By Raymond                                      H.B. No. 2299

      75R2760 RJA-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to persons indebted to the state or delinquent in payment

 1-3     of taxes to the state.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 57.48, Education Code, is amended to read

 1-6     as follows:

 1-7           Sec. 57.48. PAYMENTS BY THE COMPTROLLER [WARRANTS NOT TO BE

 1-8     ISSUED] TO DEFAULTING PERSONS PROHIBITED [PARTIES].  (a)  The

 1-9     corporation  shall report to the comptroller [of public accounts]

1-10     the name of any person who is in default on a loan guaranteed under

1-11     this chapter.

1-12           (b)  Except as provided by Subsection (d), the [The]

1-13     comptroller, as a ministerial duty, [of public accounts] may not

1-14     issue a warrant  or initiate an electronic funds transfer to any

1-15     person who has been reported under Subsection (a) [by the

1-16     corporation to be in default  on a loan guaranteed under this

1-17     chapter].

1-18           (c)  The comptroller may issue a warrant or initiate an

1-19     electronic funds transfer to the assignee of a person who has been

1-20     reported under  Subsection (a) [is in default] only if the

1-21     assignment became effective before the person defaulted.

1-22           (d)  This [When this] section does not prohibit [prohibits]

1-23     the comptroller from issuing a warrant or initiating an electronic

1-24     funds transfer to a person who has been reported under Subsection

 2-1     (a) or to the person's assignee if the corporation subsequently

 2-2     reports to [,] the comptroller  that:

 2-3                 (1)  the person is in compliance with an installment

 2-4     payment or similar agreement between the corporation and that

 2-5     person for elimination of the default;

 2-6                 (2)  the default is in the process of being eliminated

 2-7     through deduction of amounts from the person's compensation under

 2-8     the garnishment provisions of 20 U.S.C. Section 1095a;

 2-9                 (3)  the default has been eliminated; or

2-10                 (4)  the report of default was erroneous [is also

2-11     prohibited from using an electronic funds transfer system to pay

2-12     the person].

2-13           (e)  A report by the corporation to the comptroller under

2-14     this section must contain the information and be submitted in the

2-15     manner and with the frequency required by the comptroller [This

2-16     section does not prohibit the comptroller from issuing a warrant to

2-17     pay the compensation of a state officer or employee].

2-18           (f)  The corporation may not report a person under Subsection

2-19     (a) before the corporation has provided the person the opportunity

2-20     to exercise any due process or other constitutional or statutory

2-21     protection that must be accommodated before the corporation may

2-22     initiate collection actions or procedures.  The comptroller may not

2-23     investigate or determine whether the corporation has complied with

2-24     this prohibition. [(1)  This subsection applies when a payment is

2-25     made to a person other than through the comptroller's issuance of a

2-26     warrant or  the comptroller's use of an electronic funds transfer

2-27     system.]

 3-1                 [(2)  A state agency may not use funds inside or

 3-2     outside the state treasury to pay a person if the person is in

 3-3     default on a loan guaranteed under this chapter.]

 3-4                 [(3)  This subsection does not prohibit a state agency

 3-5     from paying the assignee of a person who is in default on a loan

 3-6     guaranteed under this chapter if the assignment became effective

 3-7     before the person defaulted.]

 3-8                 [(4)  This subsection does not prohibit a state agency

 3-9     from paying the compensation of a state officer or employee.]

3-10                 [(5)  The comptroller may not reimburse a state agency

3-11     for a payment that is made in violation of this subsection.]

3-12           [(g)  In this section:]

3-13                 [(1)  "Compensation" includes wages, salaries,

3-14     longevity pay, hazardous duty pay, and emoluments that are provided

3-15     in lieu of wages or salaries.  The term does not include expense

3-16     reimbursements.]

3-17                 [(2)  "State agency" means a board, commission,

3-18     council, committee, department, office, agency, or other

3-19     governmental entity in the executive, legislative, or judicial

3-20     branch of state government.  The term includes an institution of

3-21     higher education as defined by Section 61.003, Education Code.]

3-22                 [(3)  "State officer or employee" means an officer or

3-23     employee of a state agency.]

