By McCall H.B. No. 3211
76R5425 JJT-F
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 those
4-17 funds 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 paying a person also is prohibited from paying:
5-17 (1) the person's estate;
5-18 (2) the distributees of the person's estate; or
5-19 (3) the person's surviving spouse.
5-20 (c) The comptroller may not reimburse a state agency for a
5-21 payment that the comptroller determines was made in violation of
5-22 this section.
5-23 (d) This section applies to a payment only if the
5-24 comptroller is not responsible under Section 404.046, 404.069, or
5-25 2103.003, Government Code, for issuing a warrant or initiating an
5-26 electronic funds transfer to make the payment.
5-27 (e) In this section, "state agency" has the meaning assigned
6-1 by Section 57.48.
6-2 SECTION 3. Section 62.021(a), Education Code, is amended to
6-3 read as follows:
6-4 (a) Each fiscal year, an eligible institution is entitled to
6-5 receive an amount allocated in accordance with this section from
6-6 funds appropriated by Section 17(a), Article VII, Texas [Section
6-7 17(a), of the] Constitution [of Texas]. The comptroller [of public
6-8 accounts] shall distribute funds allocated under this subsection
6-9 only on presentation of a claim and issuance of a warrant in
6-10 accordance with Section 403.071, Government Code. The comptroller
6-11 may not issue a warrant from any funds allocated under this
6-12 subsection before the delivery of goods or services described in
6-13 Section 17, Article VII, Texas Constitution, except for the payment
6-14 of principal or interest on bonds or notes or for a payment for a
6-15 book or other published library material as authorized by Section
6-16 2155.386, Government Code. The allocation of funds under this
6-17 subsection is made in accordance with an equitable formula
6-18 consisting of the following elements: space deficit, facilities
6-19 condition, institutional complexity, separate allocations for
6-20 medical units and the Texas State Technical College System, and an
6-21 additional allocation for Texas Southern University for compliance
6-22 with the Texas Desegregation Plan. The amounts allocated by the
6-23 formula are as follows:
6-24 $ 5,572,558 East Texas State University including East Texas
6-25 State University at Texarkana;
6-26 $ 9,468,548 Lamar University including Lamar University at
6-27 Orange and Lamar University at Port Arthur;
7-1 $ 2,862,203 Midwestern State University;
7-2 $20,217,740 University of North Texas;
7-3 $10,174,500 The University of Texas--Pan American and The
7-4 University of Texas at Brownsville;
7-5 $ 6,468,273 Stephen F. Austin State University;
7-6 $ 3,640,000 University of North Texas Health Science Center at
7-7 Fort Worth;
7-8 $23,181,556 Texas State University System Administration and the
7-9 following component institutions: Angelo State
7-10 University; Sam Houston State University; Southwest
7-11 Texas State University; Sul Ross State University
7-12 including Uvalde Center;
7-13 $ 8,199,288 Texas Southern University (includes allocation of
7-14 $1,000,000 for compliance with Texas Desegregation
7-15 Plan);
7-16 $16,887,085 Texas Tech University;
7-17 $ 7,735,000 Texas Tech University Health Sciences Center;
7-18 $ 6,849,160 Texas Woman's University;
7-19 $37,726,969 University of Houston System Administration and the
7-20 following component institutions: University of
7-21 Houston; University of Houston--Victoria; University
7-22 of Houston--Clear Lake; University of
7-23 Houston--Downtown;
7-24 $12,167,120 Texas A & M University--Corpus Christi; Texas A & M
7-25 International University; Texas A & M
7-26 University--Kingsville; West Texas A & M University;
7-27 and
8-1 $ 3,850,000 Texas State Technical College System Administration
8-2 and the following component campuses, but not its
8-3 extension centers or programs: Texas State Technical
8-4 College-Amarillo; Texas State Technical
8-5 College-Harlingen; Texas State Technical
8-6 College-Sweetwater; Texas State Technical
8-7 College--Waco.
8-8 SECTION 4. Section 231.007, Family Code, is amended to read
8-9 as follows:
8-10 Sec. 231.007. DEBTS TO STATE. (a) A person obligated to
8-11 pay child support in a case in which the Title IV-D agency is
8-12 providing services under this chapter who does not pay the required
8-13 [child] support is indebted [in debt] to the state for the purposes
8-14 of Section 403.055, Government Code, if the Title IV-D agency has
8-15 reported the person to the comptroller under that section properly.
8-16 (b) The amount of a person's indebtedness [debt of a person
8-17 in debt] to the state under [as provided by] Subsection (a) is
8-18 equal to the sum of:
8-19 (1) the amount of the required child support that has
8-20 [is past due and] not been paid; and
8-21 (2) any interest, fees, court costs, or other amounts
8-22 owed by the person because the person has not paid [as a result of
8-23 the person's failure to pay] the [child] support.
8-24 (c) The Title IV-D agency is the sole [an] assignee of all
8-25 payments, including payments of compensation, by the state to a
8-26 person indebted [in debt] to the state under Subsection (a) [as
8-27 provided by this section. The assignment takes effect before the
9-1 date the person's debt to the state arose].
9-2 (d) On request of the Title IV-D agency:
9-3 (1) the comptroller shall make payable and deliver to
9-4 the agency any payments for which the agency is the assignee under
9-5 Subsection (c), if the comptroller is responsible for issuing
9-6 warrants or initiating electronic funds transfers to make those
9-7 payments; and
9-8 (2) a state agency shall make payable and deliver to
9-9 the Title IV-D agency any payments for which the Title IV-D agency
9-10 is the assignee under Subsection (c) if the comptroller is not
9-11 responsible for issuing warrants or initiating electronic funds
9-12 transfers to make those payments.
9-13 (e) [(d)] A person indebted [in debt] to the state under
9-14 Subsection (a) [as provided by this section] may eliminate the
9-15 [person's] debt by:
9-16 (1) paying the entire amount of the debt; or
9-17 (2) resolving the debt in a manner acceptable to the
9-18 Title IV-D agency.
9-19 (f) [(e)] The comptroller or a state agency may rely on a
9-20 representation by the Title IV-D agency that:
9-21 (1) a person is indebted [in debt] to the state under
9-22 Subsection (a) [as provided by this section]; or
9-23 (2) a person who was indebted [in debt] to the state
9-24 under Subsection (a) has eliminated the [person's] debt [as
9-25 provided by this section].
