SRC-JFA H.B. 1209 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1209
By: Maxey (Ellis)
Finance
5-13-97
Engrossed


DIGEST 

The Comptroller of Public Accounts Texas Performance Review, in the
December 1996 report, Disturbing the Peace, recommended that the
legislature allow the comptroller to pay vendors via electronic funds
transfers.  The U.S. Congress passed legislation in 1996 that requires all
new recipients of government payments to receive them electronically.
Eventually, all recipients with accounts at financial institutions will
have to accept funds from the federal government electronically.
Currently, state law allows vendors to voluntarily request state payment
via electronic funds transfer, and the comptroller pays roughly 8,100
vendors electronically.  This is about eight percent of all payments.
This bill would effectively translate the comptroller's recommendations
into law.  This bill would require the comptroller to pay all vendors
electronically and allow the comptroller to schedule payments and bundle
interest payments into one warrant to vendors.   

PURPOSE

As proposed, H.B. 1209 requires the comptroller to pay all vendors
electronically and authorizes the comptroller to schedule payments and
bundle interest payments into one warrant to vendors. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the comptroller in SECTION 3 (Section
2251.026(f), Government Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. (a)  Amends Section 403.016, Government Code, by amending
Subsection (c) and by adding Subsection (k), to require the comptroller to
use the electronic funds transfer (EFT) system to make payments to
vendors, among other required actions.  Deletes text requiring the
comptroller to use the EFT system to make payments to vendors designated
by the comptroller, among other required actions.  Provides that
Paragraphs (A) and (B) of Subsection (h)(1) do not apply to a vendor. 

(b) Effective date for this SECTION:  September 1, 1998. 

SECTION 2. Amends Section 2155.382, Government Code, by adding Subsections
(c)-(e), to authorize the comptroller to issue the warrant directly to the
vendor.  Authorizes the comptroller to combine into a single warrant
payments that the state owes to a vendor under more than one invoice.
Authorizes the comptroller to allow or require a state agency to schedule
payments that the comptroller will make to a vendor.  Requires the
comptroller to prescribe the circumstances under which advance scheduling
of payments is allowed or required.  Requires the comptroller to require
advance scheduling of payments when it is advantageous to the state.
Authorizes the comptroller to require vendors to provide payment
addresses, vendor identification numbers, and other account information
directly to the comptroller.   

SECTION 3. (a)  Amends Section 2251.026, Government Code, to require the
comptroller to compute interest imposed on the state agency under this
chapter.  Requires the comptroller to pay the interest at the time payment
is made on the principal.  Requires the comptroller to submit the interest
payment with the net amount due for goods and services.  Prohibits the
comptroller and the state agency from requiring a vendor to petition,
bill, or wait an additional day to receive the interest due.  Authorizes
the comptroller to require necessary and timely information and adopt
rules to  administer this section.   

(b) Effective date for this SECTION:  September 1, 1999.  Makes
application of this Act prospective. 

SECTION 4. (a)  Repealer:  Section 2251.041, Government Code (Claim for
Interest Imposed Against State Agency).   

(b)  Effective date for this SECTION:  September 1, 1999.  Makes
application of this Act prospective. 

SECTION 5. Emergency clause. 
  Effective date:  90 days after adjournment.