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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 5FUNDS MANAGEMENT (FISCAL AFFAIRS)
SUBCHAPTER FCLAIMS PROCESSING--GENERAL REQUIREMENTS
RULE §5.61Approval and Certification of Certain Payment, SPRS, and USPS Documents
Historical Texas Register

    (B) The head of agency of a state agency may authorize the agency's chief deputy to designate one or more individuals to approve the agency's payment and USPS or SPRS documents. The chief deputy may make a designation only if the authorization is effective according to subsection (h)(2) of this section.

(h) How to authorize individuals to designate other individuals to approve payment and USPS or SPRS documents.

  (1) State agencies headed by a governing body.

    (A) The authorization of a presiding officer or executive director to designate individuals to approve payment and USPS or SPRS documents is effective only after the comptroller has received proper written notice of the authorization.

    (B) Written notice to the comptroller is proper only if the notice satisfies the requirements of this subparagraph.

      (i) The notice must be:

        (I) a certified copy of the minutes of the meeting of the governing body during which it made the authorization; or

        (II) a letter, memorandum, or other writing.

      (ii) If the notice consists of a copy of the minutes, then the copy must be certified and signed by:

        (I) the presiding officer of the governing body; or

        (II) the member of the governing body who is responsible for keeping those minutes.

      (iii) If the notice is in the form of a letter, memorandum, or other writing, then it must be signed by the presiding officer of the governing body.

      (iv) The notice must state in substance that the governing body has authorized the presiding officer or executive director, as applicable, to designate individuals to approve the agency's payment and USPS or SPRS documents.

      (v) The notice must state an effective date for the authorization.

    (C) The authorization of a presiding officer or executive director to designate individuals to approve payment and USPS or SPRS documents may be of a named individual or, alternatively, anyone who holds the position of presiding officer or executive director.

      (i) If the comptroller receives notification that a governing body has authorized the "presiding officer" or the "executive director," then the body is deemed to have authorized whoever holds the position of presiding officer or executive director.

      (ii) If the comptroller receives notification that a governing body has authorized a named individual, then the body is deemed to have decided that its authorization terminates automatically upon the individual's leaving the position of presiding officer or executive director.

    (D) The authorization of a presiding officer or executive director may not be limited to designating individuals to approve only payment documents or only USPS and SPRS documents. If the comptroller receives notification that a governing body has authorized the presiding officer or executive director to designate individuals to approve only one type of document, then the body is deemed to have authorized the designation of individuals to approve both types of documents.

  (2) State agencies headed by an elected or appointed state official.

    (A) The authorization of a chief deputy to designate individuals to approve payment and USPS or SPRS documents is effective only after the comptroller has received proper written notice of the authorization.

    (B) Written notice to the comptroller is proper only if the notice:

      (i) contains the head of agency's original signature;

      (ii) states in substance that the head of agency has authorized the chief deputy to designate individuals to approve the agency's payment and USPS or SPRS documents; and

      (iii) states an effective date for the authorization.

    (C) The authorization of a chief deputy to designate individuals to approve payment and USPS or SPRS documents may be of a named individual or, alternatively, anyone who holds the position of chief deputy.

      (i) If the comptroller receives notification that a head of agency has authorized the "chief deputy," then the head of agency is deemed to have authorized whoever holds the position of chief deputy.

      (ii) If the comptroller receives notification that a head of agency has authorized a named individual, then the head of agency is deemed to have decided that the authorization terminates automatically upon the individual's leaving the position of chief deputy.

    (D) The authorization of a chief deputy may not be limited to designating individuals to approve only payment documents or only USPS and SPRS documents. If the comptroller receives notification that a head of agency has authorized the chief deputy to designate individuals to approve only one type of document, then the head of agency is deemed to have authorized the designation of individuals to approve both types of documents.

(i) How to revoke authorizations of individuals to designate other individuals to approve payment and USPS or SPRS documents.

  (1) State agencies headed by a governing body.

    (A) The governing body of a state agency may revoke its authorization of a presiding officer or executive director to designate individuals to approve the agency's payment and USPS or SPRS documents.

    (B) If a governing body revokes an authorization, then the body's presiding officer shall ensure that the comptroller receives written notice of the revocation not later than the tenth day after its effective date.

    (C) If the comptroller determines that an individual made a designation after the effective date of the revocation of the individual's authority to make designations, then the comptroller may not recognize the designation.

    (D) This subparagraph applies only if the governing body of a state agency has authorized a named individual to designate individuals to approve the agency's payment and USPS or SPRS documents.

      (i) The comptroller shall stop recognizing the authorization of an individual who, at the time of the authorization, was the body's presiding officer if the comptroller determines that the individual no longer holds that position.

      (ii) The comptroller shall stop recognizing the authorization of an individual who, at the time of the authorization, was the agency's executive director if the comptroller determines that the individual no longer holds that position.

      (iii) A determination under clause (i) or (ii) of this subparagraph may be based on any information the comptroller deems credible.

    (E) A change in the membership of a governing body does not automatically revoke an authorization made by that body. Whether an authorization would be revoked automatically by the abolishment of a governing body, the wholesale substitution of one governing body for another, or the transfer of a state agency from the jurisdiction of one governing body to another would depend on the legislation enacting the abolishment, substitution, or transfer.

  (2) State agencies headed by an elected or appointed state official.

    (A) The head of agency of a state agency may revoke the authorization of a chief deputy to designate individuals to approve the agency's payment and USPS or SPRS documents. The head of agency shall ensure that the comptroller receives written notice of the revocation not later than the tenth day after its effective date. If the comptroller determines that an individual made a designation after the effective date of the revocation of the individual's authority to make designations, then the comptroller may not recognize the designation.

    (B) This subparagraph applies only if the head of agency of a state agency has authorized a named individual to designate individuals to approve the agency's payment and USPS or SPRS documents. The comptroller shall stop recognizing the authorization of an individual who, at the time of the authorization, was the chief deputy if the comptroller determines that the individual no longer holds that position. This determination may be based on any information the comptroller deems credible.

    (C) When an individual stops being the head of agency of a state agency, all authorizations made by that individual are revoked automatically. Whether an authorization would be revoked automatically by the transfer of a state agency from the jurisdiction of one head of agency to another would depend on the legislation enacting the abolishment, substitution, or transfer.

(j) How to designate individuals to approve payment and USPS or SPRS documents.

  (1) State agencies headed by a governing body.

    (A) An individual who has been designated to approve a state agency's payment and USPS or SPRS documents may approve one of those documents if:

      (i) the comptroller has received proper written notice of the designation;

      (ii) the comptroller has received a signature card that complies with subsection (l) of this section; and

      (iii) the individual's security profile has been established according to:

Cont'd...

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