9-26 (g) Except as provided by Subsection (h) [(f) In this
9-27 section], the payment of workers' compensation benefits to a person
10-1 indebted [in debt] to the state under Subsection (a) is the same
10-2 for the purposes of this section as any other payment made to the
10-3 person by the state. Notwithstanding Section 408.203, Labor Code,
10-4 an order or writ to withhold income from workers' compensation
10-5 benefits is not required before the benefits are withheld or
10-6 assigned under this section.
10-7 (h) [(g)] The amount of weekly workers' compensation
10-8 benefits that may be withheld or assigned under this section may
10-9 not exceed the percentage of the person's benefits that would apply
10-10 if the benefits equalled the person's monthly net resources as
10-11 provided by Chapter 154, except that in no event may more than 50
10-12 percent of the person's weekly compensation benefits be withheld or
10-13 assigned. The comptroller or a state agency may rely on a
10-14 representation by the Title IV-D agency that a withholding or
10-15 assignment under this section would not violate this subsection.
10-16 (i) [(h)] Notwithstanding Section 403.055 [Sections
10-17 403.055(c) and (e)(4)], Government Code, the comptroller may not
10-18 issue a warrant or initiate an electronic funds transfer to pay:
10-19 (1) compensation to a state officer or employee who is
10-20 indebted [in debt] to the state under Subsection (a); or
10-21 (2) remuneration to an individual who is being paid by
10-22 a private person through a state agency, if the individual is
10-23 indebted to the state under Subsection (a) [as provided by this
10-24 section].
10-25 (j) Notwithstanding Section 2107.008, Government Code, a
10-26 state agency may not pay:
10-27 (1) compensation to a state officer or employee who is
11-1 indebted to the state under Subsection (a); or
11-2 (2) remuneration to an individual who is being paid by
11-3 a private person through the agency if the individual is indebted
11-4 to the state under Subsection (a).
11-5 (k) [(i)] In this section, "compensation," "state agency,"
11-6 and "state officer or employee" have ["compensation" has] the
11-7 meanings [meaning] assigned by Section 403.055[(f)(1)], Government
11-8 Code[, and includes the payment of workers' compensation benefits].
11-9 SECTION 5. Section 403.011, Government Code, is amended to
11-10 read as follows:
11-11 Sec. 403.011. GENERAL POWERS. The comptroller shall:
11-12 (1) obtain a seal with "Comptroller's Office, State of
11-13 Texas" engraved around the margin and a five-pointed star in the
11-14 center, to be used as the seal of the office to authenticate
11-15 official acts, except warrants drawn on the state treasury;
11-16 (2) adopt regulations the comptroller considers
11-17 essential to the speedy and proper assessment and collection of
11-18 state revenues;
11-19 (3) supervise, as the sole accounting officer of the
11-20 state, the state's fiscal concerns and manage those concerns as
11-21 required by law;
11-22 (4) require all accounts presented to the comptroller
11-23 for settlement not otherwise provided for by law to be made on
11-24 forms that the comptroller prescribes;
11-25 (5) prescribe and furnish the form or electronic
11-26 format to be used in the collection of public revenue;
11-27 (6) prescribe the mode and manner of keeping and
12-1 stating of accounts of persons collecting state revenue;
12-2 (7) prescribe forms or electronic formats of the same
12-3 class, kind, and purpose so that they are uniform in size,
12-4 arrangement, matter, and form;
12-5 (8) require each person receiving money or managing or
12-6 having disposition of state property of which an account is kept in
12-7 the comptroller's office periodically to render statements of the
12-8 money or property to the comptroller;
12-9 (9) require each person who has received and not
12-10 accounted for state money to settle the person's account;
12-11 (10) keep and settle all accounts in which the state
12-12 is interested;
12-13 (11) examine and settle the account of each person
12-14 indebted to the state, verify the amount or balance, and direct and
12-15 supervise the collection of the money;
12-16 (12) audit claims against the state the payment of
12-17 which is provided for by law, unless the audit is otherwise
12-18 specially provided for;
12-19 (13) determine the method for auditing claims against
12-20 the state in a cost-effective manner, including [but not limited
12-21 to] the use of stratified and statistical sampling techniques in
12-22 conjunction with automated edits;
12-23 (14) maintain the necessary records and data for each
12-24 approved claim against the state so that an adequate audit can be
12-25 performed and the comptroller can submit a report to each house of
12-26 the legislature, upon request, stating the name and amount of each
12-27 approved claim;
13-1 (15) keep and state each account between the state and
13-2 the United States;
13-3 (16) keep journals through which all entries are made
13-4 in the ledger;
13-5 (17) draw warrants on the treasury for payment of all
13-6 money required by law to be paid from the treasury on warrants
13-7 drawn by the comptroller;
13-8 (18) suggest plans for the improvement and management
13-9 of the general revenue; and
13-10 (19) preserve the books, records, papers, and other
13-11 property of the comptroller's office and deliver them in good
13-12 condition to the successor to that office.
13-13 SECTION 6. Section 403.023, Government Code, is amended to
13-14 read as follows:
13-15 Sec. 403.023. CREDIT AND DEBIT CARDS. (a) The comptroller
13-16 may adopt rules relating to the acceptance of credit and debit
13-17 cards for the payment of fees, taxes, and other charges assessed by
13-18 state agencies. The rules may:
13-19 (1) authorize a state agency to accept credit or debit
13-20 cards for a payment if the comptroller determines the best
13-21 interests of the state would be promoted;
13-22 (2) authorize or require a person that uses a credit
13-23 or debit card [user] to pay a processing fee to the state agency
13-24 that accepts the [credit] card for a payment; and
13-25 (3) authorize a particular state agency to accept
13-26 credit or debit cards for a payment without providing the same
13-27 authorization to other state agencies.
14-1 (b) The comptroller may adopt rules relating to the use of
14-2 credit cards by state agencies to pay for purchases. The rules
14-3 may:
14-4 (1) authorize a state agency to use credit cards if
14-5 the comptroller determines the best interests of the state would be
14-6 promoted;
14-7 (2) authorize a state agency to use credit cards to
14-8 pay for purchases without providing the same authorization to other
14-9 state agencies;
14-10 (3) authorize a state agency to use credit cards to
14-11 pay for purchases that otherwise may be paid out of the agency's
14-12 petty cash accounts under Subchapter K; and
14-13 (4) authorize the General Services Commission to
14-14 contract with one or more credit card issuers on behalf of state
14-15 agencies.
