LOCAL GOVERNMENT CODE

TITLE 5. MATTERS AFFECTING PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. COUNTY OFFICERS AND EMPLOYEES

CHAPTER 155. DEDUCTIONS FROM COMPENSATION OF COUNTY EMPLOYEES

SUBCHAPTER A. AUTHORIZED DEDUCTIONS FOR COUNTIES

Sec. 155.001.  DEDUCTIONS AUTHORIZED IN COUNTIES;  PURPOSES.  (a)  The commissioners court, on the request of a county employee, may authorize a payroll deduction to be made from the employee's wages or salary for:
(1)  payment to a credit union;
(2)  payment of membership dues in a labor union or a bona fide employees association;
(3)  payment of fees for parking in a county-owned facility;
(4)  payment to a charitable organization;  or
(5)  payment relating to an item not listed in this subsection if the commissioners court determines that the payment serves a public purpose.
(b)  In this section, "charitable organization" has the meaning assigned by Section 659.131, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 433, Sec. 1, eff. Aug. 28, 1995;  Acts 1995, 74th Leg., ch. 817, Sec. 1, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 62, Sec. 13.04, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 185, Sec. 1, eff. May 18, 2001;  Acts 2003, 78th Leg., ch. 1123, Sec. 1, eff. June 20, 2003.

Sec. 155.002.  EMPLOYEE'S REQUEST.  (a)  A request for a payroll deduction must:
(1)  be in writing;
(2)  be submitted to the county auditor;  and
(3)  state the amount to be deducted and the entity to which the amount is to be transferred.
(b)  A request remains in effect until the county auditor receives a written notice of revocation signed by the employee.
(c)  A payroll deduction may not exceed the amount stated in the request.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 155.003.  PAYMENT OF ADMINISTRATIVE COSTS.  (a)  Public funds may not be used to pay the administrative costs of making a deduction, except for a deduction relating to the payment of parking fees in a county-owned facility.
(b)  The credit union, labor union, or employees association for whose benefit a deduction is made shall pay any administrative costs for making the deduction.  The commissioners court shall determine the amount of the administrative costs.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 155.004.  OTHER STATUTE NOT AFFECTED.  This chapter does not affect Chapter 617, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(16), eff. Sept. 1, 1995.

SUBCHAPTER B. CERTAIN DEDUCTIONS MADE BY COUNTY TREASURER OR OTHER OFFICER

Sec. 155.021.  DEDUCTIONS ENUMERATED.  The county treasurer or, if another officer is specified by law, that other officer shall make the deductions from, or take other similar actions with regard to, the compensation of county employees as required:
(1)  for employee contributions for coverage under the federal social security program in accordance with Chapter 606, Government Code;
(2)  for the purchase of annuities or for contributions to investments for employees in accordance with Chapter 22, Acts of the 57th Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil Statutes);
(3)  for the purchase of United States savings bonds for employees in accordance with Chapter 608, Government Code;
(4)  for employee participation in a deferred compensation plan in accordance with Chapter 609, Government Code; or
(5)  for employee contributions to a retirement system in accordance with Section 845.403, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 179, Sec. 2(j), eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 268, Sec. 39, eff. Sept. 1, 1993.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 16.003, eff. September 1, 2011.

SUBCHAPTER C. CAFETERIA PLAN SALARY REDUCTIONS

Sec. 155.041.  DEFINITION.  In this subchapter, "county employee" means a person who receives compensation for service performed, other than as an independent contractor, for a county, for a precinct or other unit of a county, or for a county officer acting in an official capacity.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 36, eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 51, Sec. 1, eff. May 7, 2001.

Sec. 155.042.  BENEFIT PROGRAM.  The commissioners court of a county by order or resolution may establish a program to provide benefits that qualify for a cafeteria plan or a bona fide compensation reduction arrangement under the federal Internal Revenue Code of 1986 and regulations adopted under that code.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 36, eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 51, Sec. 1, eff. May 7, 2001.

Sec. 155.043.  SALARY REDUCTION AGREEMENTS.  (a)  If the commissioners court establishes a program under this subchapter, the court shall authorize county employees to enter into voluntary agreements with the county to reduce the periodic compensation paid the employees by the county by amounts to be used to finance benefit options provided under the program.  An authorization under this section must be made available to all employees of the county.
(b)  Amounts by which a county employee's compensation is reduced under an agreement under this section are excluded from the computation of contributions and other payments governed by federal law to the extent authorized by federal law, including withholding payments for federal income taxes and contributions to the federal old age and survivors insurance program, but are not excluded in the computation of contributions to and benefits from the Texas County and District Retirement System and other retirement programs governed by state law.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 36, eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 51, Sec. 1, eff. May 7, 2001.

Sec. 155.044.  RULES.  The commissioners court may adopt rules, consistent with this subchapter and federal requirements, for participation in and administration of the program authorized by this subchapter.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 36, eff. Aug. 28, 1989.  Amended by Acts 2001, 77th Leg., ch. 51, Sec. 1, eff. May 7, 2001.

SUBCHAPTER D. INSURANCE DEDUCTIONS IN COUNTIES

Sec. 155.061.  DEDUCTIONS AUTHORIZED.  (a)  The commissioners court of a county, on the request of a county official or employee, may authorize a payroll deduction to be made from the official's or employee's wages or salary for the payment of premiums on an individual insurance policy, including a health, accident, dental, accidental death and dismemberment, disability, cancer or other catastrophic illness or disease, hospital, surgical, medical expense, or whole or term life insurance policy, that insures the official or employee or the dependents of the official or employee.
(b)  If the commissioners court authorized a payroll deduction under this section, the commissioners court may not pay any part of the premiums on the policy.
Added by Acts 1991, 72nd Leg., ch. 302, Sec. 1, eff. Aug. 26, 1991.

Sec. 155.062.  REQUEST FOR DEDUCTION.  (a)  A request for an insurance deduction must:
(1)  be submitted to the county officer authorized by the commissioners court to administer payroll deductions;  and
(2)  state the amount to be deducted and the entity to which the amount is to be transferred.
(b)  A request remains in effect until the county officer authorized to administer the insurance deductions receives a notice of change.
(c)  An insurance deduction may not exceed the amount stated in the request plus the amount of any change in applicable insurance premiums imposed after the date the request for deduction is submitted.
(d)  If the amount of an applicable insurance premium is changed after the date the request for deduction is submitted, the county officer authorized to administer insurance deductions shall provide written notice of the change to each affected employee.  The notice must be provided before the change takes effect.
Added by Acts 1991, 72nd Leg., ch. 302, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 1997, 75th Leg., ch. 96, Sec. 1, eff. Sept. 1, 1997.

Sec. 155.063.  ADMINISTRATION OF DEDUCTIONS.  (a)  The commissioners court may authorize:
(1)  a county officer to administer the insurance deductions and to transfer an insurance deduction to the appropriate entity;  and
(2)  the county officer to charge the appropriate entity the costs of administering an insurance deduction.
(b)  The commissioners court may require an entity that will receive a transferred deduction under this section to submit to the commissioners court information required by the court to determine the stability and financial solvency of the insurance company and of the availability of benefits under the insurance policy.
(c)  The commissioners court may require the submission of other information the commissioners court determines necessary to justify an insurance deduction.
(d)  The payment by the county of administrative costs of making an insurance deduction may not be considered as evidence of a contract of the insured's employment with the county.
Added by Acts 1991, 72nd Leg., ch. 302, Sec. 1, eff. Aug. 26, 1991.