By: McCall (Senate Sponsor - Duncan) H.B. No. 3211
1-1 By: McCall (Senate Sponsor - Duncan) H.B. No. 3211
1-2 (In the Senate - Received from the House May 3, 1999;
1-3 May 3, 1999, read first time and referred to Committee on Finance;
1-4 May 12, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 10, Nays 0; May 12, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 3211 By: Duncan
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to state fiscal matters.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 57.48, Education Code, is amended to read
1-13 as follows:
1-14 Sec. 57.48. PAYMENTS BY THE COMPTROLLER [WARRANTS NOT TO BE
1-15 ISSUED] TO DEFAULTING PERSONS PROHIBITED [PARTIES]. (a) Except as
1-16 provided by Subsection (g), the [The] corporation shall report to
1-17 the comptroller [of public accounts] the name of any person who is
1-18 in default on a loan guaranteed under this chapter. The report
1-19 must contain the information and be submitted in the manner and
1-20 with the frequency required by rules of the comptroller.
1-21 (b) Except as provided by this section, the [The]
1-22 comptroller, as a ministerial duty, [of public accounts] may not
2-1 issue a warrant or initiate an electronic funds transfer to a [any]
2-2 person who has been reported properly under Subsection (a) [by the
2-3 corporation to be in default on a loan guaranteed under this
2-4 chapter].
2-5 (c) The comptroller may not issue a warrant or initiate an
2-6 electronic funds transfer to the assignee of a person who has been
2-7 reported properly under Subsection (a) [is in default only] if the
2-8 assignment became effective after [before] the person defaulted.
2-9 (d) If this section prohibits the comptroller from issuing a
2-10 warrant or initiating an electronic funds transfer to a person, the
2-11 comptroller may not issue a warrant or initiate an electronic funds
2-12 transfer to:
2-13 (1) the person's estate;
2-14 (2) the distributees of the person's estate; or
2-15 (3) the person's surviving spouse.
2-16 (e) This [(d) When this] section does not prohibit
2-17 [prohibits] the comptroller from issuing a warrant or initiating an
2-18 electronic funds transfer to a person reported properly under
2-19 Subsection (a) or to the assignee of the person if the corporation
2-20 subsequently and properly reports to [,] the comptroller that:
2-21 (1) the person is complying with an installment
2-22 payment agreement or similar agreement to eliminate the default,
2-23 unless the corporation subsequently and properly reports to the
2-24 comptroller that the person no longer is complying with the
2-25 agreement;
2-26 (2) the default is being eliminated by deductions of
2-27 money from the person's compensation under the garnishment
3-1 provisions of 20 U.S.C. Section 1095a, unless the corporation
3-2 subsequently and properly reports to the comptroller that the
3-3 default is no longer being eliminated by the deductions;
3-4 (3) the default has been eliminated; or
3-5 (4) the report of default was prohibited by Subsection
3-6 (g) or was otherwise erroneous [is also prohibited from using an
3-7 electronic funds transfer system to pay the person].
3-8 (f) [(e)] This section does not prohibit the comptroller
3-9 from issuing a warrant or initiating an electronic funds transfer
3-10 to pay [the compensation of]:
3-11 (1) the compensation of a state officer or employee;
3-12 or
3-13 (2) the remuneration of an individual if the
3-14 remuneration [whose compensation] is being paid by a private person
3-15 through a state agency.
3-16 (g) The corporation may not report a person under Subsection
3-17 (a) unless the corporation first provides the person with an
3-18 opportunity to exercise any due process or other constitutional or
3-19 statutory protection that must be accommodated before the
3-20 corporation may begin a collection action or procedure. The
3-21 comptroller may not investigate or determine whether the
3-22 corporation has complied with this prohibition [(f)(1) This
3-23 subsection applies when a payment is made to a person other than
3-24 through the comptroller's issuance of a warrant or the
3-25 comptroller's use of an electronic funds transfer system.]
3-26 [(2) A state agency may not use funds inside or
3-27 outside the state treasury to pay a person if the person is in
4-1 default on a loan guaranteed under this chapter.]
4-2 [(3) This subsection does not prohibit a state agency
4-3 from paying the assignee of a person who is in default on a loan
4-4 guaranteed under this chapter if the assignment became effective
4-5 before the person defaulted.]
4-6 [(4) This subsection does not prohibit a state agency
4-7 from paying the compensation of:]
4-8 [(A) a state officer or employee; or]
4-9 [(B) an individual whose compensation is being
4-10 paid by a private person through the agency.]
4-11 [(5) The comptroller may not reimburse a state agency
4-12 for a payment that is made in violation of this subsection].
4-13 (h) This section does not prohibit the comptroller from
4-14 issuing a warrant or initiating an electronic funds transfer if:
4-15 (1) the warrant or transfer would result in a payment
4-16 being made in whole or in part with money paid to the state by the
4-17 United States; and
4-18 (2) the state agency that administers the money
4-19 certifies to the comptroller that federal law:
4-20 (A) requires the payment to be made; or
4-21 (B) conditions the state's receipt of the money
4-22 on the payment being made.
4-23 (i) The comptroller may adopt rules and establish procedures
4-24 to administer this section.
4-25 (j) [(g)] In this section:
4-26 (1) "Compensation" means base salary or [includes]
4-27 wages, [salaries,] longevity pay, hazardous duty pay, benefit
5-1 replacement pay, or an emolument [and emoluments that are] provided
5-2 in lieu of base salary or wages [or salaries]. [The term does not
5-3 include expense reimbursements.]
5-4 (2) "State agency" means a board, commission, council,
5-5 committee, department, office, agency, or other governmental entity
5-6 in the executive, legislative, or judicial branch of state
5-7 government. The term includes an institution of higher education
5-8 as defined by Section 61.003, other than a public junior or
5-9 community college [Education Code].
5-10 (3) "State officer or employee" means an officer or
5-11 employee of a state agency.
5-12 SECTION 2. Subchapter C, Chapter 57, Education Code, is
5-13 amended by adding Section 57.482 to read as follows:
5-14 Sec. 57.482. PAYMENTS BY A STATE AGENCY TO DEFAULTING
5-15 PERSONS PROHIBITED. (a) A state agency, as a ministerial duty,
5-16 may not use funds inside or outside the state treasury to pay a
5-17 person or the person's assignee if Section 57.48 prohibits the
5-18 comptroller from issuing a warrant or initiating an electronic
5-19 funds transfer to the person or assignee.
5-20 (b) A state agency that is prohibited by Subsection (a) from
5-21 making a payment to a person also is prohibited from paying any
5-22 part of that payment to:
5-23 (1) the person's estate;
5-24 (2) the distributees of the person's estate; or
5-25 (3) the person's surviving spouse.
5-26 (c) The comptroller may not reimburse a state agency for a
5-27 payment that the comptroller determines was made in violation of
6-1 this section.
6-2 (d) This section applies to a payment only if the
6-3 comptroller is not responsible under Section 404.046, 404.069, or
6-4 2103.003, Government Code, for issuing a warrant or initiating an
6-5 electronic funds transfer to make the payment.
6-6 (e) In this section, "state agency" has the meaning assigned
6-7 by Section 57.48.
