By McCall H.B. No. 3211
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state fiscal matters, including the printing and
1-3 cancellation of certain warrants, consulting services, payroll
1-4 deductions for savings bond purchases, advance payments, the
1-5 collection of debts to the state, the collection of delinquent
1-6 taxes, and the methods used by state agencies to make and receive
1-7 payments.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Section 57.48, Education Code, is amended to read
1-10 as follows:
1-11 Sec. 57.48. PAYMENTS BY THE COMPTROLLER [WARRANTS NOT TO BE
1-12 ISSUED] TO DEFAULTING PERSONS PROHIBITED [PARTIES]. (a) Except as
1-13 provided by Subsection (g), the [The] corporation shall report to
1-14 the comptroller [of public accounts] the name of any person who is
1-15 in default on a loan guaranteed under this chapter. The report
1-16 must contain the information and be submitted in the manner and
1-17 with the frequency required by rules of the comptroller.
1-18 (b) Except as provided by this section, the [The]
1-19 comptroller, as a ministerial duty, [of public accounts] may not
1-20 issue a warrant or initiate an electronic funds transfer to a [any]
1-21 person who has been reported properly under Subsection (a) [by the
1-22 corporation to be in default on a loan guaranteed under this
1-23 chapter].
1-24 (c) The comptroller may not issue a warrant or initiate an
2-1 electronic funds transfer to the assignee of a person who has been
2-2 reported properly under Subsection (a) [is in default only] if the
2-3 assignment became effective after [before] the person defaulted.
2-4 (d) If this section prohibits the comptroller from issuing a
2-5 warrant or initiating an electronic funds transfer to a person, the
2-6 comptroller may not issue a warrant or initiate an electronic funds
2-7 transfer to:
2-8 (1) the person's estate;
2-9 (2) the distributees of the person's estate; or
2-10 (3) the person's surviving spouse.
2-11 (e) This [(d) When this] section does not prohibit
2-12 [prohibits] the comptroller from issuing a warrant or initiating an
2-13 electronic funds transfer to a person reported properly under
2-14 Subsection (a) or to the assignee of the person if the corporation
2-15 subsequently and properly reports to [,] the comptroller that:
2-16 (1) the person is complying with an installment
2-17 payment agreement or similar agreement to eliminate the default,
2-18 unless the corporation subsequently and properly reports to the
2-19 comptroller that the person no longer is complying with the
2-20 agreement;
2-21 (2) the default is being eliminated by deductions of
2-22 money from the person's compensation under the garnishment
2-23 provisions of 20 U.S.C. Section 1095a, unless the corporation
2-24 subsequently and properly reports to the comptroller that the
2-25 default is no longer being eliminated by the deductions;
2-26 (3) the default has been eliminated; or
2-27 (4) the report of default was prohibited by Subsection
3-1 (g) or was otherwise erroneous [is also prohibited from using an
3-2 electronic funds transfer system to pay the person].
3-3 (f) [(e)] This section does not prohibit the comptroller
3-4 from issuing a warrant or initiating an electronic funds transfer
3-5 to pay [the compensation of]:
3-6 (1) the compensation of a state officer or employee;
3-7 or
3-8 (2) the remuneration of an individual if the
3-9 remuneration [whose compensation] is being paid by a private person
3-10 through a state agency.
3-11 (g) The corporation may not report a person under Subsection
3-12 (a) unless the corporation first provides the person with an
3-13 opportunity to exercise any due process or other constitutional or
3-14 statutory protection that must be accommodated before the
3-15 corporation may begin a collection action or procedure. The
3-16 comptroller may not investigate or determine whether the
3-17 corporation has complied with this prohibition [(f)(1) This
3-18 subsection applies when a payment is made to a person other than
3-19 through the comptroller's issuance of a warrant or the
3-20 comptroller's use of an electronic funds transfer system.]
3-21 [(2) A state agency may not use funds inside or
3-22 outside the state treasury to pay a person if the person is in
3-23 default on a loan guaranteed under this chapter.]
3-24 [(3) This subsection does not prohibit a state agency
3-25 from paying the assignee of a person who is in default on a loan
3-26 guaranteed under this chapter if the assignment became effective
3-27 before the person defaulted.]
4-1 [(4) This subsection does not prohibit a state agency
4-2 from paying the compensation of:]
4-3 [(A) a state officer or employee; or]
4-4 [(B) an individual whose compensation is being
4-5 paid by a private person through the agency.]
4-6 [(5) The comptroller may not reimburse a state agency
4-7 for a payment that is made in violation of this subsection].
4-8 (h) This section does not prohibit the comptroller from
4-9 issuing a warrant or initiating an electronic funds transfer if:
4-10 (1) the warrant or transfer would result in a payment
4-11 being made in whole or in part with money paid to the state by the
4-12 United States; and
4-13 (2) the state agency that administers the money
4-14 certifies to the comptroller that federal law:
4-15 (A) requires the payment to be made; or
4-16 (B) conditions the state's receipt of the money
4-17 on the payment being made.
4-18 (i) The comptroller may adopt rules and establish procedures
4-19 to administer this section.
4-20 (j) [(g)] In this section:
4-21 (1) "Compensation" means base salary or [includes]
4-22 wages, [salaries,] longevity pay, hazardous duty pay, benefit
4-23 replacement pay, or an emolument [and emoluments that are] provided
4-24 in lieu of base salary or wages [or salaries]. [The term does not
4-25 include expense reimbursements.]
4-26 (2) "State agency" means a board, commission, council,
4-27 committee, department, office, agency, or other governmental entity
5-1 in the executive, legislative, or judicial branch of state
5-2 government. The term includes an institution of higher education
5-3 as defined by Section 61.003, other than a public junior or
5-4 community college [Education Code].
5-5 (3) "State officer or employee" means an officer or
5-6 employee of a state agency.
5-7 SECTION 2. Subchapter C, Chapter 57, Education Code, is
5-8 amended by adding Section 57.482 to read as follows:
5-9 Sec. 57.482. PAYMENTS BY A STATE AGENCY TO DEFAULTING
5-10 PERSONS PROHIBITED. (a) A state agency, as a ministerial duty,
5-11 may not use funds inside or outside the state treasury to pay a
5-12 person or the person's assignee if Section 57.48 prohibits the
5-13 comptroller from issuing a warrant or initiating an electronic
5-14 funds transfer to the person or assignee.
5-15 (b) A state agency that is prohibited by Subsection (a) from
5-16 making a payment to a person also is prohibited from paying any
5-17 part of that payment to:
5-18 (1) the person's estate;
5-19 (2) the distributees of the person's estate; or
5-20 (3) the person's surviving spouse.
5-21 (c) The comptroller may not reimburse a state agency for a
5-22 payment that the comptroller determines was made in violation of
5-23 this section.
5-24 (d) This section applies to a payment only if the
5-25 comptroller is not responsible under Section 404.046, 404.069, or
5-26 2103.003, Government Code, for issuing a warrant or initiating an
5-27 electronic funds transfer to make the payment.
