must not spend more than 25% of
its annual revenue for administrative and fund raising expenses.
(b)
The calculation method used to determine administrative
costs will be as follows: Administrative expenses + fund raising costs divided
by total revenue = percentage of revenue for administrative costs. For purposes
of listing administrative costs in the state employee charitable campaign
brochure, calculation of administrative costs will be carried out two places,
rounded down if under 0.50, rounded up if 0.50 or over; however, if the costs
are any amount over 25%, a temporary exemption by the State Employee Charitable
Campaign Policy Committee (SPC) will be required for an organization to participate
in a state employee charitable campaign.
(c)
The SPC may grant a charitable organization a temporary
exemption from the requirement of subsection (a) of this section if the committee
finds that:
(1)
the organization's administrative and fund raising expenses
are reasonable under the circumstances; and
(2)
the organization has a practical plan to reduce its administrative
and fund raising expenses to no more than 25% of its annual revenue within
the next three years.
(d)
The SPC may grant a temporary exemption to an organization
for up to three consecutive years.
(e)
The SPC may consider factors to determine whether administrative
and fund raising expenses incurred by a charitable organization are reasonable.
The factors may include, but are not limited to:
(1)
whether there has been a one-time, extraordinary expense
and the reasons for that expense;
(2)
whether there has been an unanticipated financial crisis
or miscalculation and the reasons for that situation;
(3)
the number of years the organization has been operating;
(4)
whether the organization has recently changed the time
periods that comprise its fiscal year; and
(5)
whether the organization has changed management and the
reasons for that change.
(f)
Factors the SPC may consider to determine whether a plan
to reduce expenses is practical may include, but are not limited to:
(1)
whether the plan explains which expenses are expected to
be lower in the future and explains why this is expected;
(2)
whether corrective measures have already been instituted;
and
(3)
whether progress under a previously submitted plan has
been made, if organization has been previously granted a temporary exemption.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on January 18, 2002.
TRD-200200293
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Earliest possible date of adoption: March 10, 2002
For further information, please call: (512) 463-3699
34 TAC §§330.1, 330.3, 330.5
The State Employee Charitable Campaign Policy Committee (SPC),
proposes new §§330.1, 330.3, and §330.5, concerning eligibility
criteria for local federations/funds, affiliated organizations, and local
charitable organizations. These new rules 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
330.1 sets out the audit and other financial information that must be submitted
to the LEC to determine eligibility; §330.3 restates the statutory maximum
cap on the portion of an organization's revenue that may be spent on administrative
expenses, provides a method for calculating administrative expenses and rounding
off expenses to arrive at a percentage figure. The section also provides factors
the SPC may use to decide whether to issue an exemption from the administrative
cap to an organization; §330.5 clarifies the statutory definition of
"local charitable organization" by interpreting when an organization's office
is deemed to be open, and providing a requirements to ensure state employees
have access to the organization, and providing the LEC has discretion to verify
an organization meets the definition of a local charitable organization.
Steve Robinson, Chair of the State Employee Charitable Campaign Policy
Committee, has determined that for the first five-year period the rules will
be in effect, there will be no significant fiscal impact on the state or units
of local government.
Mr. Robinson also has determined that for each year of the first five years
these rules are in effect, the public benefit anticipated as a result of enforcing
the rules will be clarification and formalization of existing SPC policy.
There will be no effect on small or micro businesses. There are no significant
anticipated economic costs to persons who are required to comply with the
proposed rules.
Comments on the proposal may be submitted to Steve Robinson, Executive
Director, Texas Youth Commission, Attn: Chair, State Policy Committee, P.O.
Box 4260, Austin, Texas 78765.
These new sections are proposed 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 proposed 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.
§330.1.Audit and Review Requirements.
(a)
To be eligible to participate in the state employee charitable
campaign, if the charitable organization's budget:
(1)
is not more than $100,000, the organization shall provide
a completed Internal Revenue Service (IRS) Form 990 and an accountant's review
that offers full and open disclosure of the organization's internal operations;
or
(2)
is greater than $100,000, shall be audited annually in
accordance with generally accepted auditing standards of the American Institute
of Certified Public Accountants.
(b)
When a charitable organization submits an audit or accountant's
review, a copy of the organization's most recent annual audit or accountant's
review must be included with the application. The audit or accountant's review
must cover the fiscal year ending not more than 18 months prior to the January
of the campaign year in which the organization is applying for participation.
