By Van de Putte H.B. No. 2380
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the deposit and transfer of certain federal funds.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 22.005, Human Resources Code, is amended
1-5 by amending Subsection (f) and adding Subsection (g) to read as
1-6 follows:
1-7 (f) Except as provided by Subsection (g), the <The> state
1-8 treasurer is the designated custodian of all funds administered by
1-9 the department and received by the state from the federal
1-10 government or any other source for the purpose of implementing the
1-11 provisions of the Social Security Act. The treasurer may receive
1-12 the funds, pay them into the proper fund or account of the general
1-13 fund of the state treasury, provide for the proper custody of the
1-14 funds, and make disbursements of the funds on the order of the
1-15 department and on warrant of the comptroller.
1-16 (g) The department, the comptroller, and the state treasurer
1-17 may jointly adopt a memorandum of understanding that the funds
1-18 described in Subsection (f) must be transferred directly from the
1-19 federal government or other funding source to the person designated
1-20 by the department. A memorandum of understanding may not be
1-21 adopted if:
1-22 (1) the federal government or other source does not
1-23 consent to the direct transfer; or
2-1 (2) the funds are not used to pay benefits
2-2 electronically.
2-3 SECTION 2. Section 404.094, Government Code is amended by
2-4 adding Subsections (d) and (e) to read as follows:
2-5 (d) Subsections (a) through (c) do not apply to funds
2-6 concerning which the treasurer, the comptroller, and the Department
2-7 of Human Services have jointly adopted a memorandum of
2-8 understanding under Section 22.005(g), Human Resources Code.
2-9 (e)(1) The treasurer, the comptroller, and the state agency
2-10 responsible for receiving or administering federal funds may
2-11 jointly adopt a memorandum of understanding that those funds may be
2-12 transferred directly from the federal government to a person
2-13 designated by the agency. A memorandum of understanding may not be
2-14 adopted if:
2-15 (A) the federal government does not consent to
2-16 the direct transfer; or
2-17 (B) the funds are not used to pay benefits
2-18 electronically.
2-19 (2) Subsections (a) through (c) do not apply to
2-20 federal funds covered by a memorandum of understanding adopted
2-21 under Subdivision (1).
2-22 SECTION 3. This Act takes effect September 1, 1993.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.