6-8 SECTION 3. Section 62.021(a), Education Code, is amended to
6-9 read as follows:
6-10 (a) Each fiscal year, an eligible institution is entitled to
6-11 receive an amount allocated in accordance with this section from
6-12 funds appropriated by Section 17(a), Article VII, Texas [Section
6-13 17(a), of the] Constitution [of Texas]. The comptroller [of public
6-14 accounts] shall distribute funds allocated under this subsection
6-15 only on presentation of a claim and issuance of a warrant in
6-16 accordance with Section 403.071, Government Code. The comptroller
6-17 may not issue a warrant from any funds allocated under this
6-18 subsection before the delivery of goods or services described in
6-19 Section 17, Article VII, Texas Constitution, except for the payment
6-20 of principal or interest on bonds or notes or for a payment for a
6-21 book or other published library material as authorized by Section
6-22 2155.386, Government Code. The allocation of funds under this
6-23 subsection is made in accordance with an equitable formula
6-24 consisting of the following elements: space deficit, facilities
6-25 condition, institutional complexity, separate allocations for
6-26 medical units and the Texas State Technical College System, and an
6-27 additional allocation for Texas Southern University for compliance
7-1 with the Texas Desegregation Plan. The amounts allocated by the
7-2 formula are as follows:
7-3 $ 5,256,817 [$ 5,572,558] Texas A&M University--Commerce, [East
7-4 Texas State University] including an
7-5 allocation of $1,027,070 to Texas A&M
7-6 University--Texarkana [East Texas State
7-7 University at Texarkana];
7-8 $ 8,818,023 [$ 9,468,548] Lamar University, including an
7-9 allocation of $743,967 to Lamar
7-10 University at Orange and an allocation
7-11 of $2,336,605 to Lamar University at
7-12 Port Arthur;
7-13 $ 3,007,669 [$ 2,862,203] Midwestern State University;
7-14 $18,021,033 [$20,217,740] University of North Texas;
7-15 $ 7,131,692 [$10,174,500] The University of Texas--Pan American,
7-16 including an allocation of $1,050,580 to
7-17 [and] The University of Texas at
7-18 Brownsville;
7-19 $ 6,633,109 [$ 6,468,273] Stephen F. Austin State University;
7-20 $ 3,640,000 University of North Texas Health Science
7-21 Center at Fort Worth;
7-22 $26,132,524 [$23,181,556] Texas State University System
7-23 Administration and the following
7-24 component institutions, including an
7-25 allocation of $3,887,211 to [:] Angelo
7-26 State University; an allocation of
7-27 $5,864,608 to Sam Houston State
8-1 University; an allocation of $14,479,112
8-2 to Southwest Texas State University; an
8-3 allocation of $1,635,271 to Sul Ross
8-4 State University; and an allocation of
8-5 $266,322 to Sul Ross State
8-6 University-Rio Grande College [including
8-7 Uvalde Center];
8-8 $ 7,191,493 [$ 8,199,288] Texas Southern University (includes
8-9 allocation of $1,000,000 for compliance
8-10 with Texas Desegregation Plan);
8-11 $20,961,881 [$16,887,085] Texas Tech University;
8-12 $ 7,735,000 Texas Tech University Health Sciences
8-13 Center;
8-14 $ 6,974,897 [$ 6,849,160] Texas Woman's University;
8-15 $36,952,989 [$37,726,969] University of Houston System
8-16 Administration and the following
8-17 component institutions, including an
8-18 allocation of $25,986,116 to the[:]
8-19 University of Houston; an allocation of
8-20 $1,659,449 to the University of
8-21 Houston--Victoria; an allocation of
8-22 $3,853,447 to the University of
8-23 Houston--Clear Lake; and an allocation
8-24 of $5,453,977 to the University of
8-25 Houston--Downtown;
8-26 $12,692,873 [$12,167,120] The following components of The Texas
8-27 A&M University System, including an
9-1 allocation of $3,687,722 to Texas A&M
9-2 University--Corpus Christi; an
9-3 allocation of $1,778,155 to Texas A&M
9-4 International University; an allocation
9-5 of $3,555,651 to Texas A&M
9-6 University--Kingsville; and an
9-7 allocation of $3,671,345 to West Texas
9-8 A&M University; and
9-9 $ 3,850,000 Texas State Technical College System
9-10 Administration and the following
9-11 component campuses, but not its
9-12 extension centers or programs: Texas
9-13 State Technical College-Amarillo; Texas
9-14 State Technical College-Harlingen; Texas
9-15 State Technical College-Sweetwater;
9-16 Texas State Technical College--Waco.
9-17 SECTION 4. Section 66.02, Education Code, is amended to read
9-18 as follows:
9-19 Sec. 66.02. Available University Fund. Distributions [The
9-20 dividends, interest, and other income] from the permanent
9-21 university fund[, including the net income attributable to the
9-22 surface of permanent university fund land, but excluding
9-23 administrative expenses,] shall constitute the available university
9-24 fund. All distributions from [interest, dividends, and other
9-25 income accruing and earned from the investments of] the permanent
9-26 university fund shall be deposited in the State Treasury to the
9-27 credit of the available university fund [at least once a month] by
10-1 the board of regents of The University of Texas System or by the
10-2 custodian or custodians of the permanent university fund's
10-3 securities. The University of Texas System shall provide the
10-4 information necessary for the comptroller to accurately account for
10-5 distributions [income] from the permanent university fund and to
10-6 protect state revenues. The system shall provide the information
10-7 using the method, format, and frequency required by the
10-8 comptroller.
10-9 SECTION 5. Subchapter A, Chapter 66, Education Code, is
10-10 amended by adding Section 66.09 to read as follows:
10-11 Sec. 66.09. COST VALUE OF INVESTMENTS AND OTHER ASSETS OF
10-12 THE PERMANENT UNIVERSITY FUND. If substantially all of the assets
10-13 of the permanent university fund are invested in an internal
10-14 investment fund established by the board of regents of The
10-15 University of Texas System, the cost value of the permanent
10-16 university fund's investment in the commingled fund for the purpose
10-17 of Sections 18(a) and (b), Article VII, Texas Constitution, shall
10-18 be calculated by multiplying the permanent university fund's
10-19 ownership percentage in the commingled fund by the commingled
10-20 fund's net asset value at cost as determined by the board of
10-21 regents. The permanent university fund's ownership percentage of
10-22 the commingled fund shall be determined by dividing the permanent
10-23 university fund's units of participation or shares by the total
10-24 units or shares of the commingled fund.
10-25 SECTION 6. Section 231.007, Family Code, is amended to read
10-26 as follows:
10-27 Sec. 231.007. DEBTS TO STATE. (a) A person obligated to
11-1 pay child support in a case in which the Title IV-D agency is
11-2 providing services under this chapter who does not pay the required
11-3 [child] support is indebted [in debt] to the state for the purposes
11-4 of Section 403.055, Government Code, if the Title IV-D agency has
11-5 reported the person to the comptroller under that section properly.
11-6 (b) The amount of a person's indebtedness [debt of a person
11-7 in debt] to the state under [as provided by] Subsection (a) is
11-8 equal to the sum of:
11-9 (1) the amount of the required child support that has
11-10 [is past due and] not been paid; and
11-11 (2) any interest, fees, court costs, or other amounts
11-12 owed by the person because the person has not paid [as a result of
11-13 the person's failure to pay] the [child] support.
11-14 (c) The Title IV-D agency is the sole [an] assignee of all
11-15 payments, including payments of compensation, by the state to a
11-16 person indebted [in debt] to the state under Subsection (a) [as
11-17 provided by this section. The assignment takes effect before the
11-18 date the person's debt to the state arose].
11-19 (d) On request of the Title IV-D agency:
11-20 (1) the comptroller shall make payable and deliver to
11-21 the agency any payments for which the agency is the assignee under
11-22 Subsection (c), if the comptroller is responsible for issuing
11-23 warrants or initiating electronic funds transfers to make those
11-24 payments; and
11-25 (2) a state agency shall make payable and deliver to
11-26 the Title IV-D agency any payments for which the Title IV-D agency
11-27 is the assignee under Subsection (c) if the comptroller is not
12-1 responsible for issuing warrants or initiating electronic funds
12-2 transfers to make those payments.