3-24           SECTION 2.  Subchapter C, Chapter 57, Education Code, is

3-25     amended by adding Section 57.482 to read as follows:

3-26           Sec. 57.482.  PAYMENTS BY STATE AGENCY TO DEFAULTING PERSONS

3-27     PROHIBITED.  (a)  Except as provided by Subsection (c), a state

 4-1     agency, as a ministerial duty, may not use funds inside or outside

 4-2     the state treasury to pay a person who has been reported to the

 4-3     comptroller under Section 57.48 as in default on a loan guaranteed

 4-4     under this chapter.

 4-5           (b)  A state agency may pay the assignee of a person who has

 4-6     been reported under Section 57.48(a) only if the assignment became

 4-7     effective before the person defaulted.

 4-8           (c)  This section does not prohibit a state agency from

 4-9     paying a person who has been reported under Section 57.48(a) or the

4-10     person's assignee if the corporation subsequently reports to the

4-11     comptroller that:

4-12                 (1)  the person is in compliance with an installment

4-13     payment or similar agreement between the corporation and that

4-14     person for elimination of the default;

4-15                 (2)  the default is in the process of being eliminated

4-16     through deduction of amounts from the person's compensation under

4-17     the garnishment provisions of 20 U.S.C. Section 1095a;

4-18                 (3)  the default has been eliminated; or

4-19                 (4)  the report of default was erroneous.

4-20           (d)  The comptroller may not reimburse a state agency for a

4-21     payment that the comptroller determines was made in violation of

4-22     this section.

4-23           (e)  In this section, "state agency" means a board,

4-24     commission, council, committee, department, office, agency, or

4-25     other governmental entity in the executive, legislative, or

4-26     judicial branch of state government.  The term includes an

4-27     institution of higher education as defined by Section 61.003, other

 5-1     than a public junior or community college.

 5-2           SECTION 3.  Sections 231.007(a), (h), and (i), Family Code,

 5-3     are amended to read as follows:

 5-4           (a)  A person obligated to pay child support in a case in

 5-5     which the Title IV-D agency is providing services under this

 5-6     chapter who does not pay the required child support is in debt to

 5-7     the state for the purposes of Sections [Section] 403.055 and

 5-8     2107.008, Government Code, if the Title IV-D agency has reported

 5-9     the person to the  comptroller under Section 403.055, Government

5-10     Code.

5-11           (h)  [Notwithstanding Sections 403.055(c) and (e)(4),

5-12     Government Code, the comptroller may not issue a warrant to a state

5-13     officer or employee who is in debt to the state as provided by this

5-14     section.]

5-15           [(i)]  In this section, "compensation" has the meaning

5-16     assigned by Section 403.055(i) [403.055(f)(1)], Government Code,

5-17     and includes the payment of workers' compensation benefits.

5-18           SECTION 4.  Section 403.055, Government Code, is amended to

5-19     read as follows:

5-20           Sec. 403.055. PAYMENTS [ISSUANCE] TO DEBTORS OR DELINQUENTS

5-21     PROHIBITED.  (a) Except as provided by Subsection (d), the [The]

5-22     comptroller, as a ministerial duty, may not issue a warrant or

5-23     initiate an electronic funds transfer to a person who has been

5-24     reported under Subsection (e) [if the person is indebted or owes

5-25     delinquent taxes to the state, or owes delinquent taxes under a tax

5-26     that the comptroller administers or collects, until the debt or

5-27     taxes are paid].

 6-1           (b)  The comptroller may issue a warrant or initiate an

 6-2     electronic funds transfer to the assignee of a person who has been

 6-3     reported under  Subsection (e) [is indebted or owes delinquent

 6-4     taxes to the state] only if the assignment became effective before

 6-5     the person became indebted to the state or delinquent in the

 6-6     payment of taxes [to the state].

 6-7           (c)  Subsection (a) applies to [This section does not

 6-8     prohibit the comptroller from issuing] a warrant that would be

 6-9     issued or an  electronic funds transfer that would be initiated to

6-10     pay the compensation of a state officer or employee unless a

6-11     deduction from that  compensation is made under Chapter 666 toward

6-12     paying or eliminating the debt or delinquency.

