Sec. 659.151. MISAPPLICATION OF CONTRIBUTIONS; AUDIT. (a) The state policy committee may request the comptroller or state auditor to audit a participating charitable organization, the state campaign manager, or a local employee committee or local campaign manager appointed by the state policy committee that the state policy committee reasonably believes has misapplied contributions under this subchapter.
(b) If an audit under this section reveals gross negligence or intentional misconduct on the part of the state campaign manager or a local employee committee or local campaign manager appointed by the state policy committee, the state policy committee shall remove the campaign manager or local employee committee. A person removed under this subsection is not eligible to serve in the capacity from which the person was removed before the fifth anniversary of the date the person was removed.
(c) If an audit under this section reveals intentional misconduct on the part of the state campaign manager, a local employee committee or local campaign manager appointed by the state policy committee, or a participating charitable organization that has distributed money received from the state employee charitable campaign, the state policy committee shall forward its findings to the appropriate law enforcement agency.
(d) The attorney general may bring an action to recover misapplied contributions.
(e) If an investigation or lawsuit results in a recovery of misapplied contributions and there is not a judgment distributing the amounts recovered, the state policy committee shall instruct the comptroller as to the manner of refunding contributions to the appropriate state employees.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.17(a), eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 15.01, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1315 (S.B. 217), Sec. 13, eff. September 1, 2013.
Structure Texas Statutes
Title 6 - Public Officers and Employees
Subtitle B - State Officers and Employees
Subchapter I. Charitable Contributions
Section 659.1311. Public Junior Colleges
Section 659.132. Deduction Authorized
Section 659.133. Voluntary Participation
Section 659.134. Designation of an Eligible Charitable Organization
Section 659.135. Confidentiality
Section 659.136. Revocation or Change of Authorization
Section 659.137. Duration of Deduction
Section 659.138. Time of Campaign
Section 659.139. Fair and Equitable Management of Campaign
Section 659.140. State Employee Charitable Campaign Policy Committee
Section 659.1401. Grounds for Removal From State Policy Committee
Section 659.1402. Training for State Policy Committee Members
Section 659.141. State Campaign Manager
Section 659.142. State Employee Charitable Campaign Advisory Committee
Section 659.145. Terms of Committee Members; Compensation
Section 659.147. Eligibility of Charitable Organizations for Local Participation
Section 659.149. Fund-Raising Practices
Section 659.150. Limitation on the Use of Contributions