12-3 (e) [(d)] A person indebted [in debt] to the state under
12-4 Subsection (a) [as provided by this section] may eliminate the
12-5 [person's] debt by:
12-6 (1) paying the entire amount of the debt; or
12-7 (2) resolving the debt in a manner acceptable to the
12-8 Title IV-D agency.
12-9 (f) [(e)] The comptroller or a state agency may rely on a
12-10 representation by the Title IV-D agency that:
12-11 (1) a person is indebted [in debt] to the state under
12-12 Subsection (a) [as provided by this section]; or
12-13 (2) a person who was indebted [in debt] to the state
12-14 under Subsection (a) has eliminated the [person's] debt [as
12-15 provided by this section].
12-16 (g) Except as provided by Subsection (h) [(f) In this
12-17 section], the payment of workers' compensation benefits to a person
12-18 indebted [in debt] to the state under Subsection (a) is the same
12-19 for the purposes of this section as any other payment made to the
12-20 person by the state. Notwithstanding Section 408.203, Labor Code,
12-21 an order or writ to withhold income from workers' compensation
12-22 benefits is not required before the benefits are withheld or
12-23 assigned under this section.
12-24 (h) [(g)] The amount of weekly workers' compensation
12-25 benefits that may be withheld or assigned under this section may
12-26 not exceed the percentage of the person's benefits that would apply
12-27 if the benefits equalled the person's monthly net resources as
13-1 provided by Chapter 154, except that in no event may more than 50
13-2 percent of the person's weekly compensation benefits be withheld or
13-3 assigned. The comptroller or a state agency may rely on a
13-4 representation by the Title IV-D agency that a withholding or
13-5 assignment under this section would not violate this subsection.
13-6 (i) [(h)] Notwithstanding Section 403.055 [Sections
13-7 403.055(c) and (e)(4)], Government Code, the comptroller may not
13-8 issue a warrant or initiate an electronic funds transfer to pay:
13-9 (1) the compensation of a state officer or employee
13-10 who is indebted [in debt] to the state under Subsection (a); or
13-11 (2) the remuneration of an individual who is being
13-12 paid by a private person through a state agency, if the individual
13-13 is indebted to the state under Subsection (a) [as provided by this
13-14 section].
13-15 (j) Notwithstanding Section 2107.008, Government Code, a
13-16 state agency may not pay:
13-17 (1) compensation to a state officer or employee who is
13-18 indebted to the state under Subsection (a); or
13-19 (2) remuneration to an individual who is being paid by
13-20 a private person through the agency if the individual is indebted
13-21 to the state under Subsection (a).
13-22 (k) [(i)] In this section, "compensation," "state agency,"
13-23 and "state officer or employee" have ["compensation" has] the
13-24 meanings [meaning] assigned by Section 403.055[(f)(1)], Government
13-25 Code[, and includes the payment of workers' compensation benefits].
13-26 SECTION 7. Section 403.011, Government Code, is amended to
13-27 read as follows:
14-1 Sec. 403.011. GENERAL POWERS. (a) The comptroller shall:
14-2 (1) obtain a seal with "Comptroller's Office, State of
14-3 Texas" engraved around the margin and a five-pointed star in the
14-4 center, to be used as the seal of the office to authenticate
14-5 official acts, except warrants drawn on the state treasury;
14-6 (2) adopt regulations the comptroller considers
14-7 essential to the speedy and proper assessment and collection of
14-8 state revenues;
14-9 (3) supervise, as the sole accounting officer of the
14-10 state, the state's fiscal concerns and manage those concerns as
14-11 required by law;
14-12 (4) require all accounts presented to the comptroller
14-13 for settlement not otherwise provided for by law to be made on
14-14 forms that the comptroller prescribes;
14-15 (5) prescribe and furnish the form or electronic
14-16 format to be used in the collection of public revenue;
14-17 (6) prescribe the mode and manner of keeping and
14-18 stating of accounts of persons collecting state revenue;
14-19 (7) prescribe forms or electronic formats of the same
14-20 class, kind, and purpose so that they are uniform in size,
14-21 arrangement, matter, and form;
14-22 (8) require each person receiving money or managing or
14-23 having disposition of state property of which an account is kept in
14-24 the comptroller's office periodically to render statements of the
14-25 money or property to the comptroller;
14-26 (9) require each person who has received and not
14-27 accounted for state money to settle the person's account;
15-1 (10) keep and settle all accounts in which the state
15-2 is interested;
15-3 (11) examine and settle the account of each person
15-4 indebted to the state, verify the amount or balance, and direct and
15-5 supervise the collection of the money;
15-6 (12) audit claims against the state the payment of
15-7 which is provided for by law, unless the audit is otherwise
15-8 specially provided for;
15-9 (13) determine the method for auditing claims against
15-10 the state in a cost-effective manner, including [but not limited
15-11 to] the use of stratified and statistical sampling techniques in
15-12 conjunction with automated edits;
15-13 (14) maintain the necessary records and data for each
15-14 approved claim against the state so that an adequate audit can be
15-15 performed and the comptroller can submit a report to each house of
15-16 the legislature, upon request, stating the name and amount of each
15-17 approved claim;
15-18 (15) keep and state each account between the state and
15-19 the United States;
15-20 (16) keep journals through which all entries are made
15-21 in the ledger;
15-22 (17) draw warrants on the treasury for payment of all
15-23 money required by law to be paid from the treasury on warrants
15-24 drawn by the comptroller;
15-25 (18) suggest plans for the improvement and management
15-26 of the general revenue; and
15-27 (19) preserve the books, records, papers, and other
16-1 property of the comptroller's office and deliver them in good
16-2 condition to the successor to that office.
16-3 (b) The comptroller may solicit, accept, or refuse a gift or
16-4 grant of money, services, or property on behalf of the state for
16-5 any public purpose related to the office or duties of the
16-6 comptroller.
16-7 SECTION 8. Section 403.023, Government Code, is amended to
16-8 read as follows:
16-9 Sec. 403.023. CREDIT, CHARGE, AND DEBIT CARDS. (a) The
16-10 comptroller may adopt rules relating to the acceptance of credit,
16-11 charge, and debit cards for the payment of fees, taxes, and other
16-12 charges assessed by state agencies. The rules may:
16-13 (1) authorize a state agency to accept credit, charge,
16-14 or debit cards for a payment if the comptroller determines the best
16-15 interests of the state would be promoted;
16-16 (2) authorize or require a person that uses a credit,
16-17 charge, or debit card [user] to pay a processing fee to the state
16-18 agency that accepts the [credit] card for a payment; and
16-19 (3) authorize a particular state agency to accept
16-20 credit, charge, or debit cards for a payment without providing the
16-21 same authorization to other state agencies.
16-22 (b) The comptroller may adopt rules relating to the use of
16-23 credit or charge cards by state agencies to pay for purchases. The
16-24 rules may:
16-25 (1) authorize a state agency to use credit or charge
16-26 cards if the comptroller determines the best interests of the state
16-27 would be promoted;
17-1 (2) authorize a state agency to use credit or charge
17-2 cards to pay for purchases without providing the same authorization
17-3 to other state agencies;
17-4 (3) authorize a state agency to use credit or charge
17-5 cards to pay for purchases that otherwise may be paid out of the
17-6 agency's petty cash accounts under Subchapter K; and
17-7 (4) authorize the General Services Commission to
17-8 contract with one or more credit or charge card issuers on behalf
17-9 of state agencies.