6-1 (e) In this section, "state agency" has the meaning assigned
6-2 by Section 57.48.
6-3 SECTION 3. Section 62.021(a), Education Code, is amended to
6-4 read as follows:
6-5 (a) Each fiscal year, an eligible institution is entitled to
6-6 receive an amount allocated in accordance with this section from
6-7 funds appropriated by Section 17(a), Article VII, Texas [Section
6-8 17(a), of the] Constitution [of Texas]. The comptroller [of public
6-9 accounts] shall distribute funds allocated under this subsection
6-10 only on presentation of a claim and issuance of a warrant in
6-11 accordance with Section 403.071, Government Code. The comptroller
6-12 may not issue a warrant from any funds allocated under this
6-13 subsection before the delivery of goods or services described in
6-14 Section 17, Article VII, Texas Constitution, except for the payment
6-15 of principal or interest on bonds or notes or for a payment for a
6-16 book or other published library material as authorized by Section
6-17 2155.386, Government Code. The allocation of funds under this
6-18 subsection is made in accordance with an equitable formula
6-19 consisting of the following elements: space deficit, facilities
6-20 condition, institutional complexity, separate allocations for
6-21 medical units and the Texas State Technical College System, and an
6-22 additional allocation for Texas Southern University for compliance
6-23 with the Texas Desegregation Plan. The amounts allocated by the
6-24 formula are as follows:
6-25 $ 5,572,558 East Texas State University including East Texas
6-26 State University at Texarkana;
6-27 $ 9,468,548 Lamar University including Lamar University at
7-1 Orange and Lamar University at Port Arthur;
7-2 $ 2,862,203 Midwestern State University;
7-3 $20,217,740 University of North Texas;
7-4 $10,174,500 The University of Texas--Pan American and The
7-5 University of Texas at Brownsville;
7-6 $ 6,468,273 Stephen F. Austin State University;
7-7 $ 3,640,000 University of North Texas Health Science Center at
7-8 Fort Worth;
7-9 $23,181,556 Texas State University System Administration and the
7-10 following component institutions: Angelo State
7-11 University; Sam Houston State University; Southwest
7-12 Texas State University; Sul Ross State University
7-13 including Uvalde Center;
7-14 $ 8,199,288 Texas Southern University (includes allocation of
7-15 $1,000,000 for compliance with Texas Desegregation
7-16 Plan);
7-17 $16,887,085 Texas Tech University;
7-18 $ 7,735,000 Texas Tech University Health Sciences Center;
7-19 $ 6,849,160 Texas Woman's University;
7-20 $37,726,969 University of Houston System Administration and the
7-21 following component institutions: University of
7-22 Houston; University of Houston--Victoria; University
7-23 of Houston--Clear Lake; University of
7-24 Houston--Downtown;
7-25 $12,167,120 Texas A & M University--Corpus Christi; Texas A & M
7-26 International University; Texas A & M
7-27 University--Kingsville; West Texas A & M University;
8-1 and
8-2 $ 3,850,000 Texas State Technical College System Administration
8-3 and the following component campuses, but not its
8-4 extension centers or programs: Texas State Technical
8-5 College-Amarillo; Texas State Technical
8-6 College-Harlingen; Texas State Technical
8-7 College-Sweetwater; Texas State Technical
8-8 College--Waco.
8-9 SECTION 4. Section 231.007, Family Code, is amended to read
8-10 as follows:
8-11 Sec. 231.007. DEBTS TO STATE. (a) A person obligated to
8-12 pay child support in a case in which the Title IV-D agency is
8-13 providing services under this chapter who does not pay the required
8-14 [child] support is indebted [in debt] to the state for the purposes
8-15 of Section 403.055, Government Code, if the Title IV-D agency has
8-16 reported the person to the comptroller under that section properly.
8-17 (b) The amount of a person's indebtedness [debt of a person
8-18 in debt] to the state under [as provided by] Subsection (a) is
8-19 equal to the sum of:
8-20 (1) the amount of the required child support that has
8-21 [is past due and] not been paid; and
8-22 (2) any interest, fees, court costs, or other amounts
8-23 owed by the person because the person has not paid [as a result of
8-24 the person's failure to pay] the [child] support.
8-25 (c) The Title IV-D agency is the sole [an] assignee of all
8-26 payments, including payments of compensation, by the state to a
8-27 person indebted [in debt] to the state under Subsection (a) [as
9-1 provided by this section. The assignment takes effect before the
9-2 date the person's debt to the state arose].
9-3 (d) On request of the Title IV-D agency:
9-4 (1) the comptroller shall make payable and deliver to
9-5 the agency any payments for which the agency is the assignee under
9-6 Subsection (c), if the comptroller is responsible for issuing
9-7 warrants or initiating electronic funds transfers to make those
9-8 payments; and
9-9 (2) a state agency shall make payable and deliver to
9-10 the Title IV-D agency any payments for which the Title IV-D agency
9-11 is the assignee under Subsection (c) if the comptroller is not
9-12 responsible for issuing warrants or initiating electronic funds
9-13 transfers to make those payments.
9-14 (e) [(d)] A person indebted [in debt] to the state under
9-15 Subsection (a) [as provided by this section] may eliminate the
9-16 [person's] debt by:
9-17 (1) paying the entire amount of the debt; or
9-18 (2) resolving the debt in a manner acceptable to the
9-19 Title IV-D agency.
9-20 (f) [(e)] The comptroller or a state agency may rely on a
9-21 representation by the Title IV-D agency that:
9-22 (1) a person is indebted [in debt] to the state under
9-23 Subsection (a) [as provided by this section]; or
9-24 (2) a person who was indebted [in debt] to the state
9-25 under Subsection (a) has eliminated the [person's] debt [as
9-26 provided by this section].
9-27 (g) Except as provided by Subsection (h) [(f) In this
10-1 section], the payment of workers' compensation benefits to a person
10-2 indebted [in debt] to the state under Subsection (a) is the same
10-3 for the purposes of this section as any other payment made to the
10-4 person by the state. Notwithstanding Section 408.203, Labor Code,
10-5 an order or writ to withhold income from workers' compensation
10-6 benefits is not required before the benefits are withheld or
10-7 assigned under this section.
10-8 (h) [(g)] The amount of weekly workers' compensation
10-9 benefits that may be withheld or assigned under this section may
10-10 not exceed the percentage of the person's benefits that would apply
10-11 if the benefits equalled the person's monthly net resources as
10-12 provided by Chapter 154, except that in no event may more than 50
10-13 percent of the person's weekly compensation benefits be withheld or
10-14 assigned. The comptroller or a state agency may rely on a
10-15 representation by the Title IV-D agency that a withholding or
10-16 assignment under this section would not violate this subsection.
10-17 (i) [(h)] Notwithstanding Section 403.055 [Sections
10-18 403.055(c) and (e)(4)], Government Code, the comptroller may not
10-19 issue a warrant or initiate an electronic funds transfer to pay:
10-20 (1) the compensation of a state officer or employee
10-21 who is indebted [in debt] to the state under Subsection (a); or
10-22 (2) the remuneration of an individual who is being
10-23 paid by a private person through a state agency, if the individual
10-24 is indebted to the state under Subsection (a) [as provided by this
10-25 section].