The IRS Form 990 and audit or accountant's review must cover the same fiscal
period. If the revenue and expenses on these two documents differ, the reconciliation
must be included in the IRS Form 990 itself or include a letter of reconciliation
submitted by the certified public accountant who completed the audit or accountant's
review.
§330.3.25% Administrative Cost Cap.
(a)
To be eligible to participate in a state employee charitable
campaign (SECC), a charitable organization must not spend more than 25% of
its annual revenue for administrative and fund raising expenses.
(b)
The calculation method used to determine administrative
costs will be as follows: Administrative expenses + fund raising costs divided
by total revenue = percentage of revenue for administrative costs. For purposes
of listing administrative costs in the state employee charitable campaign
brochure, calculation of administrative costs will be carried out two places,
rounded down if under 0.50, rounded up if 0.50 or over; however, if the costs
are any amount over 25%, a temporary exemption by the State Employee Charitable
Campaign Policy Committee (SPC) will be required for an organization to participate
in a state employee charitable campaign.
(c)
The SPC may grant a charitable organization a temporary
exemption from the requirement of subsection (a) of this section if the committee
finds that:
(1)
the organization's administrative and fund raising expenses
are reasonable under the circumstances; and
(2)
the organization has a practical plan to reduce its administrative
and fund raising expenses to no more than 25% of its annual revenue within
the next three years.
(d)
The SPC may grant a temporary exemption to an organization
for up to three consecutive years.
(e)
The SPC may consider factors to determine whether administrative
and fund raising expenses incurred by a charitable organization are reasonable.
The factors may include, but are not limited to:
(1)
whether there has been a one-time, extraordinary expense
and the reasons for that expense;
(2)
whether there has been an unanticipated financial crisis
or miscalculation and the reasons for that situation;
(3)
the number of years the organization has been operating;
(4)
whether the organization has recently changed the time
periods that comprise its fiscal year; and
(5)
whether the organization has changed management and the
reasons for that change.
(f)
Factors the SPC may consider to determine whether a plan
to reduce expenses is practical may include, but are not limited to:
(1)
whether the plan explains which expenses are expected to
be lower in the future and explains why this is expected;
(2)
whether corrective measures have already been instituted;
and
(3)
whether progress under a previously submitted plan has
been made, if organization has been previously granted a temporary exemption.
§330.5.Local Presence.
(a)
A charitable organization must maintain local presence,
as described in this section, to be eligible to participate in a local campaign.
(b)
A local charitable organization maintains local presence
if it:
(1)
provides direct or indirect health and human services;
and
(2)
is accessible to state employees in the local campaign
area by maintaining:
(A)
a publicly identified office with a professional or volunteer
staff within the local campaign area that is open with staff available at
least 20 hours a week during normal working hours; and
(B)
a locally listed telephone number which is listed in the
name of the organization. If the office is closed, a message shall state local
business hours and may offer another number for callers to obtain more information.
(c)
An office is deemed to be open under subsection (b)(2)(A)
of this section if telephone callers to the office can speak to a live person
and if visitors to the office can enter the office and speak to a member of
the staff. Staff is deemed to be available under subsection (b)(2)(A) of this
section if at least one staff member is answering phones and providing information
as requested and is present in the office to assist visitors.
(d)
An office is publicly identified if there is external signage
and the local address is listed in the local phone book.
(e)
The local employee committee (LEC) shall have the discretion
to verify local presence.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 18, 2002.
TRD-200200294
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Earliest possible date of adoption: March 10, 2002
For further information, please call: (512) 463-3699
34 TAC §331.1, §331.5
The State Employee Charitable Campaign Policy Committee (SPC),
proposes new §331.1 and §331.5, concerning review and appeal procedures
for statewide federations/funds and affiliated organizations. These new sections
are proposed to codify existing SPC policy regarding the process by which
applications for State Employee Charitable Campaign (SECC) participation are
reviewed by the SPC and by which appeals from denials of those applications
are heard by the SPC. Section 331.1 provides for an administrative review
to be performed by the State Advisory Committee prior to applications being
sent to the SPC for substantive review; §331.5 provides procedures an
organization must follow to have its appeal reviewed by the SPC. This rule
also provides standards by which an appeal from denial of an application will
be reviewed by the SPC.