17-10 (c) The comptroller may not adopt rules about a particular
17-11 state agency's acceptance of credit or charge cards for a payment
17-12 if the rules [that] would affect a contract that the [state] agency
17-13 has entered into that is in effect on September 1, 1993. The
17-14 comptroller may not adopt rules about a particular state agency's
17-15 acceptance of charge or debit cards for a payment if the rules
17-16 would affect a contract that the agency has entered into that is in
17-17 effect on September 1, 1999.
17-18 (d) The comptroller may not adopt rules about a particular
17-19 state agency's acceptance or use of credit, charge, or debit cards
17-20 if another law specifically authorizes, requires, prohibits, or
17-21 otherwise regulates the acceptance or use.
17-22 (e) In this section, "state agency" means:
17-23 (1) a board, commission, department, or other agency
17-24 in the executive branch of state government that is created by the
17-25 constitution or a statute of this state, including an institution
17-26 of higher education as defined by Section 61.003, Education Code,
17-27 other than a public junior college;
18-1 (2) the legislature or a legislative agency; or
18-2 (3) the supreme court, the court of criminal appeals,
18-3 a court of appeals, or a state judicial agency.
18-4 SECTION 9. Subchapter B, Chapter 403, Government Code, is
18-5 amended by adding Section 403.0271 to read as follows:
18-6 Sec. 403.0271. AUTHORIZATIONS TO DEBIT STATE ACCOUNTS.
18-7 (a) The comptroller may authorize a person to debit a state
18-8 account in or outside of the state treasury for the purpose of
18-9 receiving payment for goods or services provided to a state agency.
18-10 (b) The comptroller may:
18-11 (1) authorize certain persons to debit an account
18-12 without authorizing others to do so;
18-13 (2) authorize a debit for goods or services provided
18-14 to certain state agencies without authorizing a debit for goods or
18-15 services provided to other state agencies;
18-16 (3) authorize a debit for certain types of goods or
18-17 services without authorizing a debit for other types of goods or
18-18 services; and
18-19 (4) otherwise limit the circumstances under which a
18-20 debit is permitted.
18-21 (c) Each state agency whose funds are paid through debits
18-22 authorized under Subsection (a) shall:
18-23 (1) reconcile the debits with the actual amount due
18-24 for goods or services provided; and
18-25 (2) recover any amount debited that exceeds the amount
18-26 due.
18-27 (d) The comptroller by rule shall specify the frequency with
19-1 which a reconciliation under Subsection (c)(1) must be conducted by
19-2 a state agency. The comptroller by rule may require the agency to
19-3 submit the reconciliation to the comptroller for review and
19-4 approval. The comptroller may audit the agency to ensure the
19-5 accuracy of the reconciliation.
19-6 (e) The comptroller may adopt rules and establish procedures
19-7 to administer this section.
19-8 (f) In this section, "state agency" means:
19-9 (1) a board, commission, department, or other agency
19-10 in the executive branch of state government that is created by the
19-11 constitution or a statute of this state, including an institution
19-12 of higher education as defined by Section 61.003, Education Code,
19-13 other than a public junior or community college;
19-14 (2) the legislature or a legislative agency; or
19-15 (3) the supreme court, the court of criminal appeals,
19-16 a court of appeals, or a state judicial agency.
19-17 SECTION 10. Section 403.055, Government Code, is amended to
19-18 read as follows:
19-19 Sec. 403.055. PAYMENTS [ISSUANCE] TO DEBTORS OR DELINQUENTS
19-20 PROHIBITED. (a) Except as provided by this section, the [The]
19-21 comptroller, as a ministerial duty, may not issue a warrant or
19-22 initiate an electronic funds transfer to a person who has been
19-23 reported properly under Subsection (f) [if the person is indebted
19-24 or owes delinquent taxes to the state, or owes delinquent taxes
19-25 under a tax that the comptroller administers or collects, until the
19-26 debt or taxes are paid].
19-27 (b) The comptroller may not issue a warrant or initiate an
20-1 electronic funds transfer to the assignee of a person who has been
20-2 reported properly under Subsection (f) [is indebted or owes
20-3 delinquent taxes to the state only] if the assignment became
20-4 effective after [before] the person became indebted to the state or
20-5 incurred a tax delinquency [delinquent in the payment of taxes to
20-6 the state].
20-7 (c) When this section prohibits the comptroller from issuing
20-8 a warrant or initiating an electronic funds transfer to a person,
20-9 the comptroller may not issue a warrant or initiate an electronic
20-10 funds transfer to:
20-11 (1) the person's estate;
20-12 (2) the distributees of the person's estate; or
20-13 (3) the person's surviving spouse.
20-14 (d) [(c)] This section does not prohibit the comptroller
20-15 from issuing a warrant or initiating an electronic funds transfer
20-16 to pay [the compensation of]:
20-17 (1) the compensation of a state officer or employee;
20-18 or
20-19 (2) the remuneration of an individual if the
20-20 remuneration [whose compensation] is being paid by a private person
20-21 through a state agency.
20-22 (e) This [(d) When this] section does not prohibit
20-23 [prohibits] the comptroller from issuing a warrant or initiating [,
20-24 the comptroller is also prohibited from using] an electronic funds
20-25 transfer to a person reported properly under Subsection (f) or to
20-26 the person's assignee if the state agency responsible for
20-27 collecting the person's debt or tax delinquency subsequently and
21-1 properly reports to the comptroller that:
21-2 (1) the person is complying with an installment
21-3 payment agreement or similar agreement to pay or eliminate the debt
21-4 or delinquency, unless the agency subsequently and properly reports
21-5 to the comptroller that the person no longer is complying with the
21-6 agreement;
21-7 (2) the person's debt or delinquency has been paid or
21-8 otherwise eliminated; or
21-9 (3) the report of indebtedness or delinquency was
21-10 prohibited by Subsection (g) or was otherwise erroneous [system].
21-11 (f) Except as provided by Subsection (g), a state agency
21-12 shall report to the comptroller each person who is indebted to the
21-13 state or has a tax delinquency. The report must contain the
21-14 information and be submitted in the manner and with the frequency
21-15 required by the comptroller.
21-16 (g) A state agency may not report a person under Subsection
21-17 (f) unless the agency first provides the person with an opportunity
21-18 to exercise any due process or other constitutional or statutory
21-19 protection that must be accommodated before the agency or the state
21-20 may begin a collection action or procedure. The comptroller may
21-21 not investigate or determine whether a state agency has complied
21-22 with this prohibition.
21-23 (h) This section does not apply:
21-24 (1) to the extent Section 57.48, Education Code,
21-25 applies; or
21-26 (2) to the extent this section conflicts with Section
21-27 231.007, Family Code.
22-1 (i) This section does not prohibit the comptroller from
22-2 issuing a warrant or initiating an electronic funds transfer if:
22-3 (1) the warrant or transfer would result in a payment
22-4 being made in whole or in part with money paid to the state by the
22-5 United States; and
22-6 (2) the state agency that administers the money
22-7 certifies to the comptroller that federal law:
22-8 (A) requires the payment to be made; or
22-9 (B) conditions the state's receipt of the money
22-10 on the payment being made.
22-11 (j) The comptroller may adopt rules and establish procedures
22-12 to administer this section.
22-13 (k) [(e)(1) This subsection applies when a payment is made
22-14 to a person other than through the comptroller's issuance of a
22-15 warrant or the comptroller's use of an electronic funds transfer
22-16 system.]