14-16 (c) The comptroller may not adopt rules about a particular
14-17 state agency's acceptance of credit cards for a payment if the
14-18 rules [that] would affect a contract that the [state] agency has
14-19 entered into that is in effect on September 1, 1993. The
14-20 comptroller may not adopt rules about a particular state agency's
14-21 acceptance of debit cards for a payment if the rules would affect a
14-22 contract that the agency has entered into that is in effect on
14-23 September 1, 1999.
14-24 (d) The comptroller may not adopt rules about a particular
14-25 state agency's acceptance or use of credit or debit cards if
14-26 another law specifically authorizes, requires, prohibits, or
14-27 otherwise regulates the acceptance or use.
15-1 (e) In this section, "state agency" means:
15-2 (1) a board, commission, department, or other agency
15-3 in the executive branch of state government that is created by the
15-4 constitution or a statute of this state, including an institution
15-5 of higher education as defined by Section 61.003, Education Code,
15-6 other than a public junior college;
15-7 (2) the legislature or a legislative agency; or
15-8 (3) the supreme court, the court of criminal appeals,
15-9 a court of appeals, or a state judicial agency.
15-10 SECTION 7. Subchapter B, Chapter 403, Government Code, is
15-11 amended by adding Section 403.0271 to read as follows:
15-12 Sec. 403.0271. AUTHORIZATIONS TO DEBIT STATE ACCOUNTS. (a)
15-13 The comptroller may authorize a person to debit a state account in
15-14 or outside of the state treasury for the purpose of receiving
15-15 payment for goods or services provided to a state agency.
15-16 (b) The comptroller may:
15-17 (1) authorize certain persons to debit an account
15-18 without authorizing others to do so;
15-19 (2) authorize a debit for goods or services provided
15-20 to certain state agencies without authorizing a debit for goods or
15-21 services provided to other state agencies;
15-22 (3) authorize a debit for certain types of goods or
15-23 services without authorizing a debit for other types of goods or
15-24 services; and
15-25 (4) otherwise limit the circumstances under which a
15-26 debit is permitted.
15-27 (c) Each state agency whose funds are paid through debits
16-1 authorized under Subsection (a) shall:
16-2 (1) reconcile the debits with the actual amount due
16-3 for goods or services provided; and
16-4 (2) recover any amount debited that exceeds the amount
16-5 due.
16-6 (d) The comptroller by rule shall specify the frequency with
16-7 which a reconciliation under Subsection (c)(1) must be conducted by
16-8 a state agency. The comptroller by rule may require the agency to
16-9 submit the reconciliation to the comptroller for review and
16-10 approval. The comptroller may audit the agency to ensure the
16-11 accuracy of the reconciliation.
16-12 (e) The comptroller may adopt rules and establish procedures
16-13 to administer this section.
16-14 (f) In this section, "state agency" means:
16-15 (1) a board, commission, department, or other agency
16-16 in the executive branch of state government that is created by the
16-17 constitution or a statute of this state, including an institution
16-18 of higher education as defined by Section 61.003, Education Code,
16-19 other than a public junior or community college;
16-20 (2) the legislature or a legislative agency; or
16-21 (3) the supreme court, the court of criminal appeals,
16-22 a court of appeals, or a state judicial agency.
16-23 SECTION 8. Section 403.055, Government Code, is amended to
16-24 read as follows:
16-25 Sec. 403.055. PAYMENTS [ISSUANCE] TO DEBTORS OR DELINQUENTS
16-26 PROHIBITED. (a) Except as provided by this section, the [The]
16-27 comptroller, as a ministerial duty, may not issue a warrant or
17-1 initiate an electronic funds transfer to a person who has been
17-2 reported properly under Subsection (f) [if the person is indebted
17-3 or owes delinquent taxes to the state, or owes delinquent taxes
17-4 under a tax that the comptroller administers or collects, until the
17-5 debt or taxes are paid].
17-6 (b) The comptroller may not issue a warrant or initiate an
17-7 electronic funds transfer to the assignee of a person who has been
17-8 reported properly under Subsection (f) [is indebted or owes
17-9 delinquent taxes to the state only] if the assignment became
17-10 effective after [before] the person became indebted to the state or
17-11 incurred a tax delinquency [delinquent in the payment of taxes to
17-12 the state].
17-13 (c) When this section prohibits the comptroller from issuing
17-14 a warrant or initiating an electronic funds transfer to a person,
17-15 the comptroller may not issue a warrant or initiate an electronic
17-16 funds transfer to:
17-17 (1) the person's estate;
17-18 (2) the distributees of the person's estate; or
17-19 (3) the person's surviving spouse.
17-20 (d) [(c)] This section does not prohibit the comptroller
17-21 from issuing a warrant or initiating an electronic funds transfer
17-22 to pay [the compensation of]:
17-23 (1) compensation to a state officer or employee; or
17-24 (2) remuneration to an individual if the remuneration
17-25 [whose compensation] is being paid by a private person through a
17-26 state agency.
17-27 (e) This [(d) When this] section does not prohibit
18-1 [prohibits] the comptroller from issuing a warrant or initiating [,
18-2 the comptroller is also prohibited from using] an electronic funds
18-3 transfer to a person reported properly under Subsection (f) or to
18-4 the person's assignee if the state agency responsible for
18-5 collecting the person's debt or tax delinquency subsequently and
18-6 properly reports to the comptroller that:
18-7 (1) the person is complying with an installment
18-8 payment agreement or similar agreement to pay or eliminate the debt
18-9 or delinquency, unless the agency subsequently and properly reports
18-10 to the comptroller that the person no longer is complying with the
18-11 agreement;
18-12 (2) the person's debt or delinquency has been paid or
18-13 otherwise eliminated; or
18-14 (3) the report of indebtedness or delinquency was
18-15 prohibited by Subsection (g) or was otherwise erroneous [system].
18-16 (f) Except as provided by Subsection (g), a state agency
18-17 shall report to the comptroller each person who is indebted to the
18-18 state or has a tax delinquency. The report must contain the
18-19 information and be submitted in the manner and with the frequency
18-20 required by the comptroller.
18-21 (g) A state agency may not report a person under Subsection
18-22 (f) unless the agency first provides the person with an opportunity
18-23 to exercise any due process or other constitutional or statutory
18-24 protection that must be accommodated before the agency or the state
18-25 may begin a collection action or procedure. The comptroller may
18-26 not investigate or determine whether a state agency has complied
18-27 with this prohibition.