6-13           (d)  This [When this] section does not prohibit  [prohibits]

6-14     the comptroller from issuing a warrant or initiating[, the

6-15     comptroller is also prohibited from using] an electronic funds

6-16     transfer to a person who has been reported under Subsection (e) or

6-17     to the person's assignee if the state agency responsible for

6-18     collecting the  person's debt or delinquency subsequently reports

6-19     to the comptroller that:

6-20                 (1)  the person is in compliance with an installment

6-21     payment or similar agreement between the agency and that person for

6-22     payment or elimination of the debt or delinquency;

6-23                 (2)  the person's debt or delinquency has been paid or

6-24     otherwise eliminated; or

6-25                 (3)  the report of indebtedness or tax delinquency was

6-26     erroneous [system].

6-27           (e)  Except as provided by Subsection (f), each state agency

 7-1     shall report to the comptroller the information required by the

 7-2     comptroller concerning each person who is indebted to the state or

 7-3     who has a tax delinquency.  The information must be reported in the

 7-4     manner and with the frequency required by the comptroller [(1) This

 7-5     subsection applies when a payment is made to a person other than

 7-6     through the comptroller's issuance of a warrant or the

 7-7     comptroller's use of an electronic funds transfer system.]

 7-8                 [(2)  A state agency may not use funds inside or

 7-9     outside the state treasury to pay a person if the person is

7-10     indebted or owes delinquent taxes to the state or owes delinquent

7-11     taxes under a tax that the comptroller administers or collects

7-12     until the debt or taxes are paid.]

7-13                 [(3)  This subsection does not prohibit a state agency

7-14     from paying the assignee of a person who is indebted or owes

7-15     delinquent taxes to the state if the assignment became effective

7-16     before the person became indebted to the state or delinquent in the

7-17     payment of taxes to the state.]

7-18                 [(4)  This subsection does not prohibit a state agency

7-19     from paying the compensation of a state officer or employee.]

7-20                 [(5)  The comptroller may not reimburse a state agency

7-21     for a payment that is made in violation of this subsection].

7-22           (f)  A state agency may not report a person under Subsection

7-23     (e) before the agency has provided the person the opportunity to

7-24     exercise any due process or other constitutional or statutory

7-25     protections that must be accommodated before the agency or the

7-26     state may initiate collection actions or procedures.  The

7-27     comptroller may not investigate or determine whether a state agency

 8-1     has complied with this prohibition.

 8-2           (g)  This section does not apply:

 8-3                 (1)  to the extent Section 57.48, Education Code, or

 8-4     Section 481.0841 applies; or

 8-5                 (2)  to the extent necessary to avoid conflict with

 8-6     Section 231.007, Family Code.

 8-7           (h)  The comptroller may adopt rules and establish procedures

 8-8     to administer this section.

 8-9           (i)  In this section:

8-10                 (1)  "Compensation" includes wages, salaries, longevity

8-11     pay, hazardous duty pay, benefit replacement pay, and emoluments

8-12     that are provided in lieu of wages or salaries.  The term does not

8-13     include expense reimbursements.

8-14                 (2)  "State agency" means a board, commission, council,

8-15     committee, department, office, agency, or other governmental entity

8-16     in the executive, legislative, or judicial branch of state

8-17     government.  The term includes an institution of higher education

8-18     as defined by Section 61.003, Education Code, other than a public

8-19     junior or community college.

8-20                 (3)  "Tax delinquency" means a delinquency in payment

8-21     of:

8-22                       (A)  a tax to the state; or

8-23                       (B)  a tax that the comptroller administers or

8-24     collects ["State officer or employee" means an officer or employee

8-25     of a state agency].

8-26           [(g)  If a person owes delinquent taxes under a tax that the

8-27     comptroller administers or collects, the comptroller may subtract

 9-1     the delinquent amount from the total amount due the person from the

 9-2     state, except from amounts due that are deemed to be current wages,

 9-3     and issue a warrant for the difference.  The delinquent person is

 9-4     entitled to written notice of at least 20 days before the date of

 9-5     the offset.  The notice must conform to the notice requirements

 9-6     under Sections 111.018(b)(1) through (3), Tax Code.  The

 9-7     comptroller may promulgate rules for the administration of this

 9-8     section.]