10-26 (j) Notwithstanding Section 2107.008, Government Code, a
10-27 state agency may not pay:
11-1 (1) compensation to a state officer or employee who is
11-2 indebted to the state under Subsection (a); or
11-3 (2) remuneration to an individual who is being paid by
11-4 a private person through the agency if the individual is indebted
11-5 to the state under Subsection (a).
11-6 (k) [(i)] In this section, "compensation," "state agency,"
11-7 and "state officer or employee" have ["compensation" has] the
11-8 meanings [meaning] assigned by Section 403.055[(f)(1)], Government
11-9 Code[, and includes the payment of workers' compensation benefits].
11-10 SECTION 5. Section 403.011, Government Code, is amended to
11-11 read as follows:
11-12 Sec. 403.011. GENERAL POWERS. The comptroller shall:
11-13 (1) obtain a seal with "Comptroller's Office, State of
11-14 Texas" engraved around the margin and a five-pointed star in the
11-15 center, to be used as the seal of the office to authenticate
11-16 official acts, except warrants drawn on the state treasury;
11-17 (2) adopt regulations the comptroller considers
11-18 essential to the speedy and proper assessment and collection of
11-19 state revenues;
11-20 (3) supervise, as the sole accounting officer of the
11-21 state, the state's fiscal concerns and manage those concerns as
11-22 required by law;
11-23 (4) require all accounts presented to the comptroller
11-24 for settlement not otherwise provided for by law to be made on
11-25 forms that the comptroller prescribes;
11-26 (5) prescribe and furnish the form or electronic
11-27 format to be used in the collection of public revenue;
12-1 (6) prescribe the mode and manner of keeping and
12-2 stating of accounts of persons collecting state revenue;
12-3 (7) prescribe forms or electronic formats of the same
12-4 class, kind, and purpose so that they are uniform in size,
12-5 arrangement, matter, and form;
12-6 (8) require each person receiving money or managing or
12-7 having disposition of state property of which an account is kept in
12-8 the comptroller's office periodically to render statements of the
12-9 money or property to the comptroller;
12-10 (9) require each person who has received and not
12-11 accounted for state money to settle the person's account;
12-12 (10) keep and settle all accounts in which the state
12-13 is interested;
12-14 (11) examine and settle the account of each person
12-15 indebted to the state, verify the amount or balance, and direct and
12-16 supervise the collection of the money;
12-17 (12) audit claims against the state the payment of
12-18 which is provided for by law, unless the audit is otherwise
12-19 specially provided for;
12-20 (13) determine the method for auditing claims against
12-21 the state in a cost-effective manner, including [but not limited
12-22 to] the use of stratified and statistical sampling techniques in
12-23 conjunction with automated edits;
12-24 (14) maintain the necessary records and data for each
12-25 approved claim against the state so that an adequate audit can be
12-26 performed and the comptroller can submit a report to each house of
12-27 the legislature, upon request, stating the name and amount of each
13-1 approved claim;
13-2 (15) keep and state each account between the state and
13-3 the United States;
13-4 (16) keep journals through which all entries are made
13-5 in the ledger;
13-6 (17) draw warrants on the treasury for payment of all
13-7 money required by law to be paid from the treasury on warrants
13-8 drawn by the comptroller;
13-9 (18) suggest plans for the improvement and management
13-10 of the general revenue; and
13-11 (19) preserve the books, records, papers, and other
13-12 property of the comptroller's office and deliver them in good
13-13 condition to the successor to that office.
13-14 SECTION 6. Section 403.023, Government Code, is amended to
13-15 read as follows:
13-16 Sec. 403.023. CREDIT, CHARGE, AND DEBIT CARDS. (a) The
13-17 comptroller may adopt rules relating to the acceptance of credit,
13-18 charge, and debit cards for the payment of fees, taxes, and other
13-19 charges assessed by state agencies. The rules may:
13-20 (1) authorize a state agency to accept credit, charge,
13-21 or debit cards for a payment if the comptroller determines the best
13-22 interests of the state would be promoted;
13-23 (2) authorize or require a person that uses a credit,
13-24 charge, or debit card [user] to pay a processing fee to the state
13-25 agency that accepts the [credit] card for a payment; and
13-26 (3) authorize a particular state agency to accept
13-27 credit, charge, or debit cards for a payment without providing the
14-1 same authorization to other state agencies.
14-2 (b) The comptroller may adopt rules relating to the use of
14-3 credit or charge cards by state agencies to pay for purchases. The
14-4 rules may:
14-5 (1) authorize a state agency to use credit or charge
14-6 cards if the comptroller determines the best interests of the state
14-7 would be promoted;
14-8 (2) authorize a state agency to use credit or charge
14-9 cards to pay for purchases without providing the same authorization
14-10 to other state agencies;
14-11 (3) authorize a state agency to use credit or charge
14-12 cards to pay for purchases that otherwise may be paid out of the
14-13 agency's petty cash accounts under Subchapter K; and
14-14 (4) authorize the General Services Commission to
14-15 contract with one or more credit or charge card issuers on behalf
14-16 of state agencies.
14-17 (c) The comptroller may not adopt rules about a particular
14-18 state agency's acceptance of credit or charge cards for a payment
14-19 if the rules [that] would affect a contract that the [state] agency
14-20 has entered into that is in effect on September 1, 1993. The
14-21 comptroller may not adopt rules about a particular state agency's
14-22 acceptance of charge or debit cards for a payment if the rules
14-23 would affect a contract that the agency has entered into that is in
14-24 effect on September 1, 1999.
14-25 (d) The comptroller may not adopt rules about a particular
14-26 state agency's acceptance or use of credit, charge, or debit cards
14-27 if another law specifically authorizes, requires, prohibits, or
15-1 otherwise regulates the acceptance or use.
15-2 (e) In this section, "state agency" means:
15-3 (1) a board, commission, department, or other agency
15-4 in the executive branch of state government that is created by the
15-5 constitution or a statute of this state, including an institution
15-6 of higher education as defined by Section 61.003, Education Code,
15-7 other than a public junior college;
15-8 (2) the legislature or a legislative agency; or
15-9 (3) the supreme court, the court of criminal appeals,
15-10 a court of appeals, or a state judicial agency.
15-11 SECTION 7. Subchapter B, Chapter 403, Government Code, is
15-12 amended by adding Section 403.0271 to read as follows:
15-13 Sec. 403.0271. AUTHORIZATIONS TO DEBIT STATE ACCOUNTS. (a)
15-14 The comptroller may authorize a person to debit a state account in
15-15 or outside of the state treasury for the purpose of receiving
15-16 payment for goods or services provided to a state agency.
15-17 (b) The comptroller may:
15-18 (1) authorize certain persons to debit an account
15-19 without authorizing others to do so;
15-20 (2) authorize a debit for goods or services provided
15-21 to certain state agencies without authorizing a debit for goods or
15-22 services provided to other state agencies;
15-23 (3) authorize a debit for certain types of goods or
15-24 services without authorizing a debit for other types of goods or
15-25 services; and
15-26 (4) otherwise limit the circumstances under which a
15-27 debit is permitted.
