By Maxey H.B. No. 1209
75R2843 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to payments to vendors doing business with state
1-3 government.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. (a) Section 403.016, Government Code, is amended
1-6 by amending Subsection (c) and adding Subsection (k) to read as
1-7 follows:
1-8 (c) The comptroller shall use the electronic funds transfer
1-9 system to make:
1-10 (1) payments of more than $100 to annuitants by the
1-11 Employees Retirement System of Texas or the Teacher Retirement
1-12 System of Texas under either system's administrative jurisdiction;
1-13 (2) recurring payments to municipalities, counties,
1-14 political subdivisions, special districts, and other governmental
1-15 entities of this state; and
1-16 (3) payments to vendors [designated by the
1-17 comptroller].
1-18 (k) Paragraphs (A) and (B) of Subsection (h)(1) do not apply
1-19 to a vendor.
1-20 (b) This section takes effect September 1, 1998.
1-21 SECTION 2. Section 2155.382, Government Code, is amended by
1-22 adding Subsections (c)-(e) to read as follows:
1-23 (c) The comptroller may issue the warrant directly to the
1-24 vendor. The comptroller, when appropriate, may combine into a
2-1 single warrant payments that the state owes to a vendor under more
2-2 than one invoice, including payments to the vendor made on behalf
2-3 of more than one state agency.
2-4 (d) The comptroller may allow or require a state agency to
2-5 schedule payments that the comptroller will make to a vendor. The
2-6 comptroller shall prescribe the circumstances under which advance
2-7 scheduling of payments is allowed or required. The comptroller
2-8 shall require advance scheduling of payments when it is
2-9 advantageous to the state.
2-10 (e) The comptroller may require vendors to provide payment
2-11 addresses, vendor identification numbers, and other account
2-12 information directly to the comptroller.
2-13 SECTION 3. (a) Section 2251.026, Government Code, is
2-14 amended to read as follows:
2-15 Sec. 2251.026. PAYMENT OF INTEREST BY STATE AGENCY. (a) If
2-16 the warrant for a payment the originating state agency owes is not
2-17 mailed or electronically transmitted before the payment is overdue,
2-18 the agency is liable for an interest payment that accrues under
2-19 this chapter.
2-20 (b) The comptroller shall compute interest imposed on the
2-21 state agency under this chapter.
2-22 (c) The comptroller shall pay the interest at the time
2-23 payment is made on the principal.
2-24 (d) The comptroller shall submit the interest payment with
2-25 the net amount due for goods and services.
2-26 (e) The comptroller and the state agency may not require a
2-27 vendor to petition, bill, or wait an additional day to receive the
3-1 interest due.
3-2 (f) The comptroller may require necessary and timely
3-3 information and adopt rules to administer this section.
3-4 (b) This section takes effect September 1, 1999. The change
3-5 in law made by this section applies only to interest on a payment
3-6 by a state agency that becomes overdue under Chapter 2251,
3-7 Government Code, on or after that date. Interest on a payment by a
3-8 state agency that becomes overdue under Chapter 2251, Government
3-9 Code, before that date is governed by Section 2251.026, Government
3-10 Code, as it exists on the date the payment becomes overdue, and the
3-11 prior law is continued in effect for that purpose.
3-12 SECTION 4. (a) Section 2251.041, Government Code, is
3-13 repealed.
3-14 (b) This section takes effect September 1, 1999. The change
3-15 in law made by this section applies only to interest on a payment
3-16 by a state agency that becomes overdue under Chapter 2251,
3-17 Government Code, on or after that date. Interest on a payment by a
3-18 state agency that becomes overdue under Chapter 2251, Government
3-19 Code, before that date is governed by Section 2251.041, Government
3-20 Code, as it exists on the date the payment becomes overdue, and the
3-21 prior law is continued in effect for that purpose.
3-22 SECTION 5. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.