OP 62.21 University Employees Indebted to the State of Texas

DATE: June 28, 1996

PURPOSE:  The purpose of this Operating Policy/Procedure (OP) is to establish a University policy for employees who are indebted to the State of Texas insofar as the constitution and laws of Texas allow.

REVIEW:  This OP will be reviewed on January 1 of every odd-numbered year by the Director of Accounting Services (DAS) with recommendations for change forwarded through channels to the Vice President for Fiscal Affairs (VPFA).

 

POLICY/PROCEDURE

1. Authority to Withhold Payroll Check(s) or Warrant(s)

  1. Section 403.055, Title 4, of the Government Code states: "A warrant may not be issued to a person, or to a person's agent or assignee if the person is indebted to the state until such debt is paid".

  2. However, under the constitution and laws of Texas, no warrant may be withheld unless the employee who is indebted voluntarily signs a valid Waiver Agreement (Attachment A) which states that the employee understands the protection afforded by the Texas Constitution and waives that protection.

2. Employee Briefing

Newly hired employees will be briefed on their responsibilities and obligations to Texas Tech University and the State of Texas concerning indebtedness that might occur from such things as the writing of insufficient fund checks, nonpayment of student loans, failure to pay taxes, etc.

3. Placing a Hold on a Paycheck or Warrant

Collection of the indebtedness will be attempted by contacting the employee directly. Employees will be advised of the option of authorizing a salary hold on their paycheck by completing the Waiver Agreement for Salary Warrant (or Check) Assignment form (Attachment A).

The Manager of Payroll, upon receipt of the Waiver Agreement (Attachment A) will ensure that the payroll warrant (check) for the period indicated is placed on hold and not distributed to the employee.

The Comptroller of the State of Texas will be advised of any employee who leaves the University without clearing any financial obligations to the University.

ATTACHMENT A