(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
- (1) Appropriation year--The accounting period beginning on September 1st and ending the following August 31st.
- (2) Casual or task employee--An individual who is employed by an institution of higher education for a short time period or a specific task.
- (3) Document--Has the meaning assigned to "voucher."
- (4) FACTS--The financial accounting and control for the Texas system.
- (5) FACTS format--The FACTS layout that a state agency uses to submit payroll vouchers to the comptroller.
- (6) Fiscal year--Has the meaning assigned to "appropriation year."
- (7) FLSA--The Fair Labor Standards Act of 1938.
- (8) GAA--The General Appropriations Act.
- (9) HRIS--The human resource information system.
- (10) Include--A term of enlargement and not of limitation or exclusive enumeration. The use of the term does not create a presumption that components not expressed are excluded.
- (11) Institution of higher education--Has the meaning assigned by the Education Code, §61.003, except that the term does not include a public junior college.
- (12) May not--A prohibition. The term does not mean "might not" or its equivalents.
- (13) Payroll document--The type of document that a state agency submits to the comptroller in the USAS format when requesting payment of the compensation of state employees or certain other types of payments as required by the comptroller.
- (14) Payroll information--Information concerning the type and amount of compensation earned by a state employee, deductions from the compensation earned by the employee, and the source of funding for the payment of compensation to the employee. The term includes other types of information that the comptroller requires to be reported as payroll information.
- (15) Payroll voucher--The type of voucher that a state agency submits to the comptroller in the FACTS format when requesting payment of the compensation of state employees or certain other types of payments as required by the comptroller.
- (16) Personnel information--Information about a state employee's job, compensation, or personal characteristics. The term includes other types of information that the comptroller requires to be reported as personnel information.
- (17) Qualified deferred compensation plan--A deferred compensation plan that is governed by the Internal Revenue Code of 1986, §401(k).
- (18) State agency--A department, board, commission, committee, council, agency, office, or other entity in the executive, legislative, or judicial branch of Texas state government, the jurisdiction of which is not limited to a geographical portion of this state. The term includes the State Bar of Texas, the Board of Law Examiners, and an institution of higher education.
- (19) State employee--Includes a state officer, a casual or task employee, and an individual whose employment with a state agency is conditional on the individual being a student.
- (20) USAS--The uniform statewide accounting system.
- (21) USAS format--The USAS layout that a state agency uses to submit payroll documents to the comptroller.
- (22) USPS--The uniform statewide payroll/personnel system.
- (23) Voucher--The paper or electronic request that a state agency submits to the comptroller for the purpose of requesting the comptroller to make a payment on the agency's behalf.
- (24) Workday--Any day that is not Saturday, Sunday, or a state or national holiday under the GAA or the Government Code, §§662.001-662.010.
(b) Content and format requirements for payroll vouchers and documents.
(1) Required submission of payroll vouchers. A state agency must submit a payroll voucher instead of a payroll document to the comptroller if the agency:
- (A) does not use USPS; and
- (B) is not requesting reimbursement for the agency's payment of compensation to its employees.
(2) Required submission of payroll documents. A state agency must submit a payroll document instead of a payroll voucher to the comptroller if the agency:
- (A) uses USPS; or
- (B) is requesting reimbursement for the agency's payment of compensation to its employees.
(3) Content of payroll vouchers. A payroll voucher that a state agency submits to the comptroller must state, provide, or list:
- (A) the appropriate transaction codes;
- (B) the agency's correct name and number;
- (C) the appropriate voucher type;
- (D) whether the voucher is submitted on tape or paper;
- (E) the correct tape batch number, if the voucher is submitted on tape;
- (F) the correct tape volume number, if the voucher is submitted on tape;
- (G) the agency voucher number;
- (H) the correct payroll ending date;
- (I) the tax deposit date;
- (J) the total amount of the voucher;
- (K) the numbers of the funds from which the payments resulting from the voucher will be made;
- (L) the correct fiscal years that will be charged for the payments resulting from the voucher;
- (M) the appropriate cost center numbers;
- (N) the appropriate comptroller object codes;
- (O) the amount of payments for each combination of cost center number and comptroller object code;
- (P) that the payroll voucher is correct and unpaid;
- (Q) that the payments are not prohibited by the Texas Constitution and do not violate any statutory requirements or conditions;
- (R) a certification that if the GAA requires the filing of a salary supplementation report with the comptroller and the secretary of state, the report has been filed; and
- (S) an approval of the voucher according to the Government Code, §403.071 and §2103.004.