22-17 [(2) A state agency may not use funds inside or
22-18 outside the state treasury to pay a person if the person is
22-19 indebted or owes delinquent taxes to the state or owes delinquent
22-20 taxes under a tax that the comptroller administers or collects
22-21 until the debt or taxes are paid.]
22-22 [(3) This subsection does not prohibit a state agency
22-23 from paying the assignee of a person who is indebted or owes
22-24 delinquent taxes to the state if the assignment became effective
22-25 before the person became indebted to the state or delinquent in the
22-26 payment of taxes to the state.]
22-27 [(4) This subsection does not prohibit a state agency
23-1 from paying the compensation of:]
23-2 [(A) a state officer or employee; or]
23-3 [(B) an individual whose compensation is being
23-4 paid by a private person through the agency.]
23-5 [(5) The comptroller may not reimburse a state agency
23-6 for a payment that is made in violation of this subsection.]
23-7 [(f)] In this section:
23-8 (1) "Compensation" means base salary or [includes]
23-9 wages, [salaries,] longevity pay, hazardous duty pay, benefit
23-10 replacement pay, or an emolument [and emoluments that are] provided
23-11 in lieu of base salary or wages [or salaries]. [The term does not
23-12 include expense reimbursements.]
23-13 (2) "State agency" means a board, commission, council,
23-14 committee, department, office, agency, or other governmental entity
23-15 in the executive, legislative, or judicial branch of state
23-16 government. The term includes an institution of higher education
23-17 as defined by Section 61.003, Education Code, other than a public
23-18 junior or community college.
23-19 (3) "State officer or employee" means an officer or
23-20 employee of a state agency.
23-21 (4) "Tax delinquency" means a delinquency in payment
23-22 of:
23-23 (A) a tax to the state; or
23-24 (B) a tax that the comptroller administers or
23-25 collects.
23-26 [(g) If a person owes delinquent taxes under a tax that the
23-27 comptroller administers or collects, the comptroller may subtract
24-1 the delinquent amount from the total amount due the person from the
24-2 state, except from amounts due that are deemed to be current wages,
24-3 and issue a warrant for the difference. The delinquent person is
24-4 entitled to written notice of at least 20 days before the date of
24-5 the offset. The notice must conform to the notice requirements
24-6 under Sections 111.018(b)(1) through (3), Tax Code. The
24-7 comptroller may promulgate rules for the administration of this
24-8 section.]
24-9 SECTION 11. Subchapter D, Chapter 403, Government Code, is
24-10 amended by adding Section 403.0551 to read as follows:
24-11 Sec. 403.0551. DEDUCTIONS FOR REPAYMENT OF CERTAIN DEBTS OR
24-12 TAX DELINQUENCIES. (a) Except as provided by Subsections (b) and
24-13 (d), the comptroller may deduct the amount of a person's
24-14 indebtedness to the state or tax delinquency from any amount the
24-15 state owes the person or the person's successor. The comptroller
24-16 shall issue a warrant or initiate an electronic funds transfer to
24-17 the person or successor for any remaining amount.
24-18 (b) Subsection (a) applies to a person or the person's
24-19 successor only if:
24-20 (1) the comptroller has provided notice to the person
24-21 or successor that complies with Subsection (c);
24-22 (2) Section 57.48, Education Code, or Section 403.055
24-23 prohibits the comptroller from issuing a warrant or initiating an
24-24 electronic funds transfer to the person or successor; and
24-25 (3) the comptroller is responsible under Section
24-26 404.046, 404.069, or 2103.003 for paying the amount owed by the
24-27 state to the person or successor through the issuance of a warrant
25-1 or initiation of an electronic funds transfer.
25-2 (c) The comptroller shall provide notice to a person or the
25-3 person's successor before deducting the amount of the person's
25-4 indebtedness to the state or tax delinquency under Subsection (a).
25-5 The notice must:
25-6 (1) be given in a manner reasonably calculated to give
25-7 actual notice to the person or successor;
25-8 (2) state the:
25-9 (A) amount of the indebtedness or the amount of
25-10 the tax, penalties, interest, and costs due, as applicable; and
25-11 (B) name of the indebted or delinquent person;
25-12 (3) specify the deadline for paying the amount due;
25-13 and
25-14 (4) inform the person or successor that unless the
25-15 amount due is paid before the deadline, the comptroller will deduct
25-16 the amount of the indebtedness or delinquency from the amount the
25-17 state owes the person or successor.
25-18 (d) This section does not authorize the comptroller to
25-19 deduct the amount of a state employee's indebtedness to a state
25-20 agency from any amount of compensation owed by the agency to the
25-21 employee, the employee's successor, or the assignee of the employee
25-22 or successor. In this subsection, "compensation," "indebtedness,"
25-23 "state agency," "state employee," and "successor" have the meanings
25-24 assigned by Section 666.001.
25-25 (e) The comptroller shall credit the appropriate fund or
25-26 account for any amount deducted under this section if the
25-27 comptroller is the custodian or trustee of that fund or account.
26-1 The comptroller shall remit any amount deducted under this section
26-2 to the custodian or trustee of the appropriate fund or account if
26-3 the comptroller is not its custodian or trustee.
26-4 (f) The comptroller may determine the order that a person's
26-5 multiple types of indebtedness to the state or tax delinquencies
26-6 are deducted from the amount the state owes the person or the
26-7 person's successor.
26-8 (g) The assignee of a person or the person's successor is
26-9 considered to be a successor of the person for the purposes of this
26-10 section, except that a deduction under this section from the amount
26-11 owed to the assignee of a person or the person's successor may not
26-12 be made if the assignment became effective before the person became
26-13 indebted to the state or incurred the tax delinquency.
26-14 (h) The comptroller may adopt rules and establish procedures
26-15 to administer this section.
26-16 (i) Except as provided by Subsection (d), in this section,
26-17 "successor" means a person's estate and the distributees of that
26-18 estate.
26-19 SECTION 12. Subchapter D, Chapter 403, Government Code, is
26-20 amended by adding Section 403.0552 to read as follows:
26-21 Sec. 403.0552. PREPARATION AND RETENTION OF CERTAIN
26-22 WARRANTS. (a) The comptroller may prepare and retain a warrant
26-23 that Section 57.48, Education Code, Section 231.007, Family Code,
26-24 or Section 403.055 prohibits the comptroller from issuing.
26-25 (b) The comptroller may prepare a warrant to make a payment
26-26 that Section 57.48, Education Code, Section 231.007, Family Code,
26-27 or Section 403.055 prohibits the comptroller from initiating by
27-1 electronic funds transfer.
27-2 (c) If the comptroller prepares a warrant under Subsection
27-3 (a) or (b), the comptroller shall:
27-4 (1) make the warrant payable to the person to whom the
27-5 warrant may not be issued or an electronic funds transfer may not
27-6 be initiated; and
27-7 (2) retain the warrant until the earliest of:
27-8 (A) the first day the warrant may no longer be
27-9 paid by the comptroller under Section 404.046 or other applicable
27-10 law;
27-11 (B) the date the comptroller deducts the amount
27-12 of the person's indebtedness to the state or tax delinquency from
27-13 the amount of the warrant under Section 403.0551, Chapter 666, or
27-14 other applicable law; or
27-15 (C) the first day the comptroller is no longer
27-16 prohibited from issuing the warrant or initiating an electronic
27-17 funds transfer to that person.