19-1 (h) This section does not apply:
19-2 (1) to the extent Section 57.48, Education Code,
19-3 applies; or
19-4 (2) to the extent this section conflicts with Section
19-5 231.007, Family Code.
19-6 (i) This section does not prohibit the comptroller from
19-7 issuing a warrant or initiating an electronic funds transfer if:
19-8 (1) the warrant or transfer would result in a payment
19-9 being made in whole or in part with money paid to the state by the
19-10 United States; and
19-11 (2) the state agency that administers the money
19-12 certifies to the comptroller that federal law:
19-13 (A) requires the payment to be made; or
19-14 (B) conditions the state's receipt of those
19-15 funds on the payment being made.
19-16 (j) The comptroller may adopt rules and establish procedures
19-17 to administer this section.
19-18 (k) [(e)(1) This subsection applies when a payment is made
19-19 to a person other than through the comptroller's issuance of a
19-20 warrant or the comptroller's use of an electronic funds transfer
19-21 system.]
19-22 [(2) A state agency may not use funds inside or
19-23 outside the state treasury to pay a person if the person is
19-24 indebted or owes delinquent taxes to the state or owes delinquent
19-25 taxes under a tax that the comptroller administers or collects
19-26 until the debt or taxes are paid.]
19-27 [(3) This subsection does not prohibit a state agency
20-1 from paying the assignee of a person who is indebted or owes
20-2 delinquent taxes to the state if the assignment became effective
20-3 before the person became indebted to the state or delinquent in the
20-4 payment of taxes to the state.]
20-5 [(4) This subsection does not prohibit a state agency
20-6 from paying the compensation of:]
20-7 [(A) a state officer or employee; or]
20-8 [(B) an individual whose compensation is being
20-9 paid by a private person through the agency.]
20-10 [(5) The comptroller may not reimburse a state agency
20-11 for a payment that is made in violation of this subsection.]
20-12 [(f)] In this section:
20-13 (1) "Compensation" means base salary or [includes]
20-14 wages, [salaries,] longevity pay, hazardous duty pay, benefit
20-15 replacement pay, or an emolument [and emoluments that are] provided
20-16 in lieu of base salary or wages [or salaries]. [The term does not
20-17 include expense reimbursements.]
20-18 (2) "State agency" means a board, commission, council,
20-19 committee, department, office, agency, or other governmental entity
20-20 in the executive, legislative, or judicial branch of state
20-21 government. The term includes an institution of higher education
20-22 as defined by Section 61.003, Education Code, other than a public
20-23 junior or community college.
20-24 (3) "State officer or employee" means an officer or
20-25 employee of a state agency.
20-26 (4) "Tax delinquency" means a delinquency in payment
20-27 of:
21-1 (A) a tax to the state; or
21-2 (B) a tax that the comptroller administers or
21-3 collects.
21-4 [(g) If a person owes delinquent taxes under a tax that the
21-5 comptroller administers or collects, the comptroller may subtract
21-6 the delinquent amount from the total amount due the person from the
21-7 state, except from amounts due that are deemed to be current wages,
21-8 and issue a warrant for the difference. The delinquent person is
21-9 entitled to written notice of at least 20 days before the date of
21-10 the offset. The notice must conform to the notice requirements
21-11 under Sections 111.018(b)(1) through (3), Tax Code. The
21-12 comptroller may promulgate rules for the administration of this
21-13 section.]
21-14 SECTION 9. Subchapter D, Chapter 403, Government Code, is
21-15 amended by adding Section 403.0551 to read as follows:
21-16 Sec. 403.0551. DEDUCTIONS FOR REPAYMENT OF CERTAIN DEBTS OR
21-17 TAX DELINQUENCIES. (a) Except as provided by Subsections (b) and
21-18 (d), the comptroller may deduct the amount of a person's
21-19 indebtedness to the state or tax delinquency from any amount the
21-20 state owes the person or the person's successor. The comptroller
21-21 shall issue a warrant or initiate an electronic funds transfer to
21-22 the person or successor for any remaining amount.
21-23 (b) Subsection (a) applies to a person or the person's
21-24 successor only if:
21-25 (1) the comptroller has provided notice to the person
21-26 or successor that complies with Subsection (c);
21-27 (2) Section 57.48, Education Code, or Section 403.055
22-1 prohibits the comptroller from issuing a warrant or initiating an
22-2 electronic funds transfer to the person or successor; and
22-3 (3) the comptroller is responsible under Section
22-4 404.046, 404.069, or 2103.003 for paying the amount owed by the
22-5 state to the person or successor through the issuance of a warrant
22-6 or initiation of an electronic funds transfer.
22-7 (c) The comptroller shall provide notice to a person or the
22-8 person's successor before deducting the amount of the person's
22-9 indebtedness to the state or tax delinquency under Subsection (a).
22-10 The notice must:
22-11 (1) be given in a manner reasonably calculated to give
22-12 actual notice to the person or successor;
22-13 (2) state the:
22-14 (A) amount of the indebtedness or the amount of
22-15 the tax, penalties, interest, and costs due, as applicable; and
22-16 (B) name of the indebted or delinquent person;
22-17 (3) specify the deadline for paying the amount due;
22-18 and
22-19 (4) inform the person or successor that unless the
22-20 amount due is paid before the deadline, the comptroller will deduct
22-21 the amount of the indebtedness or delinquency from the amount the
22-22 state owes the person or successor.
22-23 (d) This section does not authorize the comptroller to
22-24 deduct the amount of a state employee's indebtedness to a state
22-25 agency from any amount of compensation owed by the agency to the
22-26 employee, the employee's successor, or the assignee of the employee
22-27 or successor. In this subsection, "compensation," "indebtedness,"
23-1 "state agency," "state employee," and "successor" have the meanings
23-2 assigned by Section 666.001.
23-3 (e) The comptroller shall credit the appropriate fund or
23-4 account for any amount deducted under this section if the
23-5 comptroller is the custodian or trustee of that fund or account.
23-6 The comptroller shall remit any amount deducted under this section
23-7 to the custodian or trustee of the appropriate fund or account if
23-8 the comptroller is not its custodian or trustee.
23-9 (f) The comptroller may determine the order that a person's
23-10 multiple types of indebtedness to the state or tax delinquencies
23-11 are deducted from the amount the state owes the person or the
23-12 person's successor.
