By: Bivins S.B. No. 1378
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the direct transfer of certain federal funds.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter F, Chapter 404, Government Code, is
1-4 amended by adding Section 404.0955 to read as follows:
1-5 Sec. 404.0955. DIRECT TRANSFER OF CERTAIN FEDERAL FUNDS.
1-6 (a) The state treasurer, the comptroller, and a state agency that
1-7 is responsible for receiving or administering federal funds that
1-8 are used to pay benefits by electronic transfer or other electronic
1-9 means may adopt a joint memorandum of understanding that:
1-10 (1) requires the funds to be transferred directly from
1-11 the federal government to a person designated by the receiving or
1-12 administering state agency; and
1-13 (2) prescribes procedures for the receipt and
1-14 disbursement of the funds.
1-15 (b) The state treasurer, the comptroller, and the receiving
1-16 or administering state agency may adopt the joint memorandum of
1-17 understanding under this section only if the federal government
1-18 consents to the direct transfer.
1-19 (c) Section 404.094 does not apply to funds covered by the
1-20 memorandum of understanding.
1-21 SECTION 2. Section 22.005, Human Resources Code, is amended
1-22 by amending Subsection (f) and adding Subsections (g), (h), and (i)
1-23 to read as follows:
1-24 (f) Except as provided by Subsection (g), the <The> state
2-1 treasurer is the designated custodian of all funds administered by
2-2 the department and received by the state from the federal
2-3 government or any other source for the purpose of implementing the
2-4 provisions of the Social Security Act. The treasurer may receive
2-5 the funds, pay them into the proper fund or account of the general
2-6 fund of the state treasury, provide for the proper custody of the
2-7 funds, and make disbursements of the funds on the order of the
2-8 department and on warrant of the comptroller.
2-9 (g) The department, the comptroller, and the state treasurer
2-10 may adopt a joint memorandum of understanding that:
2-11 (1) requires that funds described by Subsection (f)
2-12 that are used to pay benefits by electronic transfer or other
2-13 electronic means be transferred directly from the federal
2-14 government or other funding source to a person designated by the
2-15 department; and
2-16 (2) prescribes procedures for the receipt and
2-17 disbursement of the funds.
2-18 (h) The department, the comptroller, and the state treasurer
2-19 may adopt the joint memorandum of understanding only if the federal
2-20 government or other funding source consents to the direct transfer.
2-21 (i) Section 404.094, Government Code, does not apply to
2-22 funds covered by the memorandum of understanding adopted under
2-23 Subsection (g).
2-24 SECTION 3. This Act takes effect September 1, 1993.
2-25 SECTION 4. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 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.