27-18 (d) The comptroller may not cancel or destroy a warrant
27-19 prepared under Subsection (a) or (b) unless the comptroller
27-20 receives a request for the cancellation or destruction from the
27-21 state agency that submitted the voucher requesting issuance of the
27-22 warrant or initiation of the electronic funds transfer and:
27-23 (1) the agency informs the comptroller that the
27-24 voucher was erroneous or was submitted erroneously;
27-25 (2) the agency is the only state agency responsible
27-26 for collecting the indebtedness or tax delinquency of the payee of
27-27 the warrant; or
28-1 (3) all state agencies that are responsible for
28-2 collecting the indebtedness or tax delinquency of the payee of the
28-3 warrant consent to the cancellation or destruction.
28-4 (e) For purposes of Subsection (d)(1), a voucher is not
28-5 erroneous and is not submitted erroneously merely because the
28-6 comptroller is prohibited by Section 57.48, Education Code, Section
28-7 231.007, Family Code, or Section 403.055 from issuing a warrant or
28-8 initiating an electronic funds transfer in accordance with the
28-9 voucher.
28-10 SECTION 13. Section 403.060(a), Government Code, is amended
28-11 to read as follows:
28-12 (a) The comptroller may delegate to a person [state agency]
28-13 the authority to print warrants [at the agency's location] and
28-14 deliver those warrants to the appropriate person. However, before
28-15 a person [an agency] may print and deliver a warrant, the
28-16 comptroller must approve a voucher related to the warrant in
28-17 accordance with Section 403.071.
28-18 SECTION 14. Section 403.302(b), Government Code, is amended
28-19 to read as follows:
28-20 (b) In conducting the study, the comptroller shall determine
28-21 the taxable value of property in each school district:
28-22 (1) using, if appropriate, samples selected through
28-23 generally accepted sampling techniques; [and]
28-24 (2) according to generally accepted standard
28-25 valuation, statistical compilation, and analysis techniques; and
28-26 (3) ensuring that different levels of appraisal on
28-27 sold and unsold property do not adversely affect the accuracy of
29-1 the study.
29-2 SECTION 15. Section 404.046, Government Code, is amended to
29-3 read as follows:
29-4 Sec. 404.046. PAYMENT FROM TREASURY. The comptroller shall
29-5 pay warrants the comptroller draws on the treasury that are
29-6 authorized by law. Except as provided by Section 403.0271, money
29-7 [Money] may not be paid out of the treasury except on a warrant
29-8 drawn or an electronic funds transfer initiated by [the warrants
29-9 of] the comptroller. A [, and a] warrant may not be paid by the
29-10 comptroller unless presented for payment to a financial institution
29-11 or the comptroller before two years after the close of the fiscal
29-12 year in which the warrant was issued. Claims for the payment of
29-13 warrants presented after that time may be presented to the
29-14 legislature for appropriations from which the claims may be paid.
29-15 SECTION 16. Section 404.069(a), Government Code, is amended
29-16 to read as follows:
29-17 (a) All money and securities deposited with the comptroller
29-18 in trust for any legal purpose may be received by the comptroller
29-19 as provided by Section 403.052. The money or securities shall be
29-20 held in trust by the comptroller in the same manner as the
29-21 departmental suspense account. Except as provided by Section
29-22 403.0271, the money may be withdrawn only on a [Withdrawal shall be
29-23 by] warrant drawn or an electronic funds transfer initiated by the
29-24 comptroller. The securities may be withdrawn only by [in the case
29-25 of money and] withdrawal authorization [in the case of securities.
29-26 Those instruments shall be issued by the comptroller as provided by
29-27 Sections 403.011 and 403.056].
30-1 SECTION 17. Section 608.002(b), Government Code, is amended
30-2 to read as follows:
30-3 (b) An authorization must:
30-4 (1) be in writing or recorded by electronic means; and
30-5 (2) state:
30-6 (A) the period for which the authorization is to
30-7 be in effect; [and]
30-8 (B) the amount to be deducted; and
30-9 (C) the denomination of the savings bonds to be
30-10 purchased.
30-11 SECTION 18. Section 608.003(b), Government Code, is amended
30-12 to read as follows:
30-13 (b) If a withholding is made, the department administrator
30-14 or disbursing officer shall make a deduction when the payroll of a
30-15 state department or a political subdivision is presented to the
30-16 comptroller or disbursing officer, as appropriate, [for the
30-17 issuance of warrants] for payment.
30-18 SECTION 19. Section 608.005, Government Code, is amended to
30-19 read as follows:
30-20 Sec. 608.005. PAYMENT [ISSUANCE OF WARRANT] TO DEPARTMENT
30-21 ADMINISTRATOR OR DISBURSING OFFICER. (a) When the payroll of a
30-22 state department is presented to the comptroller for payment, the
30-23 comptroller shall pay [issue] to the department administrator [a
30-24 warrant for] the full amount deducted from the department's payroll
30-25 for the payroll period to purchase savings bonds on behalf of
30-26 department officers and employees.
30-27 (b) When the payroll of a political subdivision is presented
31-1 to the disbursing officer for payment, the disbursing officer shall
31-2 pay [issue] to the disbursing officer [a warrant for] the full
31-3 amount deducted from the political subdivision's payroll for the
31-4 payroll period to purchase savings bonds on behalf of officers and
31-5 employees of the political subdivision.
31-6 SECTION 20. Section 608.007, Government Code, is amended to
31-7 read as follows:
31-8 Sec. 608.007. TRUST ACCOUNT. (a) A department
31-9 administrator shall deposit money received [a warrant issued] under
31-10 Section 608.005(a) with the comptroller to be held in trust by the
31-11 comptroller until disbursed by the department administrator to
31-12 purchase savings bonds for an individual designated in an
31-13 authorization under Section 608.002 filed with the department
31-14 administrator.
31-15 (b) A disbursing officer shall deposit money received [a
31-16 warrant issued] under Section 608.005(b) with the comptroller of
31-17 the political subdivision to be held in trust by the comptroller
31-18 until disbursed by the disbursing officer to purchase savings bonds
31-19 for an individual designated in an authorization under Section
31-20 608.002 filed with the disbursing officer.
31-21 (c) Money [A warrant] held in trust under this section shall
31-22 be deposited in an account designated as the savings bond payroll
31-23 savings account. [The comptroller shall pay out money deposited in
31-24 the account on proper warrants drawn by the department
31-25 administrator or disbursing officer, as appropriate.]
31-26 SECTION 21. Section 608.010(b), Government Code, is amended
31-27 to read as follows:
32-1 (b) On termination as provided by Subsection (a), any money
32-2 that has been deducted from an officer's or employee's compensation
32-3 but has not been used to purchase savings bonds shall be remitted
32-4 immediately [by proper warrant] to the individual from whose
32-5 compensation the money has been deducted.
32-6 SECTION 22. Subtitle B, Title 6, Government Code, is amended
32-7 by adding Chapter 666 to read as follows:
32-8 CHAPTER 666. PAYROLL DEDUCTION TO RECOUP EXCESS
32-9 COMPENSATION PAID TO A STATE OFFICER OR EMPLOYEE
32-10 Sec. 666.001. DEFINITIONS. In this chapter:
32-11 (1) "Compensation" includes:
32-12 (A) base salary or wages;
32-13 (B) longevity or hazardous duty pay;
32-14 (C) benefit replacement pay;
32-15 (D) a payment for the balance of vacation and
32-16 sick leave under Subchapter B, Chapter 661;
32-17 (E) a payment for the accrued balance of
32-18 vacation time under Subchapter C, Chapter 661; and
32-19 (F) an emolument provided in lieu of base salary
32-20 or wages.
32-21 (2) "Indebtedness" means the amount of compensation
32-22 paid to a state employee that exceeds the amount the employee is
32-23 eligible to receive under law.