(4) Content of payroll documents. A payroll document that a state agency submits to the comptroller must state, provide, or list:
- (A) the document date, which is the payroll period ending date;
- (B) the effective date, which is the date the document processes in USAS;
(C) the due date, which is:
- (i) the date printed on the warrants resulting from the document; or
- (ii) the date that funds are posted to the payees' bank accounts if the payments are made by electronic funds transfer;
- (D) the document and suffix number;
- (E) the correct number of the agency;
- (F) the appropriate transaction code;
- (G) the correct appropriation years that will be charged for the payments resulting from the document;
- (H) a valid program cost account or index number;
- (I) the appropriate comptroller object codes;
- (J) the amount of each transaction included in the document;
- (K) the payment distribution type for each transaction included in the document;
- (L) the document amount;
- (M) the correct name of the agency;
- (N) the payee identification number and name of each individual or entity that is receiving a payment as a result of the document;
- (O) the correct number of each appropriation and fund that is being used to support payments as a result of the document.
(c) Payroll details.
- (1) Required submission of payroll details. Except as provided in paragraph (2) of this subsection, a state agency must attach one copy of the payroll detail to each payroll voucher.
- (2) Electronic submission of payroll details. A state agency may electronically submit a payroll detail to the comptroller according to the comptroller's requirements.
(3) Content of payroll details. A payroll detail for a payroll voucher must:
- (A) specify the appropriate transaction codes;
- (B) specify the payroll period ending date;
- (C) specify the numbers of the funds from which the payments resulting from the voucher will be made;
- (D) have accurate information in the detail, address, and, where applicable, the "C" lines for each payment record;
- (E) specify the line numbers;
- (F) specify the correct fiscal years that will be charged for the payments resulting from the voucher;
- (G) provide the appropriate cost center numbers;
- (H) list the appropriate comptroller object codes;
- (I) provide the payee identification number and name of each individual or entity who is receiving a payment as a result of the voucher;
- (J) provide the gross and net amount for each payment record;
(K) provide the appropriate plan identifier and deduct type for each payment record that involves:
- (i) a deduction to a qualified deferred compensation plan;
- (ii) the repayment of a loan made under a qualified deferred compensation plan; or
- (iii) both a deduction to and the repayment of a loan made under a qualified deferred compensation plan;
- (L) specify the amount and payee of each payroll deduction resulting from the voucher; and
- (M) specify for each payment record the amount deducted to or the amount of the repayment of a loan under a qualified deferred compensation plan, if any.
(d) Deadline for receipt of payroll vouchers and documents.
(1) Generally. Except as provided in paragraph (2) of this subsection, a payroll voucher or document must be received by the comptroller, according to the comptroller's requirements, not later than the seventh workday before payday. This subparagraph applies regardless of:
- (A) how often a state agency pays its employees; or
- (B) whether the agency submits a voucher or document electronically or on paper.
(2) Exceptions.
- (A) If a state agency wants to pick up its warrants before payday under a bailment contract the agency has executed with the comptroller, then the agency's payroll voucher or document must be received not later than the seventh workday before the day on which the agency wants to pick up the warrants.
- (B) A payroll voucher or document that is submitted by a state agency that uses USPS must be received by the comptroller, according to the comptroller's requirements, not later than the fourth workday before payday.
(e) Supplemental payroll vouchers and documents.
- (1) When allowed. A state agency may submit a supplemental payroll voucher or document to the comptroller if a change occurs between the agency's submission of its regular payroll voucher or document and the end of the month.
- (2) Required explanation. When a state agency submits a supplemental payroll voucher or document to the comptroller, the agency must briefly explain on the voucher or document the need for the supplemental payroll.
- (3) Adjustments in compensation. When a change results in a state agency owing money to a state employee, the agency should adjust the employee's compensation for the following month instead of submitting a supplemental payroll if the delay would not cause hardship to the employee.
