CHAPTER 666. RECOVERING EXCESS COMPENSATION PAID TO A STATE OFFICER OR EMPLOYEE
GOVERNMENT CODE
TITLE 6. PUBLIC OFFICERS AND EMPLOYEES
SUBTITLE B. STATE OFFICERS AND EMPLOYEES
CHAPTER 666. RECOVERING EXCESS COMPENSATION PAID TO A STATE
OFFICER OR EMPLOYEE
Sec. 666.001. DEFINITIONS. In this chapter:
(1) "Compensation" includes:
(A) base salary or wages;
(B) longevity or hazardous duty pay;
(C) benefit replacement pay;
(D) a payment for the balance of vacation and sick leave under
Subchapter B, Chapter 661;
(E) a payment for the accrued balance of vacation time under
Subchapter C, Chapter 661; and
(F) an emolument provided in lieu of base salary or wages.
(2) "Indebtedness" means the amount of compensation paid to a
state employee that exceeds the amount the employee is eligible
to receive under law because at the time the compensation was
paid:
(A) the employee was ineligible to receive the entire amount
paid; or
(B) the employee's eligibility to receive the entire amount paid
was conditioned on:
(i) the occurrence of an event that did not occur; or
(ii) the employee's fulfillment of a promise that the employee
did not fulfill.
(3) "State agency" means a board, commission, council,
committee, department, office, agency, or other governmental
entity in the executive, legislative, or judicial branch of state
government. The term includes:
(A) the Texas Guaranteed Student Loan Corporation; and
(B) an institution of higher education as defined by Section
61.003, Education Code, other than a public junior or community
college.
(4) "State employee" means an officer or employee of a state
agency.
(5) "Successor" means:
(A) the estate of a deceased state employee;
(B) the surviving spouse of a deceased state employee; or
(C) the distributees of the estate of a deceased state employee.
Added by Acts 1999, 76th Leg., ch. 1467, Sec. 1.27, eff. Jan. 1,
2000. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 39, eff.
Sept. 1, 2001.
Sec. 666.002. RECOVERY AUTHORIZATION. (a) A state agency may
recover in accordance with this chapter the amount of a state
employee's indebtedness to the agency if:
(1) the agency provides a notice to the employee or successor
that complies with Section 666.003;
(2) the agency provides the employee or successor with an
opportunity to exercise any due process or other constitutional
or statutory protection that must be accommodated before the
agency may begin a collection action or procedure;
(3) the agency determines that the recovery would not violate
any applicable law or rule of this state or the United States;
and
(4) the comptroller is not responsible under Section 404.046,
404.069, or 2103.003 for paying the amount owed by the agency to
the employee or successor through the issuance of a warrant or
initiation of an electronic funds transfer.
(b) The comptroller may recover in accordance with this chapter
the amount of a state employee's indebtedness to a state agency
if:
(1) the agency provides a notice to the employee or successor
that complies with Section 666.003;
(2) the agency's request for the comptroller to recover the
indebtedness complies with Section 666.005; and
(3) the comptroller is responsible under Section 404.046,
404.069, or 2103.003 for paying the amount owed by the agency to
the employee or the successor through the issuance of a warrant
or initiation of an electronic funds transfer.
(c) A state agency may recover the amount of a state employee's
indebtedness to the agency under this chapter by:
(1) deducting the amount of the indebtedness from any amount of
compensation the agency owes the employee or the employee's
successor; or
(2) reducing the gross amount of base salary or wages that the
agency owes the employee or the employee's successor for services
provided by the employee during any pay period after the pay
period in which the indebtedness was incurred.
(d) The comptroller may recover the amount of a state employee's
indebtedness to a state agency under this chapter by:
(1) deducting the amount of the indebtedness from any amount of
compensation the agency owes the employee or the employee's
successor; or
(2) reducing the gross amount of base salary or wages that the
agency owes the employee or the employee's successor for services
provided by the employee during any pay period after the pay
period in which the indebtedness was incurred.
(e) For the purposes of Subsections (c)(2) and (d)(2), an
indebtedness is incurred during the pay period the compensation
is earned by the employee. For purposes of this subsection,
compensation is earned without regard to whether the amount of
that compensation exceeds the amount the employee was eligible to
receive.
Added by Acts 1999, 76th Leg., ch. 1467, Sec. 1.27, eff. Jan. 1,
2000. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 39, eff.