32-24 (3) "State agency" means a board, commission, council,
32-25 committee, department, office, agency, or other governmental entity
32-26 in the executive, legislative, or judicial branch of state
32-27 government. The term includes:
33-1 (A) the Texas Guaranteed Student Loan
33-2 Corporation; and
33-3 (B) an institution of higher education as
33-4 defined by Section 61.003, Education Code, other than a public
33-5 junior or community college.
33-6 (4) "State employee" means an officer or employee of a
33-7 state agency.
33-8 (5) "Successor" means:
33-9 (A) the estate of a deceased state employee;
33-10 (B) the surviving spouse of a deceased state
33-11 employee; or
33-12 (C) the distributees of the estate of a deceased
33-13 state employee.
33-14 Sec. 666.002. DEDUCTION AUTHORIZATION. (a) A state agency
33-15 may deduct the amount of a state employee's indebtedness to the
33-16 agency from any amount of compensation the agency owes the employee
33-17 or the employee's successor if:
33-18 (1) the agency provides a notice to the employee or
33-19 successor that complies with Section 666.003;
33-20 (2) the agency provides the employee or successor with
33-21 an opportunity to exercise any due process or other constitutional
33-22 or statutory protection that must be accommodated before the agency
33-23 may begin a collection action or procedure;
33-24 (3) the agency determines that the deduction would not
33-25 violate any applicable law or rule of this state or the United
33-26 States; and
33-27 (4) the comptroller is not responsible under Section
34-1 404.046, 404.069, or 2103.003 for paying the amount owed by the
34-2 agency to the employee or successor through the issuance of a
34-3 warrant or initiation of an electronic funds transfer.
34-4 (b) The comptroller may deduct the amount of a state
34-5 employee's indebtedness to a state agency from any amount of
34-6 compensation the agency owes the employee or the employee's
34-7 successor if:
34-8 (1) the agency provides a notice to the employee or
34-9 successor that complies with Section 666.003;
34-10 (2) the agency requests the comptroller to make the
34-11 deduction in accordance with Section 666.005; and
34-12 (3) the comptroller is responsible under Section
34-13 404.046, 404.069, or 2103.003 for paying the amount owed by the
34-14 agency to the employee or the successor through the issuance of a
34-15 warrant or initiation of an electronic funds transfer.
34-16 Sec. 666.003. NOTICE. (a) A state agency shall provide
34-17 notice to a state employee or the employee's successor before the
34-18 agency:
34-19 (1) deducts the amount of the employee's indebtedness
34-20 to the agency under Section 666.002(a); or
34-21 (2) requests the comptroller to make a deduction under
34-22 Section 666.002(b).
34-23 (b) The notice must:
34-24 (1) be given in a manner reasonably calculated to give
34-25 actual notice to the employee or successor;
34-26 (2) state the:
34-27 (A) amount of the indebtedness; and
35-1 (B) name of the indebted employee;
35-2 (3) specify the date by which the indebtedness must be
35-3 paid; and
35-4 (4) inform the employee or successor that unless the
35-5 indebtedness is paid on or before the date specified, the amount of
35-6 the indebtedness may be deducted from any amount of compensation
35-7 the agency owes the employee or successor.
35-8 Sec. 666.004. PAYMENT OF AMOUNT REMAINING. Any amount that
35-9 remains owed after a deduction under Section 666.002 shall be paid
35-10 to the state employee or successor.
35-11 Sec. 666.005. DEDUCTION REQUESTS TO THE COMPTROLLER. (a) A
35-12 state agency may not request the comptroller to make a deduction
35-13 from compensation owed to a state employee or successor under
35-14 Section 666.002(b) before the agency:
35-15 (1) provides the employee or successor the opportunity
35-16 to exercise any due process or other constitutional or statutory
35-17 protection that must be accommodated before a collection action or
35-18 procedure may begin; and
35-19 (2) determines that the deduction would not violate
35-20 any applicable law or rule of this state or the United States.
35-21 (b) The comptroller may not investigate or determine whether
35-22 the agency has complied with Subsection (a)(1). The comptroller
35-23 may rely on a determination made under Subsection (a)(2).
35-24 (c) A state agency's request to the comptroller to make a
35-25 deduction under Section 666.002(b) must comply with the
35-26 comptroller's requirements for format, content, and frequency.
35-27 Sec. 666.006. ASSIGNEES. The assignee of a state employee
36-1 or the employee's successor is considered to be a successor for the
36-2 purposes of this chapter, except that a deduction under this
36-3 chapter from the compensation owed to the assignee of a state
36-4 employee or the employee's successor may not be made if the
36-5 assignment became effective after the employee incurred the
36-6 indebtedness.
36-7 Sec. 666.007. ADMINISTRATION. The comptroller may adopt
36-8 rules and establish procedures to administer this chapter.
36-9 SECTION 23. Section 2103.003, Government Code, is amended to
36-10 read as follows:
36-11 Sec. 2103.003. STATE AGENCY SPENDING OF APPROPRIATED FUNDS.
36-12 A state agency may spend appropriated funds only by:
36-13 (1) a warrant drawn by:
36-14 (A) the comptroller; or
36-15 (B) a person that [state agency to which] the
36-16 comptroller has delegated authority to print warrants under Section
36-17 403.060; [or]
36-18 (2) an electronic funds transfer initiated by the
36-19 comptroller; or
36-20 (3) a debit to a state account by a person authorized
36-21 under Section 403.0271.
36-22 SECTION 24. Chapter 2107, Government Code, is amended by
36-23 adding Section 2107.008 to read as follows:
36-24 Sec. 2107.008. PAYMENTS TO DEBTORS OR DELINQUENTS
36-25 PROHIBITED. (a) Except as provided by this section, a state
36-26 agency, as a ministerial duty, may not use funds in or outside of
36-27 the state treasury to pay a person if:
37-1 (1) Section 403.055 prohibits the comptroller from
37-2 issuing a warrant or initiating an electronic funds transfer to the
37-3 person; or
37-4 (2) the person is indebted to the state or has a tax
37-5 delinquency, the agency is responsible for collecting that
37-6 indebtedness or delinquency, and Section 403.055 does not prohibit
37-7 the comptroller from issuing a warrant or initiating an electronic
37-8 funds transfer to the person.
37-9 (b) A state agency may not pay the assignee of a person that
37-10 the agency may not pay under Subsection (a)(1) if Section 403.055
37-11 prohibits the comptroller from issuing a warrant or initiating an
37-12 electronic funds transfer to the assignee. The agency may not pay
37-13 the assignee of a person that the agency may not pay under
37-14 Subsection (a)(2) if the assignment became effective after the
37-15 person became indebted to the state or incurred a tax delinquency.
37-16 (c) A state agency that Subsection (a) prohibits from making
37-17 a payment to a person also is prohibited from paying any part of
37-18 that payment to:
37-19 (1) the person's estate;
37-20 (2) the distributees of the person's estate; or
37-21 (3) the person's surviving spouse.
37-22 (d) This section does not prohibit a state agency from
37-23 paying a person subject to Subsection (a)(2) or the person's
37-24 assignee if the agency determines that the person is complying with
37-25 an installment payment agreement or similar agreement between the
37-26 agency and that person to pay or eliminate the debt or delinquency.
37-27 (e) The comptroller may not reimburse a state agency for a
38-1 payment that the comptroller determines was made in violation of
38-2 this section.
38-3 (f) Subsection (a)(2) does not prohibit a state agency from
38-4 paying:
38-5 (1) the compensation of a state officer or employee;
38-6 or
38-7 (2) the remuneration of an individual if the
38-8 remuneration is being paid by a private person through the agency.