16-1 (c) Each state agency whose funds are paid through debits
16-2 authorized under Subsection (a) shall:
16-3 (1) reconcile the debits with the actual amount due
16-4 for goods or services provided; and
16-5 (2) recover any amount debited that exceeds the amount
16-6 due.
16-7 (d) The comptroller by rule shall specify the frequency with
16-8 which a reconciliation under Subsection (c)(1) must be conducted by
16-9 a state agency. The comptroller by rule may require the agency to
16-10 submit the reconciliation to the comptroller for review and
16-11 approval. The comptroller may audit the agency to ensure the
16-12 accuracy of the reconciliation.
16-13 (e) The comptroller may adopt rules and establish procedures
16-14 to administer this section.
16-15 (f) In this section, "state agency" means:
16-16 (1) a board, commission, department, or other agency
16-17 in the executive branch of state government that is created by the
16-18 constitution or a statute of this state, including an institution
16-19 of higher education as defined by Section 61.003, Education Code,
16-20 other than a public junior or community college;
16-21 (2) the legislature or a legislative agency; or
16-22 (3) the supreme court, the court of criminal appeals,
16-23 a court of appeals, or a state judicial agency.
16-24 SECTION 8. Section 403.055, Government Code, is amended to
16-25 read as follows:
16-26 Sec. 403.055. PAYMENTS [ISSUANCE] TO DEBTORS OR DELINQUENTS
16-27 PROHIBITED. (a) Except as provided by this section, the [The]
17-1 comptroller, as a ministerial duty, may not issue a warrant or
17-2 initiate an electronic funds transfer to a person who has been
17-3 reported properly under Subsection (f) [if the person is indebted
17-4 or owes delinquent taxes to the state, or owes delinquent taxes
17-5 under a tax that the comptroller administers or collects, until the
17-6 debt or taxes are paid].
17-7 (b) The comptroller may not issue a warrant or initiate an
17-8 electronic funds transfer to the assignee of a person who has been
17-9 reported properly under Subsection (f) [is indebted or owes
17-10 delinquent taxes to the state only] if the assignment became
17-11 effective after [before] the person became indebted to the state or
17-12 incurred a tax delinquency [delinquent in the payment of taxes to
17-13 the state].
17-14 (c) When this section prohibits the comptroller from issuing
17-15 a warrant or initiating an electronic funds transfer to a person,
17-16 the comptroller may not issue a warrant or initiate an electronic
17-17 funds transfer to:
17-18 (1) the person's estate;
17-19 (2) the distributees of the person's estate; or
17-20 (3) the person's surviving spouse.
17-21 (d) [(c)] This section does not prohibit the comptroller
17-22 from issuing a warrant or initiating an electronic funds transfer
17-23 to pay [the compensation of]:
17-24 (1) the compensation of a state officer or employee;
17-25 or
17-26 (2) the remuneration of an individual if the
17-27 remuneration [whose compensation] is being paid by a private person
18-1 through a state agency.
18-2 (e) This [(d) When this] section does not prohibit
18-3 [prohibits] the comptroller from issuing a warrant or initiating [,
18-4 the comptroller is also prohibited from using] an electronic funds
18-5 transfer to a person reported properly under Subsection (f) or to
18-6 the person's assignee if the state agency responsible for
18-7 collecting the person's debt or tax delinquency subsequently and
18-8 properly reports to the comptroller that:
18-9 (1) the person is complying with an installment
18-10 payment agreement or similar agreement to pay or eliminate the debt
18-11 or delinquency, unless the agency subsequently and properly reports
18-12 to the comptroller that the person no longer is complying with the
18-13 agreement;
18-14 (2) the person's debt or delinquency has been paid or
18-15 otherwise eliminated; or
18-16 (3) the report of indebtedness or delinquency was
18-17 prohibited by Subsection (g) or was otherwise erroneous [system].
18-18 (f) Except as provided by Subsection (g), a state agency
18-19 shall report to the comptroller each person who is indebted to the
18-20 state or has a tax delinquency. The report must contain the
18-21 information and be submitted in the manner and with the frequency
18-22 required by the comptroller.
18-23 (g) A state agency may not report a person under Subsection
18-24 (f) unless the agency first provides the person with an opportunity
18-25 to exercise any due process or other constitutional or statutory
18-26 protection that must be accommodated before the agency or the state
18-27 may begin a collection action or procedure. The comptroller may
19-1 not investigate or determine whether a state agency has complied
19-2 with this prohibition.
19-3 (h) This section does not apply:
19-4 (1) to the extent Section 57.48, Education Code,
19-5 applies; or
19-6 (2) to the extent this section conflicts with Section
19-7 231.007, Family Code.
19-8 (i) This section does not prohibit the comptroller from
19-9 issuing a warrant or initiating an electronic funds transfer if:
19-10 (1) the warrant or transfer would result in a payment
19-11 being made in whole or in part with money paid to the state by the
19-12 United States; and
19-13 (2) the state agency that administers the money
19-14 certifies to the comptroller that federal law:
19-15 (A) requires the payment to be made; or
19-16 (B) conditions the state's receipt of the money
19-17 on the payment being made.
19-18 (j) The comptroller may adopt rules and establish procedures
19-19 to administer this section.
19-20 (k) [(e)(1) This subsection applies when a payment is made
19-21 to a person other than through the comptroller's issuance of a
19-22 warrant or the comptroller's use of an electronic funds transfer
19-23 system.]
19-24 [(2) A state agency may not use funds inside or
19-25 outside the state treasury to pay a person if the person is
19-26 indebted or owes delinquent taxes to the state or owes delinquent
19-27 taxes under a tax that the comptroller administers or collects
20-1 until the debt or taxes are paid.]
20-2 [(3) This subsection does not prohibit a state agency
20-3 from paying the assignee of a person who is indebted or owes
20-4 delinquent taxes to the state if the assignment became effective
20-5 before the person became indebted to the state or delinquent in the
20-6 payment of taxes to the state.]
20-7 [(4) This subsection does not prohibit a state agency
20-8 from paying the compensation of:]
20-9 [(A) a state officer or employee; or]
20-10 [(B) an individual whose compensation is being
20-11 paid by a private person through the agency.]
20-12 [(5) The comptroller may not reimburse a state agency
20-13 for a payment that is made in violation of this subsection.]
20-14 [(f)] In this section:
20-15 (1) "Compensation" means base salary or [includes]
20-16 wages, [salaries,] longevity pay, hazardous duty pay, benefit
20-17 replacement pay, or an emolument [and emoluments that are] provided
20-18 in lieu of base salary or wages [or salaries]. [The term does not
20-19 include expense reimbursements.]
20-20 (2) "State agency" means a board, commission, council,
20-21 committee, department, office, agency, or other governmental entity
20-22 in the executive, legislative, or judicial branch of state
20-23 government. The term includes an institution of higher education
20-24 as defined by Section 61.003, Education Code, other than a public
20-25 junior or community college.
