1-1 By: Bivins S.B. No. 1378
1-2 (In the Senate - Filed April 15, 1993; April 19, 1993, read
1-3 first time and referred to Committee on Finance; May 3, 1993,
1-4 reported favorably by the following vote: Yeas 12, Nays 0;
1-5 May 3, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Montford x
1-9 Turner x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Ellis x
1-14 Haley x
1-15 Moncrief x
1-16 Parker x
1-17 Ratliff x
1-18 Sims x
1-19 Truan x
1-20 Zaffirini x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the direct transfer of certain federal funds.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subchapter F, Chapter 404, Government Code, is
1-26 amended by adding Section 404.0955 to read as follows:
1-27 Sec. 404.0955. DIRECT TRANSFER OF CERTAIN FEDERAL FUNDS.
1-28 (a) The state treasurer, the comptroller, and a state agency that
1-29 is responsible for receiving or administering federal funds that
1-30 are used to pay benefits by electronic transfer or other electronic
1-31 means may adopt a joint memorandum of understanding that:
1-32 (1) requires the funds to be transferred directly from
1-33 the federal government to a person designated by the receiving or
1-34 administering state agency; and
1-35 (2) prescribes procedures for the receipt and
1-36 disbursement of the funds.
1-37 (b) The state treasurer, the comptroller, and the receiving
1-38 or administering state agency may adopt the joint memorandum of
1-39 understanding under this section only if the federal government
1-40 consents to the direct transfer.
1-41 (c) Section 404.094 does not apply to funds covered by the
1-42 memorandum of understanding.
1-43 SECTION 2. Section 22.005, Human Resources Code, is amended
1-44 by amending Subsection (f) and adding Subsections (g), (h), and (i)
1-45 to read as follows:
1-46 (f) Except as provided by Subsection (g), the <The> state
1-47 treasurer is the designated custodian of all funds administered by
1-48 the department and received by the state from the federal
1-49 government or any other source for the purpose of implementing the
1-50 provisions of the Social Security Act. The treasurer may receive
1-51 the funds, pay them into the proper fund or account of the general
1-52 fund of the state treasury, provide for the proper custody of the
1-53 funds, and make disbursements of the funds on the order of the
1-54 department and on warrant of the comptroller.
1-55 (g) The department, the comptroller, and the state treasurer
1-56 may adopt a joint memorandum of understanding that:
1-57 (1) requires that funds described by Subsection (f)
1-58 that are used to pay benefits by electronic transfer or other
1-59 electronic means be transferred directly from the federal
1-60 government or other funding source to a person designated by the
1-61 department; and
1-62 (2) prescribes procedures for the receipt and
1-63 disbursement of the funds.
1-64 (h) The department, the comptroller, and the state treasurer
1-65 may adopt the joint memorandum of understanding only if the federal
1-66 government or other funding source consents to the direct transfer.
1-67 (i) Section 404.094, Government Code, does not apply to
1-68 funds covered by the memorandum of understanding adopted under
2-1 Subsection (g).
2-2 SECTION 3. This Act takes effect September 1, 1993.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.
2-8 * * * * *
2-9 Austin,
2-10 Texas
2-11 May 3, 1993
2-12 Hon. Bob Bullock
2-13 President of the Senate
2-14 Sir:
2-15 We, your Committee on Finance to which was referred S.B. No. 1378,
2-16 have had the same under consideration, and I am instructed to
2-17 report it back to the Senate with the recommendation that it do
2-18 pass and be printed.
2-19 Montford,
2-20 Chairman
2-21 * * * * *
2-22 WITNESSES
2-23 FOR AGAINST ON
2-24 ___________________________________________________________________
2-25 Name: Kenny McLeskey x
2-26 Representing: Comptroller's Office
2-27 City: Austin
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2-29 Name: Penny H. Tisdale x
2-30 Representing: Tx. Dept. of Human Services
2-31 City: Austin
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