 9-9           SECTION 5.  Subchapter D, Chapter 403, Government Code, is

9-10     amended by adding Sections 403.0551 and 403.0552 to read as

9-11     follows:

9-12           Sec. 403.0551.  OFFSETS OF DEBTS OR DELINQUENCIES.  (a)  The

9-13     comptroller may subtract the amount of a person's indebtedness to

9-14     the state or tax delinquency from an amount the state owes the

9-15     person.  If any amount remains after the subtraction, the

9-16     comptroller shall issue a warrant or initiate an electronic funds

9-17     transfer to the person or the person's assignee for the remaining

9-18     amount.

9-19           (b)  Subsection (a) applies to a person only if:

9-20                 (1)  a state agency has reported the person to the

9-21     comptroller under Section 403.055(e); and

9-22                 (2)  the comptroller is responsible under Section

9-23     404.046, 404.069, or 2103.003 for paying the amount owed by the

9-24     state to the person through the issuance of a warrant or initiation

9-25     of an electronic funds transfer.

9-26           (c)  Before subtracting the amount of a person's indebtedness

9-27     to the state or tax delinquency under Subsection (a), the

 10-1    comptroller shall provide notice to the person.  The notice must:

 10-2                (1)  be given in a manner reasonably calculated to give

 10-3    actual notice to the person;

 10-4                (2)  state the amount of the indebtedness or the amount

 10-5    of the tax, penalties, interest, and costs due, as applicable;

 10-6                (3)  state the name of the indebted or delinquent

 10-7    person; and

 10-8                (4)  inform the person that unless the amount due is

 10-9    paid before the deadline, the comptroller will subtract the amount

10-10    of the indebtedness or delinquency from the amount the state owes

10-11    the person.

10-12          (d)  This section does not authorize or require the

10-13    comptroller to subtract the amount of a person's indebtedness to

10-14    the state or tax delinquency from the amount of compensation the

10-15    state owes the person for services as a state officer or employee.

10-16          (e)  The comptroller may determine the order that a person's

10-17    multiple types of indebtedness to the state or tax delinquencies

10-18    are subtracted from the amount the state owes the person.

10-19          (f)  The comptroller may adopt rules and establish procedures

10-20    to administer this section.

10-21          (g)  In this section:

10-22                (1)  "Compensation" includes wages, salaries, longevity

10-23    pay, hazardous duty pay, benefit replacement pay, and emoluments

10-24    that are provided in lieu of wages or salaries.  The term does not

10-25    include expense reimbursements.

10-26                (2)  "Indebtedness" does not include a student loan

10-27    delinquency that is subject to the garnishment provisions of 20

 11-1    U.S.C. Section 1095a.

 11-2                (3)  "Tax delinquency" means a delinquency in payment

 11-3    of:

 11-4                      (A)  a tax to the state; or

 11-5                      (B)  a tax that the comptroller administers or

 11-6    collects.

 11-7          Sec. 403.0552.  PREPARATION AND RETENTION OF CERTAIN

 11-8    WARRANTS.  (a)  The comptroller may prepare and retain as provided

 11-9    by this section a warrant that Section 57.48, Education Code,

11-10    Section 231.007, Family Code, or Section 403.055 or 481.0841

11-11    prohibits the comptroller from issuing.

11-12          (b)  The comptroller may prepare a warrant to make a payment

11-13    that Section 57.48, Education Code, Section 231.007, Family Code,

11-14    or Section 403.055 or 481.0841 prohibits the comptroller from

11-15    initiating by electronic funds transfer.

11-16          (c)  If the comptroller prepares a warrant under Subsection

11-17    (a) or (b), the comptroller shall:

11-18                (1)  make the warrant payable to the appropriate

11-19    person; and

11-20                (2)  retain the warrant until the earlier of:

11-21                      (A)  the first day the warrant may no longer be

11-22    paid by the comptroller under Section 404.046 or other applicable

11-23    law;

11-24                      (B)  the date the comptroller subtracts the

11-25    amount of the person's indebtedness to the state or tax delinquency

11-26    from the amount of the warrant under Section 403.0551 or other

11-27    applicable law; or

 12-1                      (C)  the first day the comptroller is no longer

 12-2    prohibited from issuing the warrant or initiating an electronic

 12-3    funds transfer to that person.