20-26 (3) "State officer or employee" means an officer or
20-27 employee of a state agency.
21-1 (4) "Tax delinquency" means a delinquency in payment
21-2 of:
21-3 (A) a tax to the state; or
21-4 (B) a tax that the comptroller administers or
21-5 collects.
21-6 [(g) If a person owes delinquent taxes under a tax that the
21-7 comptroller administers or collects, the comptroller may subtract
21-8 the delinquent amount from the total amount due the person from the
21-9 state, except from amounts due that are deemed to be current wages,
21-10 and issue a warrant for the difference. The delinquent person is
21-11 entitled to written notice of at least 20 days before the date of
21-12 the offset. The notice must conform to the notice requirements
21-13 under Sections 111.018(b)(1) through (3), Tax Code. The
21-14 comptroller may promulgate rules for the administration of this
21-15 section.]
21-16 SECTION 9. Subchapter D, Chapter 403, Government Code, is
21-17 amended by adding Section 403.0551 to read as follows:
21-18 Sec. 403.0551. DEDUCTIONS FOR REPAYMENT OF CERTAIN DEBTS OR
21-19 TAX DELINQUENCIES. (a) Except as provided by Subsections (b) and
21-20 (d), the comptroller may deduct the amount of a person's
21-21 indebtedness to the state or tax delinquency from any amount the
21-22 state owes the person or the person's successor. The comptroller
21-23 shall issue a warrant or initiate an electronic funds transfer to
21-24 the person or successor for any remaining amount.
21-25 (b) Subsection (a) applies to a person or the person's
21-26 successor only if:
21-27 (1) the comptroller has provided notice to the person
22-1 or successor that complies with Subsection (c);
22-2 (2) Section 57.48, Education Code, or Section 403.055
22-3 prohibits the comptroller from issuing a warrant or initiating an
22-4 electronic funds transfer to the person or successor; and
22-5 (3) the comptroller is responsible under Section
22-6 404.046, 404.069, or 2103.003 for paying the amount owed by the
22-7 state to the person or successor through the issuance of a warrant
22-8 or initiation of an electronic funds transfer.
22-9 (c) The comptroller shall provide notice to a person or the
22-10 person's successor before deducting the amount of the person's
22-11 indebtedness to the state or tax delinquency under Subsection (a).
22-12 The notice must:
22-13 (1) be given in a manner reasonably calculated to give
22-14 actual notice to the person or successor;
22-15 (2) state the:
22-16 (A) amount of the indebtedness or the amount of
22-17 the tax, penalties, interest, and costs due, as applicable; and
22-18 (B) name of the indebted or delinquent person;
22-19 (3) specify the deadline for paying the amount due;
22-20 and
22-21 (4) inform the person or successor that unless the
22-22 amount due is paid before the deadline, the comptroller will deduct
22-23 the amount of the indebtedness or delinquency from the amount the
22-24 state owes the person or successor.
22-25 (d) This section does not authorize the comptroller to
22-26 deduct the amount of a state employee's indebtedness to a state
22-27 agency from any amount of compensation owed by the agency to the
23-1 employee, the employee's successor, or the assignee of the employee
23-2 or successor. In this subsection, "compensation," "indebtedness,"
23-3 "state agency," "state employee," and "successor" have the meanings
23-4 assigned by Section 666.001.
23-5 (e) The comptroller shall credit the appropriate fund or
23-6 account for any amount deducted under this section if the
23-7 comptroller is the custodian or trustee of that fund or account.
23-8 The comptroller shall remit any amount deducted under this section
23-9 to the custodian or trustee of the appropriate fund or account if
23-10 the comptroller is not its custodian or trustee.
23-11 (f) The comptroller may determine the order that a person's
23-12 multiple types of indebtedness to the state or tax delinquencies
23-13 are deducted from the amount the state owes the person or the
23-14 person's successor.
23-15 (g) The assignee of a person or the person's successor is
23-16 considered to be a successor of the person for the purposes of this
23-17 section, except that a deduction under this section from the amount
23-18 owed to the assignee of a person or the person's successor may not
23-19 be made if the assignment became effective before the person became
23-20 indebted to the state or incurred the tax delinquency.
23-21 (h) The comptroller may adopt rules and establish procedures
23-22 to administer this section.
23-23 (i) Except as provided by Subsection (d), in this section,
23-24 "successor" means a person's estate and the distributees of that
23-25 estate.
23-26 SECTION 10. Subchapter D, Chapter 403, Government Code, is
23-27 amended by adding Section 403.0552 to read as follows:
24-1 Sec. 403.0552. PREPARATION AND RETENTION OF CERTAIN
24-2 WARRANTS. (a) The comptroller may prepare and retain a warrant
24-3 that Section 57.48, Education Code, Section 231.007, Family Code,
24-4 or Section 403.055 prohibits the comptroller from issuing.
24-5 (b) The comptroller may prepare a warrant to make a payment
24-6 that Section 57.48, Education Code, Section 231.007, Family Code,
24-7 or Section 403.055 prohibits the comptroller from initiating by
24-8 electronic funds transfer.
24-9 (c) If the comptroller prepares a warrant under Subsection
24-10 (a) or (b), the comptroller shall:
24-11 (1) make the warrant payable to the person to whom the
24-12 warrant may not be issued or an electronic funds transfer may not
24-13 be initiated; and
24-14 (2) retain the warrant until the earliest of:
24-15 (A) the first day the warrant may no longer be
24-16 paid by the comptroller under Section 404.046 or other applicable
24-17 law;
24-18 (B) the date the comptroller deducts the amount
24-19 of the person's indebtedness to the state or tax delinquency from
24-20 the amount of the warrant under Section 403.0551, Chapter 666, or
24-21 other applicable law; or
24-22 (C) the first day the comptroller is no longer
24-23 prohibited from issuing the warrant or initiating an electronic
24-24 funds transfer to that person.
24-25 (d) The comptroller may not cancel or destroy a warrant
24-26 prepared under Subsection (a) or (b) unless the comptroller
24-27 receives a request for the cancellation or destruction from the
25-1 state agency that submitted the voucher requesting issuance of the
25-2 warrant or initiation of the electronic funds transfer and:
25-3 (1) the agency informs the comptroller that the
25-4 voucher was erroneous or was submitted erroneously;
25-5 (2) the agency is the only state agency responsible
25-6 for collecting the indebtedness or tax delinquency of the payee of
25-7 the warrant; or
25-8 (3) all state agencies that are responsible for
25-9 collecting the indebtedness or tax delinquency of the payee of the
25-10 warrant consent to the cancellation or destruction.
25-11 (e) For purposes of Subsection (d)(1), a voucher is not
25-12 erroneous and is not submitted erroneously merely because the
25-13 comptroller is prohibited by Section 57.48, Education Code, Section
25-14 231.007, Family Code, or Section 403.055 from issuing a warrant or
25-15 initiating an electronic funds transfer in accordance with the
25-16 voucher.