- (f) Non-regular payments. A state agency may make a payment to a state employee for other than the employee's regular compensation on a regular payroll voucher or document. The agency must select the proper comptroller object code for the payment.
(g) Cancellations of payments of compensation.
- (1) Cancellations of warrants. When a state agency needs to cancel a payroll warrant, the agency must properly complete the comptroller's warrant cancellation voucher form. After completing the form, the agency must forward the form and the warrant, with "CANCELED" clearly written on the warrant, to the comptroller's claims division for processing. A state agency may not mix a payroll warrant cancellation with cancellations of non-payroll warrants on a warrant cancellation voucher form.
- (2) Cancellation of electronic funds transfers. When a state agency needs to cancel a payment of compensation via the comptroller's electronic funds transfer system, the agency must follow the procedures specified by the comptroller.
- (3) Issuance of new warrants. When a state agency needs to issue a new payroll warrant after canceling the original payroll warrant, the agency must follow the comptroller's procedures for supplemental payrolls.
- (h) Payroll conversions. In early September of each year, state agencies that are subject to the Position Classification Act must furnish payroll conversion information to the comptroller and the state auditor according to their guidelines. Although the comptroller sends the guidelines to each state agency once each year, the guidelines are always available from the comptroller upon request.
- (i) Electronic submission of payroll vouchers and documents. The comptroller prefers for each state agency to electronically submit its payroll vouchers and documents to the comptroller. The electronic submission of a payroll voucher or document must comply with the comptroller's requirements.
(j) Reporting of personnel information to HRIS.
- (1) Applicability. This subsection applies to a state agency only if it does not use USPS.
(2) Reporting requirements.
(A) A state agency shall report personnel information to HRIS if:
- (i) a state employee is added to or removed from the agency's payroll;
- (ii) the agency changes a state employee's compensation rate;
- (iii) the agency changes a state employee's classification or job title;
- (iv) the legal name of a state employee of the agency changes;
- (v) the social security number of a state employee of the agency changes;
- (vi) a state employee of the agency goes on leave without pay or faculty development leave;
- (vii) the home address of a state employee of the agency changes;
- (viii) deduction information concerning a state employee of the agency changes, if HRIS requires reporting of that information; or
- (ix) other job or descriptive information concerning a state employee of the agency changes, if HRIS requires reporting of that information.
- (B) A state agency shall ensure that HRIS receives its report not later than the seventh day of the month after the month in which the change or event occurs that triggers the requirement for the agency to file the report.
- (C) A report to HRIS under this paragraph must be made in the manner, frequency, and form required by the comptroller.
(k) Reporting of payroll information to HRIS.
(1) Applicability. This subsection applies to:
- (A) an institution of higher education that does not use USPS;
- (B) the State Bar of Texas, but only until it begins using USPS; and
- (C) the Board of Law Examiners, but only until it begins using USPS.
(2) Reporting requirements.
- (A) A state agency shall report payroll information to HRIS.
(B) A state agency's report of payroll information must be complete not later than the seventh day of the month following the month covered by the report. A report is complete only if:
- (i) it encompasses all the pay periods that end in the month covered by the report; and
- (ii) HRIS receives it by the deadline.
- (C) A report to HRIS under this paragraph must be made in the manner, frequency, and form required by the comptroller.
- (l) Reporting errors. If the comptroller detects an error in a state agency's report of personnel or payroll information, then the comptroller shall provide a description of the error to the agency. The agency shall then correct the error according to the comptroller's requirements. The agency must correct the error not later than the seventh day of the month following the month in which the agency receives a description of the error.
- (m) Additional mail codes. A state agency may establish an additional mail code for a state employee only by submitting the proper application to the comptroller's claims division.
(n) USPS.
- (1) Exemption. This subsection does not apply to an institution of higher education.
(2) Required use of USPS.
(A) Except as provided in subparagraph (B) of this paragraph, a state agency must use USPS to:
- (i) calculate and otherwise generate the agency's payments of compensation to its state employees; and
- (ii) maintain the agency's personnel and payroll information.
- (B) A state agency is not subject to subparagraph (A) of this paragraph if the comptroller has not yet allowed the agency to start using USPS.