 12-4          (d)  The comptroller may not cancel or destroy a warrant

 12-5    prepared under Subsection (a) or (b) unless the comptroller

 12-6    receives a request for the cancellation or destruction from the

 12-7    state agency that submitted the voucher requesting issuance of the

 12-8    warrant or electronic funds transfer and:

 12-9                (1)  the agency informs the comptroller that the

12-10    voucher was erroneous or was submitted erroneously;

12-11                (2)  the agency is the only state agency responsible

12-12    for collecting the indebtedness or tax delinquency of the payee of

12-13    the warrant; or

12-14                (3)  all the state agencies that are responsible for

12-15    collecting the indebtedness or tax delinquency of the payee of the

12-16    warrant consent to the cancellation or destruction.

12-17          (e)  For purposes of Subsection (d)(1), a voucher is not

12-18    erroneous and is not submitted erroneously merely because the

12-19    comptroller is prohibited by Section 57.48, Education Code, Section

12-20    231.007, Family Code, or Section 403.055 or 481.0841 from issuing a

12-21    warrant or initiating an electronic funds transfer in accordance

12-22    with the voucher.

12-23          SECTION 6.  Section 481.0841, Government Code, is amended to

12-24    read as follows:

12-25          Sec. 481.0841.  PAYMENTS BY THE COMPTROLLER [NOT TO BE MADE]

12-26    TO DEFAULTING USERS PROHIBITED.  (a)  The department shall report

12-27    to the  comptroller the name of any user who is in default on a

 13-1    loan guaranteed under this subchapter and with respect to which the

 13-2    department has been required to honor a guarantee.

 13-3          (b)  Except as provided by Subsection (d), the [The]

 13-4    comptroller, as a ministerial duty, may not issue a warrant or

 13-5    initiate an  electronic funds transfer to any [the] user who has

 13-6    been reported under Subsection (a) [while the user is in default].

 13-7          (c) [(b)]  The comptroller may issue a warrant or initiate an

 13-8    electronic funds transfer to the assignee of a user who has been

 13-9    reported under Subsection (a) [is in default] only if the

13-10    assignment became effective before the user defaulted.

13-11          (d) [(c)]  This section does not prohibit the comptroller

13-12    from issuing a warrant or initiating an electronic funds transfer

13-13    to a user who has been reported under Subsection (a) or to the

13-14    user's assignee if the department subsequently reports to the

13-15    comptroller that:

13-16                (1)  the user is in compliance with an installment

13-17    payment or similar agreement between the department and the user

13-18    for elimination of the default;

13-19                (2)  the default has been eliminated; or

13-20                (3)  the report of default was erroneous [pay the

13-21    compensation of a state officer or employee].

13-22          [(d)(1)  This subsection applies when a payment is made to a

13-23    user other than through the comptroller's issuance of a warrant or

13-24    the comptroller's use of an electronic funds transfer system.]

13-25                [(2)  A state agency may not use funds inside or

13-26    outside the state treasury to pay a user if the agency knows that

13-27    the user is in default on a loan guaranteed under this subchapter

 14-1    and with respect to which the department has been required to honor

 14-2    a guarantee.]

 14-3                [(3)  This subsection does not prohibit a state agency

 14-4    from paying the assignee of a user who is in default if the

 14-5    assignment became effective before the user defaulted.]

 14-6                [(4)  This subsection does not prohibit a state agency

 14-7    from paying the compensation of a state officer or employee.]

 14-8                [(5)  The comptroller may not reimburse a state agency

 14-9    for a payment that is made in violation of this subsection.]

14-10          (e)  A report by the department to the comptroller under this

14-11    section must contain the information and be submitted in the manner

14-12    and with the frequency required by the comptroller [In this

14-13    section:]

14-14                [(1)  "Compensation" includes wages, salaries,

14-15    longevity pay, hazardous duty pay, and emoluments that are provided

14-16    in lieu of wages or salaries.  The term does not include expense

14-17    reimbursements.]

14-18                [(2)  "State agency" means a board, commission,

14-19    council, committee, department, office, agency, or other

14-20    governmental entity in the executive, legislative, or judicial

14-21    branch of state government.  The term includes an institution of

14-22    higher education as defined by Section 61.003, Education Code.]

14-23                [(3)  "State officer or employee" means an officer or

14-24    employee of a state agency].