25-17 SECTION 11. Section 403.060(a), Government Code, is amended
25-18 to read as follows:
25-19 (a) The comptroller may delegate to a person [state agency]
25-20 the authority to print warrants [at the agency's location] and
25-21 deliver those warrants to the appropriate person. However, before
25-22 a person [an agency] may print and deliver a warrant, the
25-23 comptroller must approve a voucher related to the warrant in
25-24 accordance with Section 403.071.
25-25 SECTION 12. Section 404.046, Government Code, is amended to
25-26 read as follows:
25-27 Sec. 404.046. PAYMENT FROM TREASURY. The comptroller shall
26-1 pay warrants the comptroller draws on the treasury that are
26-2 authorized by law. Except as provided by Section 403.0271, money
26-3 [Money] may not be paid out of the treasury except on a warrant
26-4 drawn or an electronic funds transfer initiated by [the warrants
26-5 of] the comptroller. A [, and a] warrant may not be paid by the
26-6 comptroller unless presented for payment to a financial institution
26-7 or the comptroller before two years after the close of the fiscal
26-8 year in which the warrant was issued. Claims for the payment of
26-9 warrants presented after that time may be presented to the
26-10 legislature for appropriations from which the claims may be paid.
26-11 SECTION 13. Section 404.069(a), Government Code, is amended
26-12 to read as follows:
26-13 (a) All money and securities deposited with the comptroller
26-14 in trust for any legal purpose may be received by the comptroller
26-15 as provided by Section 403.052. The money or securities shall be
26-16 held in trust by the comptroller in the same manner as the
26-17 departmental suspense account. Except as provided by Section
26-18 403.0271, the money may be withdrawn only on a [Withdrawal shall be
26-19 by] warrant drawn or an electronic funds transfer initiated by the
26-20 comptroller. The securities may be withdrawn only by [in the case
26-21 of money and] withdrawal authorization [in the case of securities.
26-22 Those instruments shall be issued by the comptroller as provided by
26-23 Sections 403.011 and 403.056].
26-24 SECTION 14. Section 608.002(b), Government Code, is amended
26-25 to read as follows:
26-26 (b) An authorization must:
26-27 (1) be in writing or recorded by electronic means; and
27-1 (2) state:
27-2 (A) the period for which the authorization is to
27-3 be in effect; [and]
27-4 (B) the amount to be deducted; and
27-5 (C) the denomination of the savings bonds to be
27-6 purchased.
27-7 SECTION 15. Section 608.003(b), Government Code, is amended
27-8 to read as follows:
27-9 (b) If a withholding is made, the department administrator
27-10 or disbursing officer shall make a deduction when the payroll of a
27-11 state department or a political subdivision is presented to the
27-12 comptroller or disbursing officer, as appropriate, [for the
27-13 issuance of warrants] for payment.
27-14 SECTION 16. Section 608.005, Government Code, is amended to
27-15 read as follows:
27-16 Sec. 608.005. PAYMENT [ISSUANCE OF WARRANT] TO DEPARTMENT
27-17 ADMINISTRATOR OR DISBURSING OFFICER. (a) When the payroll of a
27-18 state department is presented to the comptroller for payment, the
27-19 comptroller shall pay [issue] to the department administrator [a
27-20 warrant for] the full amount deducted from the department's payroll
27-21 for the payroll period to purchase savings bonds on behalf of
27-22 department officers and employees.
27-23 (b) When the payroll of a political subdivision is presented
27-24 to the disbursing officer for payment, the disbursing officer shall
27-25 pay [issue] to the disbursing officer [a warrant for] the full
27-26 amount deducted from the political subdivision's payroll for the
27-27 payroll period to purchase savings bonds on behalf of officers and
28-1 employees of the political subdivision.
28-2 SECTION 17. Section 608.007, Government Code, is amended to
28-3 read as follows:
28-4 Sec. 608.007. TRUST ACCOUNT. (a) A department
28-5 administrator shall deposit money received [a warrant issued] under
28-6 Section 608.005(a) with the comptroller to be held in trust by the
28-7 comptroller until disbursed by the department administrator to
28-8 purchase savings bonds for an individual designated in an
28-9 authorization under Section 608.002 filed with the department
28-10 administrator.
28-11 (b) A disbursing officer shall deposit money received [a
28-12 warrant issued] under Section 608.005(b) with the comptroller of
28-13 the political subdivision to be held in trust by the comptroller
28-14 until disbursed by the disbursing officer to purchase savings bonds
28-15 for an individual designated in an authorization under Section
28-16 608.002 filed with the disbursing officer.
28-17 (c) Money [A warrant] held in trust under this section shall
28-18 be deposited in an account designated as the savings bond payroll
28-19 savings account. [The comptroller shall pay out money deposited in
28-20 the account on proper warrants drawn by the department
28-21 administrator or disbursing officer, as appropriate.]
28-22 SECTION 18. Section 608.010(b), Government Code, is amended
28-23 to read as follows:
28-24 (b) On termination as provided by Subsection (a), any money
28-25 that has been deducted from an officer's or employee's compensation
28-26 but has not been used to purchase savings bonds shall be remitted
28-27 immediately [by proper warrant] to the individual from whose
29-1 compensation the money has been deducted.
29-2 SECTION 19. Subtitle B, Title 6, Government Code, is amended
29-3 by adding Chapter 666 to read as follows:
29-4 CHAPTER 666. PAYROLL DEDUCTION TO RECOUP EXCESS
29-5 COMPENSATION PAID TO A STATE OFFICER OR EMPLOYEE
29-6 Sec. 666.001. DEFINITIONS. In this chapter:
29-7 (1) "Compensation" includes:
29-8 (A) base salary or wages;
29-9 (B) longevity or hazardous duty pay;
29-10 (C) benefit replacement pay;
29-11 (D) a payment for the balance of vacation and
29-12 sick leave under Subchapter B, Chapter 661;
29-13 (E) a payment for the accrued balance of
29-14 vacation time under Subchapter C, Chapter 661; and
29-15 (F) an emolument provided in lieu of base salary
29-16 or wages.
29-17 (2) "Indebtedness" means the amount of compensation
29-18 paid to a state employee that exceeds the amount the employee is
29-19 eligible to receive under law.
29-20 (3) "State agency" means a board, commission, council,
29-21 committee, department, office, agency, or other governmental entity
29-22 in the executive, legislative, or judicial branch of state
29-23 government. The term includes:
29-24 (A) the Texas Guaranteed Student Loan
29-25 Corporation; and
29-26 (B) an institution of higher education as
29-27 defined by Section 61.003, Education Code, other than a public
30-1 junior or community college.
30-2 (4) "State employee" means an officer or employee of a
30-3 state agency.
30-4 (5) "Successor" means:
30-5 (A) the estate of a deceased state employee;
30-6 (B) the surviving spouse of a deceased state
30-7 employee; or
30-8 (C) the distributees of the estate of a deceased
30-9 state employee.
