Tex. Gov't Code § 666.002 · Chapter 666. RECOVERING EXCESS COMPENSATION PAID TO A STATE OFFICER OR EMPLOYEE
RECOVERY AUTHORIZATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.666.htm
- Text hash
- sha256 2205e39f4dc730db2a33e8b6e1c559a19f9a5e531776d17661042704d388ec6d
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
- Tex. Gov't Code § 404.046PAYMENT FROM TREASURY.Printed as Section 404.046, 404.069, or 2103.003
- Tex. Gov't Code § 404.069TRUST FUNDS.Printed as Section 404.046, 404.069, or 2103.003
- Tex. Gov't Code § 666.003NOTICE.Printed as Section 666.003
- Tex. Gov't Code § 666.005RECOVERY REQUESTS TO THE COMPTROLLER.Printed as Section 666.005
- Tex. Gov't Code § 2103.003STATE AGENCY SPENDING OF APPROPRIATED FUNDS.Printed as Section 404.046, 404.069, or 2103.003
Cited by 3 provisions
Provisions in this library whose text cites Tex. Gov't Code § 666.002. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.