(o) Deceased state employees.
- (1) Required payees. A state agency must pay the compensation earned by a deceased state employee to the employee's estate unless the Probate Code, §160, or another law authorizes or requires a different payment method.
- (2) Additional mail codes. When a state agency pays the estate of a deceased state employee, the agency must establish an additional mail code under the payee identification number of the employee.
(p) Overtime payments.
- (1) Generally. A state employee covered by the overtime provisions of the FLSA must be credited or paid for overtime hours worked according to the GAA, the FLSA, and the regulations adopted by the United States Department of Labor under the FLSA. Those regulations and the FLSA prevail over the GAA to the extent of conflict, if any.
- (2) Method for making overtime payments. A state agency may pay overtime on any payroll voucher or document submitted to the comptroller, including a supplemental payroll voucher or document.
(q) Payments of compensation for working partial months.
(1) State employees paid once each month.
- (A) This paragraph applies only to a state employee who is paid once each month.
(B) A state agency must calculate the amount of compensation a state employee is entitled to receive for working less than a full month by:
- (i) calculating the employee's hourly rate of pay according to the GAA; and
- (ii) multiplying the employee's hourly rate of pay by the number of hours worked to determine the correct amount of compensation.
- (C) Subparagraph (B) of this paragraph also applies to the compensation paid to a state employee who is on leave without pay for less than an entire calendar month.
(2) State employees paid twice each month.
- (A) This paragraph applies only to a state employee who is paid twice each month.
(B) This subparagraph applies to a state employee who does not work all the available hours in the first half of a month but works all the available hours in the second half of the month.
(i) The total compensation that must be paid to a state employee for an entire month is equal to the product of:
- (I) the hours worked in the month by the employee; and
- (II) the employee's hourly rate for the month as calculated according to the GAA.
(ii) The amount of compensation that must be paid to a state employee for services provided during the first half of a month is equal to the product of:
- (I) the hours worked in that half of the month by the employee; and
- (II) the employee's hourly rate for the month as calculated according to the GAA.
(iii) The amount of compensation that must be paid to a state employee for services provided during the second half of a month equals the difference between:
- (I) the total compensation that must be paid to the employee for the entire month as determined under clause (i) of this subparagraph; and
- (II) the compensation that must be paid to the employee for services provided during the first half of the month as determined under clause (ii) of this subparagraph.
(C) This subparagraph applies to a state employee who works all the available hours in the first half of a month but does not work all the available hours in the second half of that month.
(i) The total compensation that must be paid to a state employee for an entire month is equal to the product of:
- (I) the hours worked in the month by the employee; and
- (II) the employee's hourly rate for the month as calculated according to the GAA.
- (ii) The amount of compensation that must be paid to a state employee for services provided during the first half of a month equals 50% of the employee's compensation for the month.
(iii) The amount of compensation that must be paid to a state employee for services provided during the second half of a month equals the difference between:
- (I) the total compensation that must be paid to the employee for the entire month as determined under clause (i) of this subparagraph; and
- (II) the compensation that must be paid to the employee for services provided during the first half of the month as determined under clause (ii) of this subparagraph.
(r) Lump sum payments for accrued vacation time.
- (1) Special definition. In this subsection, "state employee" has the meaning assigned by the Government Code, §661.061(2).
- (2) Entitlement to payments. A state employee who separates from state employment is entitled to be paid for the accrued balance of the employee's vacation time as of the date of separation.
- (3) Governing law. A payment under this subsection must be made according to the Government Code, Chapter 661, Subchapter C.
(4) Payroll details. The payroll detail submitted with a payroll voucher to make a payment to a state employee under this subsection must include:
- (A) the employee's rate of pay;
- (B) the date of separation from state employment; and
- (C) the number of days and hours of accrued vacation time, not including hours for authorized national and state holidays.
- (5) Appropriation year determination. A state agency must charge a payment under this subsection to an applicable appropriation for the payment of compensation. The payment must be charged to the appropriation year in which the state employee's separation from service becomes effective.
(6) Tax and retirement withholding from payments.
- (A) A payment under this subsection is subject to federal income tax withholding and withholding under the Federal Insurance Contributions Act.