30-10 Sec. 666.002. DEDUCTION AUTHORIZATION. (a) A state agency
30-11 may deduct the amount of a state employee's indebtedness to the
30-12 agency from any amount of compensation the agency owes the employee
30-13 or the employee's successor if:
30-14 (1) the agency provides a notice to the employee or
30-15 successor that complies with Section 666.003;
30-16 (2) the agency provides the employee or successor with
30-17 an opportunity to exercise any due process or other constitutional
30-18 or statutory protection that must be accommodated before the agency
30-19 may begin a collection action or procedure;
30-20 (3) the agency determines that the deduction would not
30-21 violate any applicable law or rule of this state or the United
30-22 States; and
30-23 (4) the comptroller is not responsible under Section
30-24 404.046, 404.069, or 2103.003 for paying the amount owed by the
30-25 agency to the employee or successor through the issuance of a
30-26 warrant or initiation of an electronic funds transfer.
30-27 (b) The comptroller may deduct the amount of a state
31-1 employee's indebtedness to a state agency from any amount of
31-2 compensation the agency owes the employee or the employee's
31-3 successor if:
31-4 (1) the agency provides a notice to the employee or
31-5 successor that complies with Section 666.003;
31-6 (2) the agency requests the comptroller to make the
31-7 deduction in accordance with Section 666.005; and
31-8 (3) the comptroller is responsible under Section
31-9 404.046, 404.069, or 2103.003 for paying the amount owed by the
31-10 agency to the employee or the successor through the issuance of a
31-11 warrant or initiation of an electronic funds transfer.
31-12 Sec. 666.003. NOTICE. (a) A state agency shall provide
31-13 notice to a state employee or the employee's successor before the
31-14 agency:
31-15 (1) deducts the amount of the employee's indebtedness
31-16 to the agency under Section 666.002(a); or
31-17 (2) requests the comptroller to make a deduction under
31-18 Section 666.002(b).
31-19 (b) The notice must:
31-20 (1) be given in a manner reasonably calculated to give
31-21 actual notice to the employee or successor;
31-22 (2) state the:
31-23 (A) amount of the indebtedness; and
31-24 (B) name of the indebted employee;
31-25 (3) specify the date by which the indebtedness must be
31-26 paid; and
31-27 (4) inform the employee or successor that unless the
32-1 indebtedness is paid on or before the date specified, the amount of
32-2 the indebtedness may be deducted from any amount of compensation
32-3 the agency owes the employee or successor.
32-4 Sec. 666.004. PAYMENT OF AMOUNT REMAINING. Any amount that
32-5 remains owed after a deduction under Section 666.002 shall be paid
32-6 to the state employee or successor.
32-7 Sec. 666.005. DEDUCTION REQUESTS TO THE COMPTROLLER. (a) A
32-8 state agency may not request the comptroller to make a deduction
32-9 from compensation owed to a state employee or successor under
32-10 Section 666.002(b) before the agency:
32-11 (1) provides the employee or successor the opportunity
32-12 to exercise any due process or other constitutional or statutory
32-13 protection that must be accommodated before a collection action or
32-14 procedure may begin; and
32-15 (2) determines that the deduction would not violate
32-16 any applicable law or rule of this state or the United States.
32-17 (b) The comptroller may not investigate or determine whether
32-18 the agency has complied with Subsection (a)(1). The comptroller
32-19 may rely on a determination made under Subsection (a)(2).
32-20 (c) A state agency's request to the comptroller to make a
32-21 deduction under Section 666.002(b) must comply with the
32-22 comptroller's requirements for format, content, and frequency.
32-23 Sec. 666.006. ASSIGNEES. The assignee of a state employee
32-24 or the employee's successor is considered to be a successor for the
32-25 purposes of this chapter, except that a deduction under this
32-26 chapter from the compensation owed to the assignee of a state
32-27 employee or the employee's successor may not be made if the
33-1 assignment became effective after the employee incurred the
33-2 indebtedness.
33-3 Sec. 666.007. ADMINISTRATION. The comptroller may adopt
33-4 rules and establish procedures to administer this chapter.
33-5 SECTION 20. Section 2103.003, Government Code, is amended to
33-6 read as follows:
33-7 Sec. 2103.003. STATE AGENCY SPENDING OF APPROPRIATED FUNDS.
33-8 A state agency may spend appropriated funds only by:
33-9 (1) a warrant drawn by:
33-10 (A) the comptroller; or
33-11 (B) a person that [state agency to which] the
33-12 comptroller has delegated authority to print warrants under Section
33-13 403.060; [or]
33-14 (2) an electronic funds transfer initiated by the
33-15 comptroller; or
33-16 (3) a debit to a state account by a person authorized
33-17 under Section 403.0271.
33-18 SECTION 21. Chapter 2107, Government Code, is amended by
33-19 adding Section 2107.008 to read as follows:
33-20 Sec. 2107.008. PAYMENTS TO DEBTORS OR DELINQUENTS
33-21 PROHIBITED. (a) Except as provided by this section, a state
33-22 agency, as a ministerial duty, may not use funds in or outside of
33-23 the state treasury to pay a person if:
33-24 (1) Section 403.055 prohibits the comptroller from
33-25 issuing a warrant or initiating an electronic funds transfer to the
33-26 person; or
33-27 (2) the person is indebted to the state or has a tax
34-1 delinquency, the agency is responsible for collecting that
34-2 indebtedness or delinquency, and Section 403.055 does not prohibit
34-3 the comptroller from issuing a warrant or initiating an electronic
34-4 funds transfer to the person.
34-5 (b) A state agency may not pay the assignee of a person that
34-6 the agency may not pay under Subsection (a)(1) if Section 403.055
34-7 prohibits the comptroller from issuing a warrant or initiating an
34-8 electronic funds transfer to the assignee. The agency may not pay
34-9 the assignee of a person that the agency may not pay under
34-10 Subsection (a)(2) if the assignment became effective after the
34-11 person became indebted to the state or incurred a tax delinquency.
34-12 (c) A state agency that Subsection (a) prohibits from making
34-13 a payment to a person also is prohibited from paying any part of
34-14 that payment to:
34-15 (1) the person's estate;
34-16 (2) the distributees of the person's estate; or
34-17 (3) the person's surviving spouse.
34-18 (d) This section does not prohibit a state agency from
34-19 paying a person subject to Subsection (a)(2) or the person's
34-20 assignee if the agency determines that the person is complying with
34-21 an installment payment agreement or similar agreement between the
34-22 agency and that person to pay or eliminate the debt or delinquency.
34-23 (e) The comptroller may not reimburse a state agency for a
34-24 payment that the comptroller determines was made in violation of
34-25 this section.
34-26 (f) Subsection (a)(2) does not prohibit a state agency from
34-27 paying:
35-1 (1) the compensation of a state officer or employee;
35-2 or
35-3 (2) the remuneration of an individual if the
35-4 remuneration is being paid by a private person through the agency.
35-5 (g) Subsection (a)(2) does not prohibit a state agency from
35-6 making a payment if:
35-7 (1) the payment would be made in whole or in part with
35-8 money paid to the state by the United States; and
35-9 (2) the agency determines that federal law:
35-10 (A) requires the payment to be made; or
35-11 (B) conditions the state's receipt of the money
35-12 on the payment being made.