14-25          (f)  The department may not report a user under Subsection

14-26    (a) before the department has provided the user the opportunity to

14-27    exercise any due process or other constitutional or statutory

 15-1    protections that must be accommodated before the department may

 15-2    initiate collection actions or procedures.  The comptroller may not

 15-3    investigate or determine whether the department has complied with

 15-4    this prohibition.

 15-5          SECTION 7.  Subchapter F, Chapter 481, Government Code, is

 15-6    amended by adding Section 481.0843 to read as follows:

 15-7          Sec. 481.0843.  PAYMENTS BY STATE AGENCIES TO DEFAULTING

 15-8    USERS PROHIBITED.  (a)  Except as provided by Subsection (c), a

 15-9    state agency, as a ministerial duty, may not use funds inside or

15-10    outside the state treasury to pay a user who has been reported to

15-11    the comptroller under Section 481.0841(a).

15-12          (b)  A state agency may pay the assignee of a person who has

15-13    been reported under Section 481.0841(a) only if the assignment

15-14    became effective before the user defaulted.

15-15          (c)  This section does not prohibit a state agency from

15-16    paying a user who has been reported under Section 481.0841(a) or

15-17    the user's assignee if the department subsequently reports to the

15-18    comptroller that:

15-19                (1)  the user is in compliance with an installment

15-20    payment or similar agreement between the department and that user

15-21    for elimination of the default;

15-22                (2)  the default has been eliminated; or

15-23                (3)  the report of default was erroneous.

15-24          (d)  The comptroller may not reimburse a state agency for a

15-25    payment that the comptroller determines was made in violation of

15-26    this section.

15-27          (e)  In this section, "state agency" means a board,

 16-1    commission, council, committee, department, office, agency, or

 16-2    other governmental entity in the executive, legislative, or

 16-3    judicial branch of state government.  The term includes an

 16-4    institution of higher education as defined by Section 61.003,

 16-5    Education Code, other than a public junior or community college.

 16-6          SECTION 8.  Subtitle B, Title 6, Government Code, is amended

 16-7    by adding Chapter 666 to read as follows:

 16-8            CHAPTER 666.  DEDUCTIONS FOR STATE INDEBTEDNESS AND

 16-9                             TAX DELINQUENCIES

16-10          Sec. 666.001.  DEFINITIONS.  In this chapter:

16-11                (1)  "Compensation" includes wages, salaries, longevity

16-12    pay, hazardous duty pay, benefit replacement pay, and emoluments

16-13    that are provided in lieu of wages or salaries.  The term does not

16-14    include expense reimbursements.

16-15                (2)  "Indebtedness" does not include a student loan

16-16    delinquency that is subject to the garnishment provisions of 20

16-17    U.S.C. Section 1095a.

16-18                (3)  "State agency" means a board, commission, council,

16-19    committee, department, office, agency, or other governmental entity

16-20    in the executive, legislative, or judicial branch of state

16-21    government.  The term includes an institution of higher education

16-22    as defined by Section 61.003, Education Code, other than a public

16-23    junior or community college.

16-24                (4)  "Tax delinquency" means a delinquency in payment

16-25    of:

16-26                      (A)  a tax to the state; or

16-27                      (B)  a tax that the comptroller administers or

 17-1    collects.

 17-2          Sec. 666.002.  MANDATORY DEDUCTION.  (a)  A state agency, as

 17-3    a ministerial duty, shall deduct the amount of a state officer's or

 17-4    employee's indebtedness to the state or tax delinquency from the

 17-5    amount of the officer's or employee's compensation.  This

 17-6    subsection applies only if the agency employs the officer or

 17-7    employee.

 17-8          (b)  A state agency shall make a deduction from the

 17-9    compensation of a state officer or employee under Subsection (a)

17-10    only if:

17-11                (1)  the officer or employee has been reported to the

17-12    agency by another state agency as:

17-13                      (A)  indebted to the state; or

17-14                      (B)  having a tax delinquency; or

17-15                (2)  the officer or employee is indebted to the state

17-16    or has a tax delinquency, and the employing state agency is

17-17    responsible for collecting that indebtedness or delinquency.