(B) A payment under this subsection:
- (i) is not subject to deductions for employee retirement contributions to the optional retirement program or the Teacher Retirement System of Texas; and
- (ii) according to the Employees Retirement System of Texas, is not subject to deductions for employee contributions to that system.
(s) Lump-sum payments for accrued vacation leave and sick leave upon the death of a state employee.
- (1) Special definition. In this subsection, "state employee" has the meaning assigned by the Government Code, §661.031(2).
(2) Entitlement to payments. Upon the death of a state employee, the employing state agency shall pay the employee's estate for the employee's vacation leave and sick leave balances according to the limits, if any, established by the GAA. Notwithstanding the GAA, the payment may not be for more than:
- (A) all of the employee's accumulated vacation leave; and
- (B) one-half of the employee's accumulated sick leave.
- (3) Governing law. A payment under this subsection must be made according to the Government Code, Chapter 661, Subchapter B.
(4) Payroll details. The payroll detail submitted with a payroll voucher to pay accrued vacation leave and sick leave to a deceased employee's estate must include:
- (A) the employee's rate of pay at the time of death;
- (B) the date of separation from state employment;
- (C) the number of days and hours of accrued vacation time, not including hours for authorized national and state holidays; and
- (D) the number of days and hours of accrued sick leave.
- (5) Appropriation year determination. A state agency must charge a lump-sum payment for accrued vacation leave and sick leave to the agency's appropriation for the payment of compensation. The payment must be charged to the appropriation year in which the state employee's death occurred.
(6) Retirement withholding from payments. A lump-sum payment for accrued vacation leave and sick leave upon the death of a state employee:
- (A) is not subject to deductions for employee retirement contributions to the optional retirement program or the Teacher Retirement System of Texas; and
- (B) according to the Employees Retirement System of Texas, is not subject to deductions for employee retirement contributions to that system.
- (7) Tax withholding from the sick leave portion. The sick leave portion of a lump-sum payment for accrued vacation leave and sick leave upon the death of a state employee is not subject to federal income tax withholding or withholding under the Federal Insurance Contributions Act.
(8) Tax withholding from the vacation leave portion. The vacation leave portion of a lump-sum payment for accrued vacation leave and sick leave upon the death of a state employee:
- (A) is not subject to federal income tax withholding;
- (B) is subject to withholding under the Federal Insurance Contributions Act if the payment occurs during the calendar year of the employee's death; and
- (C) is not subject to withholding under the Federal Insurance Contributions Act if the payment occurs after the calendar year of the employee's death.
- (t) Hazardous duty pay. The statute governing hazardous duty pay is the Government Code, §659.062.
(u) Payroll deductions.
(1) Special definitions. The following words and terms, when used in this subsection, shall have the following meanings unless the context clearly indicates otherwise.
- (A) Certified state employee organization--A state employee organization that the comptroller has certified according to §5.46 of this title (relating to Deductions for Certain Membership Fees).
(B) State agency--
- (i) a board, commission, department, office, or other agency that is in the executive branch of state government and that was created by the constitution or a statute of the state, including an institution of higher education as defined by the Education Code, §61.003;
- (ii) the legislature or a legislative agency; or
- (iii) the supreme court, the court of criminal appeals, a court of appeals, the State Bar of Texas, or another state judicial agency.
- (2) Statutory limitation. The Government Code, §659.002, prohibits a state agency from making a deduction from the compensation paid to an employee whose compensation is paid in full or in part from state funds unless the deduction is authorized by law.