Steve Robinson, Chair of the State Employee Charitable Campaign Policy
Committee, has determined that for the first five-year period the rules will
be in effect, there will be no significant fiscal impact on the state or units
of local government.
Mr. Robinson also has determined that for each year of the first five years
these rules are in effect, the public benefit anticipated as a result of enforcing
the rules will be clarification and formalization of existing SPC policy.
There will be no effect on small or micro businesses. There are no significant
anticipated economic costs to persons who are required to comply with the
proposed rules.
Comments on the proposal may be submitted to Steve Robinson, Executive
Director, Texas Youth Commission, Attn: Chair, State Policy Committee, P.O.
Box 4260, Austin, Texas 78765.
These new sections are proposed 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 proposed rules is
Government Code, §659.146, which provides application requirements for
statewide organizations and which requires the SPC to provide an appeals process.
§331.1.Administrative Review.
State Advisory Committee (SAC) members will perform an administrative
review of statewide applications. Federation representatives will not be allowed
to review their own documents. This is an administrative review only to determine
the submission of all documentation. This review will make no determinations
regarding eligibility. Statewide federations with missing documentation will
be allowed time to provide needed documents. Only complete applications with
all required documentation will be submitted to the State Employee Charitable
Campaign Policy Committee (SPC) for eligibility approval. Deadlines will be
rigidly enforced.
§331.5.Appeal Process.
No statewide federation or affiliate whose application was not complete
will be considered for appeal by the State Employee Charitable Campaign Policy
Committee (SPC). All appeals must be in writing and must be received in the
state campaign manager's office at least 10 business days prior to the SPC
meeting scheduled to consider appeals. Appeals shall include the complete
application originally submitted to the SPC and the letter of denial from
the SPC. Faxed appeals will not be accepted.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 18, 2002.
TRD-200200296
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Earliest possible date of adoption: March 10, 2002
For further information, please call: (512) 463-3699
34 TAC §332.1, §332.5
The State Employee Charitable Campaign Policy Committee (SPC),
proposes new §332.1 and §332.5, concerning review and appeal procedures
for local federations/funds, affiliated organizations, and local charitable
organizations. These new sections are proposed to codify existing SPC policy
regarding the process by which applications for State Employee Charitable
Campaign (SECC) participation are reviewed by the Local Employee Committee
(LEC) and by which appeals from denials of those applications are heard by
the SPC. Section 332.1 provides for an administrative review to be performed
by the LEC prior to applications being given substantive review; §332.5
provides procedures an organization must follow to have its appeal reviewed
by the SPC. This rule also provides standards by which an appeal from an LEC
denial of an application will be reviewed by the SPC.
Steve Robinson, Chair of the State Employee Charitable Campaign Policy
Committee, has determined that for the first five-year period the rules will
be in effect, there will be no significant fiscal impact on the state or units
of local government.
Mr. Robinson also has determined that for each year of the first five years
these rules are in effect, the public benefit anticipated as a result of enforcing
the rules will be clarification and formalization of existing SPC policy.
There will be no effect on small or micro businesses. There are no significant
anticipated economic costs to persons who are required to comply with the
proposed rules.
Comments on the proposal may be submitted to Steve Robinson, Executive
Director, Texas Youth Commission, Attn: Chair, State Policy Committee, P.O.
Box 4260, Austin, Texas 78765.
These new sections are proposed 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 proposed 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.
§332.1.Administrative Review.
The Local Employee Committee shall perform an administrative review
of local applications and give local federations and organizations time to
provide missing documentation prior to the Local Employee Committee eligibility
review process. This is an administrative review only to determine the submission
of all documentation. This review will make no determinations regarding eligibility.
Local federations and organizations with missing documentation will be allowed
time to provide needed documents. Only complete applications with all required
documentation will be submitted to the Local Employee Committee for eligibility
approval. Deadlines will be rigidly enforced.
§332.5.Appeal Process.
All appeals from a Local Employee Committee regarding eligibility shall
be made to the State Employee Charitable Campaign Policy Committee (SPC).
No local federation, affiliate or local organization whose applications was
denied by the Local Employee Committee for incomplete documentation will be
considered for appeal by the SPC. All appeals must be in writing and must
be received in the state campaign manager's office at least 10 business days
prior to the SPC meeting scheduled to consider appeals. Appeals shall include
the complete application originally submitted to the Local Employee Committee
and the letter of denial from the Local Employee Committee. Faxed appeals
will not be accepted.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on January 18, 2002.