17-18          (c)  This chapter does not authorize or require a state

17-19    agency to make or cause to be made a deduction from the

17-20    compensation of a state officer or employee if the state agency

17-21    responsible for collecting the officer's or employee's debt or

17-22    delinquency reports to the employing agency that:

17-23                (1)  the officer or employee is in compliance with an

17-24    installment payment or similar agreement between the collecting

17-25    agency and that officer or employee for payment or elimination of

17-26    the debt or delinquency;

17-27                (2)  the officer's or employee's debt or delinquency

 18-1    has been paid or otherwise eliminated; or

 18-2                (3)  the report of indebtedness or delinquency was

 18-3    erroneous.

 18-4          Sec. 666.003.  REPORTING OF DEBTS AND DELINQUENCIES TO

 18-5    EMPLOYING STATE AGENCIES.  (a)  A state agency may not report a

 18-6    state officer or employee as indebted to the state or having a tax

 18-7    delinquency before the agency has:

 18-8                (1)  reported the officer or employee to the

 18-9    comptroller under Section 403.055(e); and

18-10                (2)  complied with the notice requirements of Section

18-11    666.004.

18-12          (b)  A state agency shall report a state officer or employee

18-13    to the officer's or employee's employing state agency as indebted

18-14    to the state or having a tax delinquency not later than the 30th

18-15    day after the later of:

18-16                (1)  the date the agency reports the officer or

18-17    employee to the comptroller under Section 403.055(e); or

18-18                (2)  the 20th day after the date the agency places the

18-19    notice required by Section 666.004 in the United States mail.

18-20          (c)  This subsection applies if the debt or tax delinquency

18-21    of a state officer or employee is paid or otherwise eliminated.

18-22    The state agency that reported the officer or employee to the

18-23    employing state agency under Subsection (b) shall report the

18-24    payment or elimination of the debt or delinquency to that agency

18-25    not later than the 10th day after the date of the payment or

18-26    elimination.

18-27          (d)  This subsection applies if a state officer or employee

 19-1    complies with an installment payment or similar agreement for

 19-2    payment or elimination of an indebtedness to the state or a tax

 19-3    delinquency.  The state agency that reported the officer or

 19-4    employee to the employing state agency under Subsection (b) shall

 19-5    report the compliance to that agency.  The report must be submitted

 19-6    not later than the 10th day after the date the officer or employee

 19-7    begins compliance with the agreement.  The employing agency shall

 19-8    rely on that report until the reporting agency provides a report of

 19-9    noncompliance under Subsection (e).

19-10          (e)  This subsection applies if a state officer or employee

19-11    does not comply with an installment payment or similar agreement

19-12    for payment or elimination of an indebtedness to the state or a tax

19-13    delinquency. If a state agency reported the officer or employee to

19-14    the employing state agency under Subsection (d), the reporting

19-15    agency shall report the noncompliance to the employing agency.  The

19-16    report must be submitted not later than the 10th day after the date

19-17    the noncompliance with the agreement begins.

19-18          (f)  A report under this section must contain the information

19-19    and be submitted in the manner required by the comptroller.

19-20          Sec. 666.004.  NOTICE.  (a)  A state agency responsible for

19-21    collecting a state officer's or employee's indebtedness to the

19-22    state or tax delinquency shall provide written notice to the

19-23    officer or employee.  The agency must place the notice in the

19-24    United States mail, postage prepaid.

19-25          (b)  A notice provided under Subsection (a) must:

19-26                (1)  state the amount of the indebtedness or the amount

19-27    of the tax, penalties, interest, and costs due, as applicable;

 20-1                (2)  state the name of the indebted or delinquent state

 20-2    officer or employee; and

 20-3                (3)  inform the officer or employee that unless the

 20-4    amount due is paid before the deadline, the amount of the

 20-5    indebtedness or delinquency will be deducted from the officer's or

 20-6    employee's compensation according to this chapter.

 20-7          (c)  A state agency that receives a report under Section

 20-8    666.003(b) may not investigate or determine whether the reporting

 20-9    state agency complied with Subsections (a) and (b) before

20-10    submitting the report.

20-11          Sec. 666.005.  MAXIMUM AMOUNT OF DEDUCTIONS.  The amount of a

20-12    deduction from compensation under this chapter may not exceed the

20-13    lesser of:

20-14                (1)  10 percent of the amount used to calculate the

20-15    amount of federal income tax deducted from that compensation;

20-16                (2)  the maximum amount allowed by federal law; or

20-17                (3)  the amount specified by the state agency that

20-18    reports to the employing state agency under Section 666.003(b).