23-13 (g) The assignee of a person or the person's successor is
23-14 considered to be a successor of the person for the purposes of this
23-15 section, except that a deduction under this section from the amount
23-16 owed to the assignee of a person or the person's successor may not
23-17 be made if the assignment became effective before the person became
23-18 indebted to the state or incurred the tax delinquency.
23-19 (h) The comptroller may adopt rules and establish procedures
23-20 to administer this section.
23-21 (i) Except as provided by Subsection (d), in this section,
23-22 "successor" means a person's estate and the distributees of that
23-23 estate.
23-24 SECTION 10. Subchapter D, Chapter 403, Government Code, is
23-25 amended by adding Section 403.0552 to read as follows:
23-26 Sec. 403.0552. PREPARATION AND RETENTION OF CERTAIN
23-27 WARRANTS. (a) The comptroller may prepare and retain a warrant
24-1 that Section 57.48, Education Code, Section 231.007, Family Code,
24-2 or Section 403.055 prohibits the comptroller from issuing.
24-3 (b) The comptroller may prepare a warrant to make a payment
24-4 that Section 57.48, Education Code, Section 231.007, Family Code,
24-5 or Section 403.055 prohibits the comptroller from initiating by
24-6 electronic funds transfer.
24-7 (c) If the comptroller prepares a warrant under Subsection
24-8 (a) or (b), the comptroller shall:
24-9 (1) make the warrant payable to the person to whom the
24-10 warrant may not be issued or an electronic funds transfer may not
24-11 be initiated; and
24-12 (2) retain the warrant until the earliest of:
24-13 (A) the first day the warrant may no longer be
24-14 paid by the comptroller under Section 404.046 or other applicable
24-15 law;
24-16 (B) the date the comptroller deducts the amount
24-17 of the person's indebtedness to the state or tax delinquency from
24-18 the amount of the warrant under Section 403.0551, Chapter 666, or
24-19 other applicable law; or
24-20 (C) the first day the comptroller is no longer
24-21 prohibited from issuing the warrant or initiating an electronic
24-22 funds transfer to that person.
24-23 (d) The comptroller may not cancel or destroy a warrant
24-24 prepared under Subsection (a) or (b) unless the comptroller
24-25 receives a request for the cancellation or destruction from the
24-26 state agency that submitted the voucher requesting issuance of the
24-27 warrant or initiation of the electronic funds transfer and:
25-1 (1) the agency informs the comptroller that the
25-2 voucher was erroneous or was submitted erroneously;
25-3 (2) the agency is the only state agency responsible
25-4 for collecting the indebtedness or tax delinquency of the payee of
25-5 the warrant; or
25-6 (3) all state agencies that are responsible for
25-7 collecting the indebtedness or tax delinquency of the payee of the
25-8 warrant consent to the cancellation or destruction.
25-9 (e) For purposes of Subsection (d)(1), a voucher is not
25-10 erroneous and is not submitted erroneously merely because the
25-11 comptroller is prohibited by Section 57.48, Education Code, Section
25-12 231.007, Family Code, or Section 403.055 from issuing a warrant or
25-13 initiating an electronic funds transfer in accordance with the
25-14 voucher.
25-15 SECTION 11. Section 403.060(a), Government Code, is amended
25-16 to read as follows:
25-17 (a) The comptroller may delegate to a person [state agency]
25-18 the authority to print warrants [at the agency's location] and
25-19 deliver those warrants to the appropriate person. However, before
25-20 a person [an agency] may print and deliver a warrant, the
25-21 comptroller must approve a voucher related to the warrant in
25-22 accordance with Section 403.071.
25-23 SECTION 12. Section 404.046, Government Code, is amended to
25-24 read as follows:
25-25 Sec. 404.046. PAYMENT FROM TREASURY. The comptroller shall
25-26 pay warrants the comptroller draws on the treasury that are
25-27 authorized by law. Except as provided by Section 403.0271, money
26-1 [Money] may not be paid out of the treasury except on a warrant
26-2 drawn or an electronic funds transfer initiated by [the warrants
26-3 of] the comptroller. A [, and a] warrant may not be paid by the
26-4 comptroller unless presented for payment to a financial institution
26-5 or the comptroller before two years after the close of the fiscal
26-6 year in which the warrant was issued. Claims for the payment of
26-7 warrants presented after that time may be presented to the
26-8 legislature for appropriations from which the claims may be paid.
26-9 SECTION 13. Section 404.069(a), Government Code, is amended
26-10 to read as follows:
26-11 (a) All money and securities deposited with the comptroller
26-12 in trust for any legal purpose may be received by the comptroller
26-13 as provided by Section 403.052. The money or securities shall be
26-14 held in trust by the comptroller in the same manner as the
26-15 departmental suspense account. Except as provided by Section
26-16 403.0271, the money may be withdrawn only on a [Withdrawal shall be
26-17 by] warrant drawn or an electronic funds transfer initiated by the
26-18 comptroller. The securities may be withdrawn only by [in the case
26-19 of money and] withdrawal authorization [in the case of securities.
26-20 Those instruments shall be issued by the comptroller as provided by
26-21 Sections 403.011 and 403.056].
26-22 SECTION 14. Section 608.002(b), Government Code, is amended
26-23 to read as follows:
26-24 (b) An authorization must:
26-25 (1) be in writing or recorded by electronic means; and
26-26 (2) state:
26-27 (A) the period for which the authorization is to
27-1 be in effect; [and]
27-2 (B) the amount to be deducted; and
27-3 (C) the denomination of the savings bonds to be
27-4 purchased.
27-5 SECTION 15. Section 608.003(b), Government Code, is amended
27-6 to read as follows:
27-7 (b) If a withholding is made, the department administrator
27-8 or disbursing officer shall make a deduction when the payroll of a
27-9 state department or a political subdivision is presented to the
27-10 comptroller or disbursing officer, as appropriate, [for the
27-11 issuance of warrants] for payment.
27-12 SECTION 16. Section 608.005, Government Code, is amended to
27-13 read as follows:
27-14 Sec. 608.005. PAYMENT [ISSUANCE OF WARRANT] TO DEPARTMENT
27-15 ADMINISTRATOR OR DISBURSING OFFICER. (a) When the payroll of a
27-16 state department is presented to the comptroller for payment, the
27-17 comptroller shall pay [issue] to the department administrator [a
27-18 warrant for] the full amount deducted from the department's payroll
27-19 for the payroll period to purchase savings bonds on behalf of
27-20 department officers and employees.
