| (a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Appropriation year--The year for which legal authorization
for the charge was granted by the legislature. Multiple appropriation
year activity may occur within a single fiscal year.
(2) Comptroller--The Comptroller of Public Accounts
for the State of Texas.
(3) Fiscal year--The accounting period for the state
government which begins on September 1 and ends on August 31.
(4) Include--A term of enlargement and not of limitation
or exclusive enumeration. The use of the term does not create a presumption
that components not expressed are excluded.
(5) May not--A prohibition. The term does not mean
"might not" or its equivalents.
(6) Payee--A person to whom a payment is made payable.
A payee may include an individual, a corporation, an organization,
a government or governmental subdivision or agency, a business trust,
an estate, a trust, a partnership, an association, and any other legal
entity.
(7) Payment cancellation voucher--The form prescribed
by the comptroller that a state agency completes when requesting cancellation
of a warrant by the comptroller.
(8) Replacement payment--A payment issued to replace
an original warrant, either by issuing a replacement warrant or initiating
an electronic funds transfer.
(9) State agency--
(A) a board, commission, department, or other agency
in the executive branch of state government that is created by the
constitution or a statute of this state, including the comptroller
of public accounts and an institution of higher education as defined
by Education Code, §61.003, other than a public junior college;
(B) the legislature or a legislative agency; or
(C) the supreme court, the court of criminal appeals,
a court of appeals, or a state judicial agency.
(10) Statewide accounting system--Includes the Uniform
Statewide Accounting System, the Uniform Statewide Payroll/Personnel
System, the Statewide Payroll/Personnel Reporting System and the Centralized
Accounting and Payroll/Personnel System.
(11) Warrant--A state payment in the form of paper
issued to a payee by or on behalf of a state agency.
(b) Request for issuance. The payee of an original
warrant may request issuance of a replacement payment. The request
must be directed to the state agency that initiated the original warrant
and must be accompanied by any statements or documentation required
by the agency.
(c) Issuance by comptroller. The comptroller may issue
a replacement payment only if:
(1) the state agency that initiated the original warrant
provides to the comptroller proper notification that:
(A) the agency has received a request for issuance
of a replacement payment from the payee of the original warrant;
(B) the replacement payment would replace an original
warrant previously issued by the agency; and
(C) the agency has determined that:
(i) the original warrant was lost, destroyed, or stolen;
(ii) the payee did not receive the original warrant;
or
(iii) the payee's endorsement on the original warrant
was forged; and
(2) subsection (f) of this section does not prohibit
issuance of the replacement payment.
(d) Issuance by other agency. A state agency other
than the comptroller may issue a replacement payment only if:
(1) the comptroller has delegated to the agency the
authority to print and deliver warrants under Government Code, §403.060;
(2) the replacement payment would replace an original
warrant previously issued by the agency;
(3) the agency has determined that:
(A) the original warrant was lost, destroyed, or stolen;
(B) the payee did not receive the original warrant;
or
(C) the payee's endorsement on the original warrant
was forged; and
(4) subsection (f) of this section does not prohibit
issuance of the replacement payment.
(e) Notification.
(1) For all warrants except financial assistance warrants
governed by Human Resources Code, §31.038 and back pay award
warrants governed by Labor Code, Chapter 210, Subchapter B, notification
to the comptroller under subsection (c)(1) of this section is proper
only if the agency:
(A) submits the information directly to the comptroller's
Web cancellation system in accordance with the comptroller's requirements,
if the agency's documentation is retained in the agency's files for
audit by the comptroller; or
(B) complies with the comptroller's requirement to
submit a payment cancellation voucher to the comptroller for cancellation
of warrants that are not eligible to be canceled on the comptroller's
Web cancellation system.
(i) The agency must complete and submit the payment
cancellation voucher to the comptroller.
(ii) The agency may substitute the comptroller's payment
cancellation voucher with an agency payment cancellation voucher only
upon approval by the comptroller.
(2) For financial assistance warrants governed by Human
Resources Code, §31.038 and back pay award warrants governed
by Labor Code, Chapter 210, Subchapter B, notification to the comptroller
under subsection (c)(1) of this section is proper only if the agency
completes and submits the appropriate documentation to the comptroller.
(3) After a warrant is canceled, the state agency that
requested its cancellation may request issuance of a replacement payment
in accordance with the procedures adopted by the comptroller. The
request for a replacement payment must be submitted to the appropriate
statewide accounting system.
(f) Prohibition on issuance. A replacement payment
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 comptroller may pay
the original warrant has expired under Government Code, §404.046,
or other applicable law;
(3) the payee of the replacement payment is not the
same as the payee of the original warrant; or
(4) state or federal law prohibits the issuance of
a payment to the payee of the replacement payment.
(g) Limitations and exceptions.
(1) A replacement warrant must reflect the same appropriation
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.
(2) Except as provided by paragraph (1) of this subsection,
a replacement payment for a federal guaranteed student loan identified
by the Texas Higher Education Coordinating Board must be issued within
120 calendar days from its original date of issuance and may not be
paid unless presented to the comptroller or a financial institution
before its expiration date.
(3) Except as provided by this paragraph, the Texas
Workforce Commission shall comply with this section when issuing a
replacement payment. The deadline for issuance of the replacement
payment is the deadline specified in Labor Code, Chapter 210, Subchapter
B.
(4) A replacement payment issued to replace a state
employee payroll warrant may not be issued by initiating an electronic
funds transfer. Such replacement payment may be issued only in the
form of a replacement warrant.
(5) The state agency that issues a replacement payment
under subsection (c) or (d) of this section is authorized to determine
whether the replacement payment is issued in the form of a replacement
warrant or an electronic funds transfer. The state agency must follow
the appropriate comptroller procedures for issuing a replacement payment.
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| Source Note: The provisions of this §5.140 adopted to be effective February 14, 1997, 22 TexReg 1329; amended to be effective February 15, 1999, 24 TexReg 993; amended to be effective November 20, 2008, 33 TexReg 9270; amended to be effective March 11, 2013, 38 TexReg 1695; amended to be effective July 12, 2018, 43 TexReg 4559 |