TRD-200200297
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Earliest possible date of adoption: March 10, 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),
proposes new §§333.1, 333.3, 333.5, and 333.7, concerning campaign
materials. These new sections will codify existing SPC policy and establish
new policy regarding the process and standards by which campaign logos, themes,
and materials are submitted and approved. These rules provide a standardized
and fair process by which campaign materials will be approved. Section 333.1
provides for an SPC-approved State Employee Charitable Campaign logo; §333.3
provides a procedure for submitting and approving campaign themes for use
throughout the state; §333.5 provides processes required after a theme
or themes are approved; §333.7 requires materials used by all campaigns
to meet the requirements set forth in the guidelines provided by this section
Steve Robinson, Chair of the State Employee Charitable Campaign Policy
Committee, has determined that for the first five-year period the rules will
be in effect, there will be no significant fiscal impact on the state or units
of local government.
Mr. Robinson also has determined that for each year of the first five years
these rules are in effect, the public benefit anticipated as a result of enforcing
the rules will be clarification and formalization of existing SPC policy.
There will be no effect on small or micro businesses. There are no significant
anticipated economic costs to persons who are required to comply with the
proposed rules.
Comments on the proposal may be submitted to Steve Robinson, Executive
Director, Texas Youth Commission, Attn: Chair, State Policy Committee, P.O.
Box 4260, Austin, Texas 78765.
These new sections are proposed 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 proposed 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 the local employee committees (LECs) to 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.
§333.1.Logo.
The only approved logo for the State Employee Charitable Campaign is
the small State of Texas flag along with the words "Together We Care."
§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 or the themes submitted. No more than three themes shall
be approved for use in the same campaign years. After considering any SAC
recommendation, the SPC shall vote and choose one theme to be used for a central
purchasing process, if 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 State Employee
Charitable Campaign Policy Committee (SPC) approved themes.
(b)
Local campaign areas will have the option of using the
campaign materials ordered through the central purchasing process or ordering
its own campaign materials based on any one of the other approved themes,
if any others 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, whichever is earlier.
§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, materials will be ordered depicting one of the approved
themes, as decided upon by the SPC.
(4)
Local areas may use centrally purchased materials or, if
submitted, recommended by the SAC and approved by the SPC, local areas may
order their own materials based on any of the approved themes.
(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 state employee charitable campaign brochures.
(1)
The cover of the brochure must include one of the SPC approved
themes.
(2)
The cover or back cover of the brochure must include the
SECC flag logo.
(3)
There are no restrictions on paper quality.
(4)
The brochure may be printed in color or in black and white.
(5)
The general brochure information and statewide federation
listings that are available on-line must be used in the original format.
(6)
The brochure listings must include a six-digit code, the
name of charity, a phone number, a 25-word description, and administrative
costs; a web address is optional.
(7)
The font size and type must be consistent throughout the
brochure with no differentiation made between statewide and local charities.
(8)
The brochure 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 brochure for each five state employees.
(10)
Statewide and local listing will be rotated each year;
local federations will rotate with local organizations; federations will be
listed in alphabetical order.
(d)
If a mini-brochure is used, the following guidelines will
apply.
(1)
The cover of the brochure must include one of the SPC approved
themes.
(2)
The cover or back cover of the brochure must include the
SECC flag logo.
(3)
There are no restrictions on paper quality.
(4)
The brochure may be printed in color or in black and white.
(5)
General brochure information is not required.
(6)
Listings must include a 6-digit code and the name of the
charity (federation and affiliates must be included).
(7)
Font size and type must be consistent throughout brochure
with no differentiation made between statewide and local charities.
(8)
There are no size restrictions.
(9)
A suggested ratio is one mini-brochure for each state employee.
(10)
Statewide and local listing will be rotated each year;
local federations will rotate with local organizations; federations will be
listed in alphabetical order.
(e)
The following are guidelines to be used for the creation
and production of authorization forms (pledge form).
(1)
Only state approved forms may be used.
(2)
Any locally printed form, including higher education, scannable,
and on-line forms, must be submitted annually for recommendation by the SAC
and approval by 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 applicable, 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 proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on January 18, 2002.
TRD-200200298
Steve Robinson
Chair, Policy Committee
State Employee Charitable Campaign
Earliest possible date of adoption: March 10, 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