27-21 (b) When the payroll of a political subdivision is presented
27-22 to the disbursing officer for payment, the disbursing officer shall
27-23 pay [issue] to the disbursing officer [a warrant for] the full
27-24 amount deducted from the political subdivision's payroll for the
27-25 payroll period to purchase savings bonds on behalf of officers and
27-26 employees of the political subdivision.
27-27 SECTION 17. Section 608.007, Government Code, is amended to
28-1 read as follows:
28-2 Sec. 608.007. TRUST ACCOUNT. (a) A department
28-3 administrator shall deposit money received [a warrant issued] under
28-4 Section 608.005(a) with the comptroller to be held in trust by the
28-5 comptroller until disbursed by the department administrator to
28-6 purchase savings bonds for an individual designated in an
28-7 authorization under Section 608.002 filed with the department
28-8 administrator.
28-9 (b) A disbursing officer shall deposit money received [a
28-10 warrant issued] under Section 608.005(b) with the comptroller of
28-11 the political subdivision to be held in trust by the comptroller
28-12 until disbursed by the disbursing officer to purchase savings bonds
28-13 for an individual designated in an authorization under Section
28-14 608.002 filed with the disbursing officer.
28-15 (c) Money [A warrant] held in trust under this section shall
28-16 be deposited in an account designated as the savings bond payroll
28-17 savings account. [The comptroller shall pay out money deposited in
28-18 the account on proper warrants drawn by the department
28-19 administrator or disbursing officer, as appropriate.]
28-20 SECTION 18. Section 608.010(b), Government Code, is amended
28-21 to read as follows:
28-22 (b) On termination as provided by Subsection (a), any money
28-23 that has been deducted from an officer's or employee's compensation
28-24 but has not been used to purchase savings bonds shall be remitted
28-25 immediately [by proper warrant] to the individual from whose
28-26 compensation the money has been deducted.
28-27 SECTION 19. Subtitle B, Title 6, Government Code, is amended
29-1 by adding Chapter 666 to read as follows:
29-2 CHAPTER 666. PAYROLL DEDUCTION TO RECOUP EXCESS
29-3 COMPENSATION PAID TO A STATE OFFICER OR EMPLOYEE
29-4 Sec. 666.001. DEFINITIONS. In this chapter:
29-5 (1) "Compensation" includes:
29-6 (A) base salary or wages;
29-7 (B) longevity or hazardous duty pay;
29-8 (C) benefit replacement pay;
29-9 (D) a payment for the balance of vacation and
29-10 sick leave under Subchapter B, Chapter 661;
29-11 (E) a payment for the accrued balance of
29-12 vacation time under Subchapter C, Chapter 661; and
29-13 (F) an emolument provided in lieu of base salary
29-14 or wages.
29-15 (2) "Indebtedness" means the amount of compensation
29-16 paid to a state employee that exceeds the amount the employee is
29-17 eligible to receive under law.
29-18 (3) "State agency" means a board, commission, council,
29-19 committee, department, office, agency, or other governmental entity
29-20 in the executive, legislative, or judicial branch of state
29-21 government. The term includes:
29-22 (A) the Texas Guaranteed Student Loan
29-23 Corporation; and
29-24 (B) an institution of higher education as
29-25 defined by Section 61.003, Education Code, other than a public
29-26 junior or community college.
29-27 (4) "State employee" means an officer or employee of a
30-1 state agency.
30-2 (5) "Successor" means:
30-3 (A) the estate of a deceased state employee;
30-4 (B) the surviving spouse of a deceased state
30-5 employee; or
30-6 (C) the distributees of the estate of a deceased
30-7 state employee.
30-8 Sec. 666.002. DEDUCTION AUTHORIZATION. (a) A state agency
30-9 may deduct the amount of a state employee's indebtedness to the
30-10 agency from any amount of compensation the agency owes the employee
30-11 or the employee's successor if:
30-12 (1) the agency provides a notice to the employee or
30-13 successor that complies with Section 666.003;
30-14 (2) the agency provides the employee or successor with
30-15 an opportunity to exercise any due process or other constitutional
30-16 or statutory protection that must be accommodated before the agency
30-17 may begin a collection action or procedure;
30-18 (3) the agency determines that the deduction would not
30-19 violate any applicable law or rule of this state or the United
30-20 States; and
30-21 (4) the comptroller is not responsible under Section
30-22 404.046, 404.069, or 2103.003 for paying the amount owed by the
30-23 agency to the employee or successor through the issuance of a
30-24 warrant or initiation of an electronic funds transfer.
30-25 (b) The comptroller may deduct the amount of a state
30-26 employee's indebtedness to a state agency from any amount of
30-27 compensation the agency owes the employee or the employee's
31-1 successor if:
31-2 (1) the agency provides a notice to the employee or
31-3 successor that complies with Section 666.003;
31-4 (2) the agency requests the comptroller to make the
31-5 deduction in accordance with Section 666.005; and
31-6 (3) the comptroller is responsible under Section
31-7 404.046, 404.069, or 2103.003 for paying the amount owed by the
31-8 agency to the employee or the successor through the issuance of a
31-9 warrant or initiation of an electronic funds transfer.
31-10 Sec. 666.003. NOTICE. (a) A state agency shall provide
31-11 notice to a state employee or the employee's successor before the
31-12 agency:
31-13 (1) deducts the amount of the employee's indebtedness
31-14 to the agency under Section 666.002(a); or
31-15 (2) requests the comptroller to make a deduction under
31-16 Section 666.002(b).
31-17 (b) The notice must:
31-18 (1) be given in a manner reasonably calculated to give
31-19 actual notice to the employee or successor;
31-20 (2) state the:
31-21 (A) amount of the indebtedness; and
31-22 (B) name of the indebted employee;
31-23 (3) specify the date by which the indebtedness must be
31-24 paid; and
31-25 (4) inform the employee or successor that unless the
31-26 indebtedness is paid on or before the date specified, the amount of
31-27 the indebtedness may be deducted from any amount of compensation
32-1 the agency owes the employee or successor.
32-2 Sec. 666.004. PAYMENT OF AMOUNT REMAINING. Any amount that
32-3 remains owed after a deduction under Section 666.002 shall be paid
32-4 to the state employee or successor.