Sept. 1, 2001.
Sec. 666.003. NOTICE. (a) A state agency shall provide notice
to a state employee or the employee's successor before the
agency:
(1) recovers the amount of the employee's indebtedness to the
agency under Section 666.002(a); or
(2) requests the comptroller to recover the amount of the
employee's indebtedness to the agency under Section 666.002(b).
(b) The notice must:
(1) be given in a manner reasonably calculated to give actual
notice to the employee or successor;
(2) state the:
(A) amount of the indebtedness; and
(B) name of the indebted employee;
(3) specify the date by which the indebtedness must be paid; and
(4) inform the employee or successor that unless the
indebtedness is paid on or before the date specified, the amount
of the indebtedness may be recovered by:
(A) deducting it from any amount of compensation the agency owes
the employee or successor; or
(B) reducing the gross amount of base salary or wages that the
agency owes the employee or successor for services provided by
the employee during any pay period after the pay period in which
the indebtedness was incurred.
(c) For purposes of Subsection (b)(4)(B), an indebtedness is
incurred during the pay period the compensation is earned by the
employee. For purposes of this subsection, compensation is earned
without regard to whether the amount of that compensation exceeds
the amount the employee was eligible to receive.
Added by Acts 1999, 76th Leg., ch. 1467, Sec. 1.27, eff. Jan. 1,
2000. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 39, eff.
Sept. 1, 2001.
Sec. 666.004. PAYMENT OF AMOUNT REMAINING. Any amount that
remains owed after a recovery under Section 666.002 shall be paid
to the state employee or successor.
Added by Acts 1999, 76th Leg., ch. 1467, Sec. 1.27, eff. Jan. 1,
2000. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 39, eff.
Sept. 1, 2001.
Sec. 666.005. RECOVERY REQUESTS TO THE COMPTROLLER. (a) A
state agency may not request the comptroller to make a recovery
under Section 666.002(b) before the agency:
(1) provides the employee or successor the opportunity to
exercise any due process or other constitutional or statutory
protection that must be accommodated before a collection action
or procedure may begin; and
(2) determines that the recovery would not violate any
applicable law or rule of this state or the United States.
(b) The comptroller may not investigate or determine whether the
agency has complied with Subsection (a)(1). The comptroller may
rely on a determination made under Subsection (a)(2).
(c) A state agency's request to the comptroller to make a
recovery under Section 666.002(b) must comply with the
comptroller's requirements for format, content, and frequency.
Added by Acts 1999, 76th Leg., ch. 1467, Sec. 1.27, eff. Jan. 1,
2000. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 39, eff.
Sept. 1, 2001.
Sec. 666.006. ASSIGNEES. (a) The assignee of a state employee
or the employee's successor is considered to be a successor for
the purposes of this chapter, except that a recovery under this
chapter from the compensation or base salary or wages owed to the
assignee of a state employee or the employee's successor may not
be made if the assignment became effective before the employee
incurred the indebtedness.
(b) For purposes of Subsection (a), an indebtedness is incurred
on:
(1) the date the compensation is paid, if eligibility to receive
the entire amount of the compensation was not conditioned on a
state employee fulfilling a promise; or
(2) the day after the deadline for a state employee to fulfill a
promise, if eligibility to receive the entire amount of the
compensation was conditioned on the employee fulfilling the
promise.
(c) This chapter neither authorizes nor prohibits a state
employee or the employee's successor from assigning the
employee's or successor's right or eligibility to receive
compensation.
Added by Acts 1999, 76th Leg., ch. 1467, Sec. 1.27, eff. Jan. 1,
2000. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 39, eff.
Sept. 1, 2001.
Sec. 666.007. OTHER METHODS OF RECOVERY NOT PROHIBITED. This
chapter does not prohibit the comptroller or a state agency from
recovering an indebtedness in any manner authorized by a law
other than this chapter.
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 39, eff. Sept. 1,
2001.
Sec. 666.008. ADMINISTRATION. The comptroller may adopt rules
and establish procedures to administer this chapter.
Added by Acts 1999, 76th Leg., ch. 1467, Sec. 1.27, eff. Jan 1,
2000. Renumbered from Government Code Sec. 666.007 by Acts 2001,
77th Leg., ch. 1158, Sec. 39, eff. Sept. 1, 2001.