35-13 (h) A state agency may not refuse to make a payment under
35-14 Subsection (a)(2) before the agency has provided the person with an
35-15 opportunity to exercise any due process or other constitutional or
35-16 statutory protection that must be accommodated before the agency or
35-17 the state may begin a collection action or procedure.
35-18 (i) This section does not apply to the extent that Section
35-19 57.482, Education Code, applies.
35-20 (j) This section applies to a payment only if the
35-21 comptroller is not responsible under Section 404.046, 404.069, or
35-22 2103.003 for issuing a warrant or initiating an electronic funds
35-23 transfer to make the payment.
35-24 (k) Notwithstanding Section 2107.001, in this section
35-25 "compensation," "state agency," "state officer or employee," and
35-26 "tax delinquency" have the meanings assigned by Section 403.055.
35-27 SECTION 22. Section 2254.030, Government Code, is amended to
36-1 read as follows:
36-2 Sec. 2254.030. PUBLICATION IN TEXAS REGISTER AFTER ENTERING
36-3 INTO MAJOR CONSULTING SERVICES CONTRACT. Not later than the 20th
36-4 [10th] day after the date of entering into a major consulting
36-5 services contract, the contracting state agency shall file with the
36-6 secretary of state for publication in the Texas Register:
36-7 (1) a description of the activities that the
36-8 consultant will conduct;
36-9 (2) the name and business address of the consultant;
36-10 (3) the total value and the beginning and ending dates
36-11 of the contract; and
36-12 (4) the dates on which documents, films, recordings,
36-13 or reports that the consultant is required to present to the agency
36-14 are due.
36-15 SECTION 23. Sections 2254.031(a) and (c), Government Code,
36-16 are amended to read as follows:
36-17 (a) A state agency that intends to renew a major consulting
36-18 services contract shall:
36-19 (1) file with the secretary of state for publication
36-20 in the Texas Register the information required by Section 2254.030
36-21 not later than the 20th [10th] day after the date the contract is
36-22 renewed if the renewal contract is not a major consulting services
36-23 contract; or
36-24 (2) comply with Sections 2254.028 and 2254.029 if the
36-25 renewal contract is a major consulting services contract.
36-26 (c) A state agency that intends to amend or extend a major
36-27 consulting services contract shall:
37-1 (1) not later than the 20th [10th] day after the date
37-2 the contract is amended or extended, file the information required
37-3 by Section 2254.030 with the secretary of state for publication in
37-4 the Texas Register if the contract after the amendment or extension
37-5 is not a major consulting services contract; or
37-6 (2) comply with Sections 2254.028 and 2254.029 if the
37-7 contract after the amendment or extension is a major consulting
37-8 services contract.
37-9 SECTION 24. Section 2254.034(c), Government Code, is amended
37-10 to read as follows:
37-11 (c) If a contract is void under this section:
37-12 (1) the comptroller may not draw a warrant or transmit
37-13 money to satisfy an obligation under the contract; and
37-14 (2) a state agency may not make any payment under the
37-15 contract with state or federal money or money held in or outside
37-16 the state treasury [until the agency has complied with Sections
37-17 2254.029 through 2254.031].
37-18 SECTION 25. Section 31.038, Human Resources Code, is amended
37-19 to read as follows:
37-20 Sec. 31.038. CANCELLATION OF UNCASHED WARRANTS. The [On
37-21 authorization by the] department[, the comptroller] may cancel a
37-22 financial assistance warrant [warrants] that has [have] not been
37-23 cashed within a reasonable period of time after issuance. The
37-24 cancellation must be performed in the manner required by rules of
37-25 the comptroller.
37-26 SECTION 26. (a) Sections 481.0841, 608.004, and 608.012,
37-27 Government Code, are repealed.
38-1 (b) Section 5.101(f), Tax Code, is repealed.
38-2 SECTION 27. (a) The comptroller may adopt rules and take
38-3 other actions before January 1, 2000, that the comptroller
38-4 considers necessary or appropriate to prepare for Sections 1, 2, 4,
38-5 8-10, 19, and 21 of this Act to take effect. This subsection does
38-6 not authorize the comptroller to adopt any rule or take any action
38-7 that Sections 1, 2, 4, 8-10, 19, and 21 of this Act would not
38-8 authorize the comptroller to adopt or take if those sections took
38-9 effect immediately.
38-10 (b) A state agency may take before January 1, 2000, the
38-11 actions that the agency considers necessary or appropriate to
38-12 prepare for Sections 1, 2, 4, 8-10, 19, and 21 of this Act to take
38-13 effect. This subsection does not authorize a state agency to take
38-14 any action that Sections 1, 2, 4, 8-10, 19, and 21 of this Act
38-15 would not authorize the agency to take if those sections took
38-16 effect immediately. In this subsection, "state agency" does not
38-17 include the comptroller.
38-18 SECTION 28. The repeal of Section 608.004, Government Code,
38-19 by Section 26(a) of this Act is intended only to repeal a redundant
38-20 law. The repeal does not imply that on and after the effective
38-21 date of Section 26 of this Act:
38-22 (1) the amount an officer or employee authorizes to be
38-23 deducted from the officer's or employee's compensation for the
38-24 purchase of savings bonds may not actually be withheld and deducted
38-25 as authorized by Section 608.003, Government Code; or
38-26 (2) the amount of an officer's or employee's
38-27 compensation remaining after all authorized deductions have been
39-1 made may not be paid to the officer or employee.
39-2 SECTION 29. The changes in law made by Sections 22 and 23 of
39-3 this Act apply only to a major consulting services contract that is
39-4 entered into, renewed, amended, or extended on and after the
39-5 effective date of those sections. A major consulting services
39-6 contract that is entered into, renewed, amended, or extended before
39-7 that date is governed by the law in effect on the date the contract
39-8 is entered into, renewed, amended, or extended, and the former law
39-9 is continued in effect for that purpose.
39-10 SECTION 30. The comptroller may adopt rules and take other
39-11 actions before September 1, 1999, that the comptroller considers
39-12 necessary or appropriate to prepare for Sections 6, 22, 23, and 29
39-13 of this Act to take effect. This section does not authorize the
39-14 comptroller to adopt any rule or take any action that Sections 6,
39-15 22, 23, and 29 of this Act would not authorize the comptroller to
39-16 adopt or take if those sections took effect immediately.
39-17 SECTION 31. This Act takes effect immediately except that:
39-18 (1) Sections 6, 22, 23, and 29 take effect September
39-19 1, 1999; and
39-20 (2) Sections 1, 2, 4, 8-10, 19, and 21 take effect
39-21 January 1, 2000.
39-22 SECTION 32. The importance of this legislation and the
39-23 crowded condition of the calendars in both houses create an
39-24 emergency and an imperative public necessity that the
39-25 constitutional rule requiring bills to be read on three several
39-26 days in each house be suspended, and this rule is hereby suspended,
39-27 and that this Act take effect and be in force according to its
40-1 terms, and it is so enacted.