32-5 Sec. 666.005. DEDUCTION REQUESTS TO THE COMPTROLLER. (a) A
32-6 state agency may not request the comptroller to make a deduction
32-7 from compensation owed to a state employee or successor under
32-8 Section 666.002(b) before the agency:
32-9 (1) provides the employee or successor the opportunity
32-10 to exercise any due process or other constitutional or statutory
32-11 protection that must be accommodated before a collection action or
32-12 procedure may begin; and
32-13 (2) determines that the deduction would not violate
32-14 any applicable law or rule of this state or the United States.
32-15 (b) The comptroller may not investigate or determine whether
32-16 the agency has complied with Subsection (a)(1). The comptroller
32-17 may rely on a determination made under Subsection (a)(2).
32-18 (c) A state agency's request to the comptroller to make a
32-19 deduction under Section 666.002(b) must comply with the
32-20 comptroller's requirements for format, content, and frequency.
32-21 Sec. 666.006. ASSIGNEES. The assignee of a state employee
32-22 or the employee's successor is considered to be a successor for the
32-23 purposes of this chapter, except that a deduction under this
32-24 chapter from the compensation owed to the assignee of a state
32-25 employee or the employee's successor may not be made if the
32-26 assignment became effective after the employee incurred the
32-27 indebtedness.
33-1 Sec. 666.007. ADMINISTRATION. The comptroller may adopt
33-2 rules and establish procedures to administer this chapter.
33-3 SECTION 20. Section 2103.003, Government Code, is amended to
33-4 read as follows:
33-5 Sec. 2103.003. STATE AGENCY SPENDING OF APPROPRIATED FUNDS.
33-6 A state agency may spend appropriated funds only by:
33-7 (1) a warrant drawn by:
33-8 (A) the comptroller; or
33-9 (B) a state agency to which the comptroller has
33-10 delegated authority to print warrants under Section 403.060; [or]
33-11 (2) an electronic funds transfer initiated by the
33-12 comptroller; or
33-13 (3) a debit to a state account by a person authorized
33-14 under Section 403.0271.
33-15 SECTION 21. Chapter 2107, Government Code, is amended by
33-16 adding Section 2107.008 to read as follows:
33-17 Sec. 2107.008. PAYMENTS TO DEBTORS OR DELINQUENTS
33-18 PROHIBITED. (a) Except as provided by this section, a state
33-19 agency, as a ministerial duty, may not use funds in or outside of
33-20 the state treasury to pay a person if:
33-21 (1) Section 403.055 prohibits the comptroller from
33-22 issuing a warrant or initiating an electronic funds transfer to the
33-23 person; or
33-24 (2) the person is indebted to the state or has a tax
33-25 delinquency, the agency is responsible for collecting that
33-26 indebtedness or delinquency, and Section 403.055 does not prohibit
33-27 the comptroller from issuing a warrant or initiating an electronic
34-1 funds transfer to the person.
34-2 (b) A state agency may not pay the assignee of a person that
34-3 the agency may not pay under Subsection (a)(1) if Section 403.055
34-4 prohibits the comptroller from issuing a warrant or initiating an
34-5 electronic funds transfer to the assignee. The agency may not pay
34-6 the assignee of a person that the agency may not pay under
34-7 Subsection (a)(2) if the assignment became effective after the
34-8 person became indebted to the state or incurred a tax delinquency.
34-9 (c) A state agency that is prohibited by Subsection (a) may
34-10 not pay:
34-11 (1) the person's estate;
34-12 (2) the distributees of the person's estate; or
34-13 (3) the person's surviving spouse.
34-14 (d) This section does not prohibit a state agency from
34-15 paying a person subject to Subsection (a)(2) or the person's
34-16 assignee if the agency determines that the person is complying with
34-17 an installment payment agreement or similar agreement between the
34-18 agency and that person to pay or eliminate the debt or delinquency.
34-19 (e) The comptroller may not reimburse a state agency for a
34-20 payment that the comptroller determines was made in violation of
34-21 this section.
34-22 (f) Subsection (a)(2) does not prohibit a state agency from
34-23 paying:
34-24 (1) compensation to a state officer or employee; or
34-25 (2) remuneration to an individual if the remuneration
34-26 is being paid by a private person through the agency.
34-27 (g) Subsection (a)(2) does not prohibit a state agency from
35-1 making a payment if:
35-2 (1) the payment would be made in whole or in part with
35-3 money paid to the state by the United States; and
35-4 (2) the agency determines that federal law:
35-5 (A) requires the payment to be made; or
35-6 (B) conditions the state's receipt of the money
35-7 on the payment being made.
35-8 (h) A state agency may not refuse to make a payment under
35-9 Subsection (a)(2) before the agency has provided the person with an
35-10 opportunity to exercise any due process or other constitutional or
35-11 statutory protection that must be accommodated before the agency or
35-12 the state may begin a collection action or procedure.
35-13 (i) This section does not apply to the extent that Section
35-14 57.482, Education Code, applies.
35-15 (j) This section applies to a payment only if the
35-16 comptroller is not responsible under Section 404.046, 404.069, or
35-17 2103.003 for issuing a warrant or initiating an electronic funds
35-18 transfer to make the payment.
35-19 (k) Notwithstanding Section 2107.001, in this section
35-20 "compensation," "state agency," "state officer or employee," and
35-21 "tax delinquency" have the meanings assigned by Section 403.055.
35-22 SECTION 22. Section 2254.030, Government Code, is amended to
35-23 read as follows:
35-24 Sec. 2254.030. PUBLICATION IN TEXAS REGISTER AFTER ENTERING
35-25 INTO MAJOR CONSULTING SERVICES CONTRACT. Not later than the 20th
35-26 [10th] day after the date of entering into a major consulting
35-27 services contract, the contracting state agency shall file with the
36-1 secretary of state for publication in the Texas Register:
36-2 (1) a description of the activities that the
36-3 consultant will conduct;
36-4 (2) the name and business address of the consultant;
36-5 (3) the total value and the beginning and ending dates
36-6 of the contract; and
36-7 (4) the dates on which documents, films, recordings,
36-8 or reports that the consultant is required to present to the agency
36-9 are due.
36-10 SECTION 23. Sections 2254.031(a) and (c), Government Code,
36-11 are amended to read as follows:
36-12 (a) A state agency that intends to renew a major consulting
36-13 services contract shall:
36-14 (1) file with the secretary of state for publication
36-15 in the Texas Register the information required by Section 2254.030
36-16 not later than the 20th [10th] day after the date the contract is
36-17 renewed if the renewal contract is not a major consulting services
36-18 contract; or
36-19 (2) comply with Sections 2254.028 and 2254.029 if the
36-20 renewal contract is a major consulting services contract.