20-19          Sec. 666.006.  ADMINISTRATION.  The comptroller may adopt

20-20    rules and establish procedures to administer this chapter.

20-21          SECTION 9.  Chapter 2107, Government Code, is amended by

20-22    adding Section 2107.008 to read as follows:

20-23          Sec. 2107.008.  PAYMENTS TO DEBTORS OR DELINQUENTS

20-24    PROHIBITED.  (a)  Except as provided by Subsection (d), a state

20-25    agency, as a ministerial duty, may not use funds inside or outside

20-26    the state treasury to pay a person if:

20-27                (1)  the person has been reported by a state agency to

 21-1    the comptroller under Section 403.055(e); or

 21-2                (2)  the person is indebted to the state or has a tax

 21-3    delinquency, and the agency is responsible for collecting that

 21-4    indebtedness or delinquency.

 21-5          (b)  A state agency may pay the assignee of a person

 21-6    described by Subsection (a) only if the assignment became effective

 21-7    before the person became indebted to the state or delinquent in the

 21-8    payment of taxes.

 21-9          (c)  Subsection (a) applies to the payment of the

21-10    compensation of a state officer or employee unless a deduction from

21-11    that compensation is made under Chapter 666 toward paying or

21-12    eliminating the debt or delinquency.

21-13          (d)  This section does not prohibit a state agency from

21-14    paying a person described by Subsection (a) or the person's

21-15    assignee if:

21-16                (1)  the state agency responsible for collecting the

21-17    person's debt or delinquency subsequently reports to the

21-18    comptroller that:

21-19                      (A)  the person is in compliance with an

21-20    installment payment or similar agreement between the agency and

21-21    that person for payment or elimination of the debt or delinquency;

21-22                      (B)  the person's debt or delinquency has been

21-23    paid or otherwise eliminated; or

21-24                      (C)  the report of indebtedness or tax

21-25    delinquency was erroneous; or

21-26                (2)  the paying state agency determines that the person

21-27    is in compliance with an installment payment or similar agreement

 22-1    between the agency and that person for payment or elimination of

 22-2    the debt or delinquency.

 22-3          (e)  A state agency may not refuse to make a payment under

 22-4    Subsection (a)(2) before the agency has provided the person the

 22-5    opportunity to exercise any due process or other constitutional or

 22-6    statutory protections that must be accommodated before the agency

 22-7    or the state may initiate collection actions or procedures.

 22-8          (f)  The comptroller may not reimburse a state agency for a

 22-9    payment that the comptroller determines was made in violation of

22-10    this section.

22-11          (g)  This section does not apply to the extent that Section

22-12    57.482, Education Code, or Section 481.0843 applies.

22-13          (h)  In this section and notwithstanding Section 2107.001:

22-14                (1)  "Compensation" includes wages, salaries, longevity

22-15    pay, hazardous duty pay, benefit replacement pay, and emoluments

22-16    that are provided in lieu of wages or salaries.  The term does not

22-17    include expense reimbursements.

22-18                (2)  "State agency" means a board, commission, council,

22-19    committee, department, office, agency, or other governmental entity

22-20    in the executive, legislative, or judicial branch of state

22-21    government.  The term includes an institution of higher education

22-22    as defined by Section 61.003, Education Code, other than a public

22-23    junior or community college.

22-24                (3)  "Tax delinquency" means a delinquency in payment

22-25    of:

22-26                      (A)  a tax to the state; or

22-27                      (B)  a tax that the comptroller administers or

 23-1    collects.

 23-2          SECTION 10.  This Act takes effect September 1, 1997.

 23-3          SECTION 11.  An action taken or a proceeding initiated under

 23-4    the law amended by this Act before the effective date of this Act

 23-5    is covered by the law as it existed immediately before the

 23-6    effective date of this Act, and the former law is continued in

 23-7    effect for that purpose.

 23-8          SECTION 12.  The importance of this legislation and the

 23-9    crowded condition of the calendars in both houses create an

23-10    emergency and an imperative public necessity that the

23-11    constitutional rule requiring bills to be read on three several

23-12    days in each house be suspended, and this rule is hereby suspended.