(3) List of authorized deductions. The deductions authorized by law are:
- (A) court-ordered deductions under the Bankruptcy Code, Chapter 13;
- (B) deductions required by levies imposed by the Internal Revenue Service;
- (C) deductions required by payroll deduction agreements between the Internal Revenue Service and state employees if the agreements are legally binding on employing state agencies;
- (D) federal income tax withholding;
- (E) deductions required by the Federal Insurance Contributions Act, which includes social security and Medicare withholding;
- (F) income tax deductions required by states other than Texas or by local governments outside Texas in which state employees live and work;
- (G) contributions to the Employees Retirement System of Texas, the Teacher Retirement System of Texas, the optional retirement program, the Judicial Retirement System of Texas Plan One, or the Judicial Retirement System of Texas Plan Two;
- (H) fees charged to state employees by their employing state agencies for complying with court-ordered child support deductions from the employees' compensation;
- (I) court-ordered child support deductions;
- (J) extra federal income tax withholding;
- (K) deferrals to and repayments of loans from the qualified deferred compensation plan;
- (L) deductions required by a valid assignment, transfer, or pledge of compensation as security for an indebtedness under the Education Code, §51.934;
- (M) health benefits plan deductions, cafeteria plan deductions, and other deductions authorized by the Insurance Code, Article 3.50-2, Texas Employees Uniform Group Insurance Benefits Act;
- (N) health benefits plan deductions, cafeteria plan deductions, and other deductions authorized by the Insurance Code, Article 3.50-3, Texas State College and University Employees Uniform Insurance Benefits Act;
- (O) deductions for goods and services provided to employees by the institutional division of the Department of Criminal Justice;
- (P) deductions for services provided to state employees of the Department on Aging, the Commission on Alcohol and Drug Abuse, the Commission for the Blind, the Cancer Council, the Children's Trust Fund of Texas, the Commission for the Deaf and Hearing Impaired, the Interagency Council on Early Childhood Intervention, the Department of Health, the Health and Human Services Commission, the Department of Human Services, the Department of Mental Health and Mental Retardation, the Department of Protective and Regulatory Services, the Rehabilitation Commission, and the Youth Commission;
- (Q) deferrals to the deferred compensation plans governed by the Internal Revenue Code of 1986, §457;
- (R) contributions by employees of the Texas Higher Education Coordinating Board, the Texas Education Agency, the Department of Mental Health and Mental Retardation, the Department of Health, the Youth Commission, and the governing boards of state-supported institutions of higher education to any investment authorized under the Internal Revenue Code of 1986, §403(b);
- (S) deductions to pay membership fees to certified state employee organizations;
- (T) service purchase installment deductions for contributing members of the Employees Retirement System of Texas, the Judicial Retirement System of Texas Plan I, or the Judicial Retirement System of Texas Plan II;
- (U) deductions from the compensation paid to certain faculty members who take English proficiency courses under the Education Code, §51.917;
- (V) deductions for contributions to eligible charitable organizations;
- (W) deductions for payments to credit unions;
- (X) deductions required by federal law for the repayment of guaranteed student loans;
- (Y) deductions for savings bond purchases; and
- (Z) deductions for supplemental optional benefit programs approved by the Employees Retirement System of Texas under the Government Code, §659.102;
- (AA) deductions to make payments under a prepaid tuition contract;
- (BB) deductions for contributions to a qualified football coaches plan.
(v) Garnishments.
- (1) Delivery of garnishment notices. A notice to garnish the compensation of a state employee must be delivered directly to the employing state agency.
(2) Garnishment notices for terminated employees. If a state agency receives a garnishment notice for a person no longer employed by the agency, then the agency must:
- (A) return the notice to the entity that issued the notice;
- (B) inform the entity that the person is no longer employed; and
- (C) identify to the entity the retirement system that the entity should contact to seek information about the person's retirement contribution balance.
(3) Compliance with garnishment notices. Upon receipt of a valid garnishment notice, the receiving state agency must:
- (A) inform the affected state employee about the notice and the procedures the agency will follow to comply with the notice;
- (B) establish a mail code on the comptroller's Texas payee information system for the recipient of the garnishment proceeds unless a payee number has already been designated for all state agencies to use; and
- (C) show the garnishment as a miscellaneous deduction on the affected state employee's payroll record.
- (4) Effective date of garnishment notices. A garnishment notice takes effect with the first payroll voucher submitted to the comptroller after the notice is received. Therefore, if a state agency receives a garnishment notice after the agency has submitted a payroll voucher to the comptroller, the notice does not apply to that voucher.
- (w) Refunds of deductions. A state agency may refund amounts previously deducted in error only by using credit amounts in the appropriate deduction column on a payroll voucher or document.
Source Note:The provisions of this §5.41 adopted to be effective November 19, 1996, 21 TexReg 10988.