(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.Tex. Gov't. Code § 666.003
Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 39, eff. 9/1/2001.Added by Acts 1999, 76th Leg., ch. 1467, Sec. 1.27, eff. 1/1/2000.