38-9 (g) Subsection (a)(2) does not prohibit a state agency from
38-10 making a payment if:
38-11 (1) the payment would be made in whole or in part with
38-12 money paid to the state by the United States; and
38-13 (2) the agency determines that federal law:
38-14 (A) requires the payment to be made; or
38-15 (B) conditions the state's receipt of the money
38-16 on the payment being made.
38-17 (h) A state agency may not refuse to make a payment under
38-18 Subsection (a)(2) before the agency has provided the person with an
38-19 opportunity to exercise any due process or other constitutional or
38-20 statutory protection that must be accommodated before the agency or
38-21 the state may begin a collection action or procedure.
38-22 (i) This section does not apply to the extent that Section
38-23 57.482, Education Code, applies.
38-24 (j) This section applies to a payment only if the
38-25 comptroller is not responsible under Section 404.046, 404.069, or
38-26 2103.003 for issuing a warrant or initiating an electronic funds
38-27 transfer to make the payment.
39-1 (k) Notwithstanding Section 2107.001, in this section
39-2 "compensation," "state agency," "state officer or employee," and
39-3 "tax delinquency" have the meanings assigned by Section 403.055.
39-4 SECTION 25. Section 2254.030, Government Code, is amended to
39-5 read as follows:
39-6 Sec. 2254.030. PUBLICATION IN TEXAS REGISTER AFTER ENTERING
39-7 INTO MAJOR CONSULTING SERVICES CONTRACT. Not later than the 20th
39-8 [10th] day after the date of entering into a major consulting
39-9 services contract, the contracting state agency shall file with the
39-10 secretary of state for publication in the Texas Register:
39-11 (1) a description of the activities that the
39-12 consultant will conduct;
39-13 (2) the name and business address of the consultant;
39-14 (3) the total value and the beginning and ending dates
39-15 of the contract; and
39-16 (4) the dates on which documents, films, recordings,
39-17 or reports that the consultant is required to present to the agency
39-18 are due.
39-19 SECTION 26. Sections 2254.031(a) and (c), Government Code,
39-20 are amended to read as follows:
39-21 (a) A state agency that intends to renew a major consulting
39-22 services contract shall:
39-23 (1) file with the secretary of state for publication
39-24 in the Texas Register the information required by Section 2254.030
39-25 not later than the 20th [10th] day after the date the contract is
39-26 renewed if the renewal contract is not a major consulting services
39-27 contract; or
40-1 (2) comply with Sections 2254.028 and 2254.029 if the
40-2 renewal contract is a major consulting services contract.
40-3 (c) A state agency that intends to amend or extend a major
40-4 consulting services contract shall:
40-5 (1) not later than the 20th [10th] day after the date
40-6 the contract is amended or extended, file the information required
40-7 by Section 2254.030 with the secretary of state for publication in
40-8 the Texas Register if the contract after the amendment or extension
40-9 is not a major consulting services contract; or
40-10 (2) comply with Sections 2254.028 and 2254.029 if the
40-11 contract after the amendment or extension is a major consulting
40-12 services contract.
40-13 SECTION 27. Section 2254.034(c), Government Code, is amended
40-14 to read as follows:
40-15 (c) If a contract is void under this section:
40-16 (1) the comptroller may not draw a warrant or transmit
40-17 money to satisfy an obligation under the contract; and
40-18 (2) a state agency may not make any payment under the
40-19 contract with state or federal money or money held in or outside
40-20 the state treasury [until the agency has complied with Sections
40-21 2254.029 through 2254.031].
40-22 SECTION 28. Section 31.038, Human Resources Code, is amended
40-23 to read as follows:
40-24 Sec. 31.038. CANCELLATION OF UNCASHED WARRANTS. The [On
40-25 authorization by the] department[, the comptroller] may cancel a
40-26 financial assistance warrant [warrants] that has [have] not been
40-27 cashed within a reasonable period of time after issuance. The
41-1 cancellation must be performed in the manner required by rules of
41-2 the comptroller.
41-3 SECTION 29. (a) Sections 481.0841, 608.004, and 608.012,
41-4 Government Code, are repealed.
41-5 (b) Section 5.101(f), Tax Code, is repealed.
41-6 (c) Section 66.03, Education Code, is repealed.
41-7 SECTION 30. (a) The comptroller may adopt rules and take
41-8 other actions before January 1, 2000, that the comptroller
41-9 considers necessary or appropriate to prepare for Sections 1, 2, 6,
41-10 10-12, 22, and 24 of this Act to take effect. This subsection does
41-11 not authorize the comptroller to adopt any rule or take any action
41-12 that Sections 1, 2, 6, 10-12, 22, and 24 of this Act would not
41-13 authorize the comptroller to adopt or take if those sections took
41-14 effect immediately.
41-15 (b) A state agency may take before January 1, 2000, the
41-16 actions that the agency considers necessary or appropriate to
41-17 prepare for Sections 1, 2, 6, 10-12, 22, and 24 of this Act to take
41-18 effect. This subsection does not authorize a state agency to take
41-19 any action that Sections 1, 2, 6, 10-12, 22, and 24 of this Act
41-20 would not authorize the agency to take if those sections took
41-21 effect immediately. In this subsection, "state agency" does not
41-22 include the comptroller.
41-23 SECTION 31. The repeal of Section 608.004, Government Code,
41-24 by Section 29(a) of this Act is intended only to repeal a redundant
41-25 law. The repeal does not imply that on and after the effective
41-26 date of Section 29 of this Act:
41-27 (1) the amount an officer or employee authorizes to be
42-1 deducted from the officer's or employee's compensation for the
42-2 purchase of savings bonds may not actually be withheld and deducted
42-3 as authorized by Section 608.003, Government Code; or
42-4 (2) the amount of an officer's or employee's
42-5 compensation remaining after all authorized deductions have been
42-6 made may not be paid to the officer or employee.
42-7 SECTION 32. The changes in law made by Sections 25 and 26 of
42-8 this Act apply only to a major consulting services contract that is
42-9 entered into, renewed, amended, or extended on and after the
42-10 effective date of those sections. A major consulting services
42-11 contract that is entered into, renewed, amended, or extended before
42-12 that date is governed by the law in effect on the date the contract
42-13 is entered into, renewed, amended, or extended, and the former law
42-14 is continued in effect for that purpose.
42-15 SECTION 33. The comptroller may adopt rules and take other
42-16 actions before September 1, 1999, that the comptroller considers
42-17 necessary or appropriate to prepare for Sections 8, 25, 26, and 32
42-18 of this Act to take effect. This section does not authorize the
42-19 comptroller to adopt any rule or take any action that Sections 8,
42-20 25, 26, and 32 of this Act would not authorize the comptroller to
42-21 adopt or take if those sections took effect immediately.
42-22 SECTION 34. This Act takes effect immediately except that:
42-23 (1) Sections 8, 25, 26, and 32 take effect September
42-24 1, 1999;
42-25 (2) Sections 1, 2, 6, 10-12, 22, and 24 take effect
42-26 January 1, 2000; and
42-27 (3) Sections 4, 5, and 29(c) of this Act take effect
43-1 only if the constitutional amendment proposed by H.J.R. No. 58,
43-2 76th Legislature, Regular Session, 1999, is approved by the voters.
43-3 If that amendment is not approved by the voters, those sections
43-4 have no effect.
43-5 SECTION 35. The importance of this legislation and the
43-6 crowded condition of the calendars in both houses create an
43-7 emergency and an imperative public necessity that the
43-8 constitutional rule requiring bills to be read on three several
43-9 days in each house be suspended, and this rule is hereby suspended,
43-10 and that this Act take effect and be in force according to its
43-11 terms, and it is so enacted.
43-12 * * * * *