| (a) Applicability. This rule governs the comptroller's
delegation of the authority to print and issue warrants under Government
Code, §403.060(a).
(b) Definitions. The following words and terms, when
used in this subchapter, shall have the following meanings.
(1) Electronic Funds Transfer (EFT)--A transfer of
funds which is initiated by the participating state agency as originator
to the originating depository financial institution to order, instruct,
or authorize a receiving depository financial institution to perform
a credit entry, reversal, or reclamation. An EFT may include a pay
card. For purposes of this rule, an EFT does not include a transaction
originated by wire transfer, check, draft, warrant, or other paper
instrument.
(2) MOU--Memorandum of Understanding.
(3) National Automated Clearing House Association (NACHA)--The
electronic payments association that establishes standards, rules,
and procedures that enable domestic financial institutions to exchange
payments electronically.
(4) Participating state agency--A state agency that
has requested and received from the comptroller the delegated authority
to print and issue warrants.
(5) Pay card--A payment card issued to a state payee
that provides access to state funds as authorized by a state agency.
(6) Payment method--A warrant or an EFT payment.
(7) Regulation E--The regulations adopted by the Board
of Governors of the Federal Reserve System at 12 C.F.R. Part 205,
as they may be amended, to implement the Electronic Fund Transfer
Act (15 U.S.C. §1693 et seq. ).
(8) State agency--
(A) a department, commission, board, office, or other
agency in the executive or legislative branch of state government
that is created by the constitution or a statute of this state, including
the comptroller of public accounts;
(B) the supreme court of Texas, the court of criminal
appeals, a court of appeals, or a state judicial agency; or
(C) a university system or an institution of higher
education as defined by Education Code, §61.003, other than a
public junior college.
(9) State payee--A person to whom a state payment is
issued, including an individual, state employee, annuitant, business,
vendor, governmental entity, or other legal recipient paid by the
state of Texas.
(10) Warrant--A state payment in the form of a paper
instrument which is subject to applicable state law, is drawn on the
state of Texas treasury funds, and is payable to a state payee on
behalf of a state agency by the comptroller or a state agency with
delegated authority to print and issue warrants under Government Code, §403.060(a).
A warrant is not an approved means of EFT.
(c) Delegating the printing and issuance of warrants
to a state agency. The head of a state agency must submit a written
request to the comptroller's office to obtain delegated authority
to print and issue warrants. The request must:
(1) identify the type of payments the agency is requesting
to print and issue warrants for;
(2) identify the payment method the agency intends
to use; and
(3) state the duration requested for the delegation
authority.
(d) If the request is approved by the comptroller's
office, the participating state agency shall agree to the following:
(1) the participating state agency agrees to bear all
of its own costs and expenses in relation to the printing and distribution
of warrants and/or EFT payments; and
(2) must agree to a MOU that includes, but is not limited
to:
(A) general duties and responsibilities of the participating
state agency;
(B) warrant design requirements and specifications;
(C) security and audit of warrants and/or EFT payments;
(D) recording of warrants and/or EFT payments issued
by the participating state agency;
(E) cancellation of warrants and/or EFT payments issued
by the participating state agency;
(F) replacement of warrants and/or EFT payments issued
by the participating state agency;
(G) contingency planning for printing and issuance
of warrants and/or EFT payments; and
(H) EFT payments.
(e) EFT payments.
(1) A participating state agency that is delegated
authority by the comptroller to print and issue warrants may instead
make payments through the EFT system, including the issuance of a
pay card, as provided by Government Code, §403.016(g).
(2) A participating state agency that makes payments
through the EFT system shall comply with Regulation E and all NACHA
rules and regulations.
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