36-21 (c) A state agency that intends to amend or extend a major
36-22 consulting services contract shall:
36-23 (1) not later than the 20th [10th] day after the date
36-24 the contract is amended or extended, file the information required
36-25 by Section 2254.030 with the secretary of state for publication in
36-26 the Texas Register if the contract after the amendment or extension
36-27 is not a major consulting services contract; or
37-1 (2) comply with Sections 2254.028 and 2254.029 if the
37-2 contract after the amendment or extension is a major consulting
37-3 services contract.
37-4 SECTION 24. Section 2254.034(c), Government Code, is amended
37-5 to read as follows:
37-6 (c) If a contract is void under this section:
37-7 (1) the comptroller may not draw a warrant or transmit
37-8 money to satisfy an obligation under the contract; and
37-9 (2) a state agency may not make any payment under the
37-10 contract with state or federal money or money held in or outside
37-11 the state treasury [until the agency has complied with Sections
37-12 2254.029 through 2254.031].
37-13 SECTION 25. Section 31.038, Human Resources Code, is amended
37-14 to read as follows:
37-15 Sec. 31.038. CANCELLATION OF UNCASHED WARRANTS. The [On
37-16 authorization by the] department[, the comptroller] may cancel a
37-17 financial assistance warrant [warrants] that has [have] not been
37-18 cashed within a reasonable period of time after issuance. The
37-19 cancellation must be performed in the manner required by rules of
37-20 the comptroller.
37-21 SECTION 26. (a) Sections 481.0841, 608.004, and 608.012,
37-22 Government Code, are repealed.
37-23 (b) Section 5.101(f), Tax Code, is repealed.
37-24 SECTION 27. (a) The comptroller may adopt rules and take
37-25 other actions before January 1, 2000, that the comptroller
37-26 considers necessary or appropriate to prepare for Sections 1, 2, 4,
37-27 8-10, 19, and 21 of this Act to take effect. This subsection does
38-1 not authorize the comptroller to adopt any rule or take any action
38-2 that Sections 1, 2, 4, 8-10, 19, and 21 of this Act would not
38-3 authorize the comptroller to adopt or take if those sections took
38-4 effect immediately.
38-5 (b) A state agency may take before January 1, 2000, the
38-6 actions that the agency considers necessary or appropriate to
38-7 prepare for Sections 1, 2, 4, 8-10, 19, and 21 of this Act to take
38-8 effect. This subsection does not authorize a state agency to take
38-9 any action that Sections 1, 2, 4, 8-10, 19, and 21 of this Act
38-10 would not authorize the agency to take if those sections took
38-11 effect immediately. In this subsection, "state agency" does not
38-12 include the comptroller.
38-13 SECTION 28. The repeal of Section 608.004, Government Code,
38-14 by Section 26(a) of this Act is intended only to repeal a redundant
38-15 law. The repeal does not imply that on and after the effective
38-16 date of Section 26 of this Act:
38-17 (1) the amount an officer or employee authorizes to be
38-18 deducted from the officer's or employee's compensation for the
38-19 purchase of savings bonds may not actually be withheld and deducted
38-20 as authorized by Section 608.003, Government Code; or
38-21 (2) the amount of an officer's or employee's
38-22 compensation remaining after all authorized deductions have been
38-23 made may not be paid to the officer or employee.
38-24 SECTION 29. The changes in law made by Sections 22 and 23 of
38-25 this Act apply only to a major consulting services contract that is
38-26 entered into, renewed, amended, or extended on and after the
38-27 effective date of those sections. A major consulting services
39-1 contract that is entered into, renewed, amended, or extended before
39-2 that date is governed by the law in effect on the date the contract
39-3 is entered into, renewed, amended, or extended, and the former law
39-4 is continued in effect for that purpose.
39-5 SECTION 30. The comptroller may adopt rules and take other
39-6 actions before September 1, 1999, that the comptroller considers
39-7 necessary or appropriate to prepare for Sections 6, 22, 23, and 29
39-8 of this Act to take effect. This section does not authorize the
39-9 comptroller to adopt any rule or take any action that Sections 6,
39-10 22, 23, and 29 of this Act would not authorize the comptroller to
39-11 adopt or take if those sections took effect immediately.
39-12 SECTION 31. This Act takes effect immediately except that:
39-13 (1) Sections 6, 22, 23, and 29 take effect September
39-14 1, 1999; and
39-15 (2) Sections 1, 2, 4, 8-10, 19, and 21 take effect
39-16 January 1, 2000.
39-17 SECTION 32. The importance of this legislation and the
39-18 crowded condition of the calendars in both houses create an
39-19 emergency and an imperative public necessity that the
39-20 constitutional rule requiring bills to be read on three several
39-21 days in each house be suspended, and this rule is hereby suspended,
39-22 and that this Act take effect and be in force according to its
39-23 terms, and it is so enacted.
39-24 COMMITTEE AMENDMENT NO. 1
39-25 Amend H.B. No. 3211 as follows:
39-26 (1) On page 4, lines 16 and 17, strike "those funds" and
39-27 substitute "the money".
40-1 (2) On page 5, strike line 16 and substitute "making a
40-2 payment to a person also is prohibited from paying any part of that
40-3 payment to:".
40-4 (3) On page 10, line 19, strike "compensation to" and
40-5 substitute "the compensation of".
40-6 (4) On page 10, line 21, strike "remuneration to" and
40-7 substitute "the remuneration of".
40-8 (5) On page 17, line 23, strike "compensation to" and
40-9 substitute "the compensation of".
40-10 (6) On page 17, line 24, strike "remuneration to" and
40-11 substitute "the remuneration of".
40-12 (7) On page 19, lines 14 and 15, strike "those funds" and
40-13 substitute "the money".
40-14 (8) On page 33, line 9, strike "state agency to which" and
40-15 substitute "person that [state agency to which]".
40-16 (9) On page 34, strike lines 9 and 10 and substitute:
40-17 (c) A state agency that Subsection (a) prohibits from making
40-18 a payment to a person also is prohibited from paying any part of
40-19 that payment to:
40-20 (10) On page 34, line 24, strike "compensation to" and
40-21 substitute "the compensation of".
40-22 (11) On page 34, line 25, strike "remuneration to" and
40-23 substitute "the remuneration of".
40-24 76R11325 JJT-F Craddick