| (ii) the comptroller is satisfied that the state agency, if any, that will be releasing the payment, SPRS, or USPS documents has statutory authority to enter into the contract; (iii) the contract is in writing; (iv) the comptroller is satisfied that the agency whose payment, SPRS, or USPS documents are being released has established an internal system for properly authorized or designated individuals to approve those documents before their release according to paragraph (4) of this subsection; (v) the comptroller is satisfied that approvals under the internal system described in clause (iv) of this subparagraph can be verified easily by the comptroller and the individual or entity that releases the payment, SPRS, or USPS documents; (vi) before an individual or entity releases a payment, SPRS, or USPS document, the contract requires the individual or entity to verify that the approval methods described in paragraph (4) of this subsection have been followed; (vii) the individual or entity has entered into a contract with the comptroller that obligates the individual or entity to comply with the requirements of this paragraph, if the comptroller determines the contract is necessary; (viii) the agency whose payment, SPRS, or USPS documents are being released has agreed in its post-payment contract, if any, with the comptroller that the release of those documents into USAS, SPRS, or USPS, as applicable, does not constitute approval of the document; and (ix) the comptroller is satisfied that the security provided under the contract is at least equivalent to the security that would exist if the agency released its own payment, SPRS, or USPS documents. (D) The burden of demonstrating that a state agency has statutory authority to enter into a contract described in subparagraph (A) of this paragraph is with the agency. The comptroller may require the submission of whatever information and legal arguments the comptroller deems necessary to satisfy the comptroller that the authority exists. (E) The comptroller must be kept informed about who is authorized to release the payment, SPRS, or USPS documents of a state agency that has entered into a contract described in subparagraph (A) of this paragraph. The authorized individuals may not appear on the agency's signature cards or, if adopted by the comptroller, the form used in lieu of the cards. The officer or employee of the agency who has the authority to enter into accounting services contracts is responsible for complying with this subparagraph. |
| Source Note: The provisions of this §5.61 adopted to be effective November 19, 1996, 21 TexReg 10990; amended to be effective February 2, 1998, 23 TexReg 786; amended to be effective October 20, 2008, 33 TexReg 8650 |
