| (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Payee--A person or entity to whom a warrant is made payable. (2) Payment Cancellation Voucher--A form prescribed by the Comptroller used to cancel a warrant. (3) Replacement warrant--A warrant issued to replace an original warrant. (b) Request for issuance. A person or entity may request issuance of a replacement warrant if the person or entity is the payee of the original warrant. The request must be directed to the state agency on whose behalf the original warrant was issued and must be accompanied by any statements or documentation required by the agency. Upon receipt of the request, the agency must determine whether: (1) the original warrant was lost, destroyed, or stolen; (2) the original
warrant was not received by the person or entity; or (3) the person's or entity's endorsement on the original warrant was forged. (c) Issuance by comptroller. The comptroller may issue a replacement warrant only if: (1) the state agency on whose behalf the original warrant was issued properly notifies the comptroller that at least one of the conditions listed in subsection (b) of this section exists concerning the original warrant; and (2) subsection (f) of this section does not prohibit issuance of the replacement warrant. (d) Issuance by other agency. A state agency other than the comptroller may issue a replacement warrant if: (1) the comptroller has delegated to the agency the authority to issue original and replacement warrants; (2) the replacement warrant would replace an original warrant previously issued by the agency;
(3) at least one of the conditions listed in subsection (b) of this section exists concerning the original warrant; and (4) subsection (f) of this section does not prohibit issuance of the replacement warrant. (e) Notice. Notification to the comptroller under subsection (c)(1) of this section is proper only if the agency properly completes and submits a payment cancellation voucher. Once the warrant is canceled, the agency may submit a request for the issuance of a replacement warrant through procedures outlined by the Comptroller's Office. (f) Prohibition on issuance. A replacement warrant may not be issued if: (1) the original warrant has been paid, unless a refund of the payment has been obtained by the state; (2) the period during which the state treasurer or the comptroller may pay the original warrant has expired under the Government Code, §404.046, or
other applicable law; (3) the payee of the replacement warrant is not the same as the payee of the original warrant; or (4) state or federal law prohibits the issuance of a warrant to the payee of the replacement warrant. (g) Limitations. A replacement warrant must reflect the same fiscal year as the original warrant and may not be paid unless presented to the comptroller or a financial institution before the expiration of two years after the close of the fiscal year in which the original warrant was issued. Replacement warrants issued by the Texas Workforce Commission shall be issued in accordance with this section. The deadline for issuance of replacement warrants by the Texas Workforce Commission shall be governed by the Labor Code, Chapter 210, Subchapter B.
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