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Historical Rule for the Texas Administrative Code

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 and USPS Documents

      (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 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 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 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 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:

        (I) USAS security's procedures and requirements if the approval is of a payment document; or

        (II) USPS security's procedures and requirements if the approval is of a USPS document.

    (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 designation; 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:

        (I) the presiding officer of the governing body if it made the designation; or

        (II) the individual who made the designation if the governing body did not.

      (iv) The notice must:

        (I) identify the governing body or individual who made the designation;

        (II) list the legal name of the designated individual;

        (III) state an effective date for the designation; and

        (IV) say in substance that the individual has been designated to approve payment and USPS documents.

    (C) Notwithstanding subparagraph (A)(iii) of this paragraph, an individual may provide non-electronic approval of a payment or USPS document without establishing a security profile. This subparagraph applies only if the comptroller does not require the approval to be provided electronically.

    (D) The designation of an individual to approve payment or USPS documents must be of a named individual. The designation may not be of just anyone who holds a particular office or position. If the comptroller receives notification that a particular office or position has been designated, then the designation will be deemed to have been of the individual who holds the office or position as of the date the designation is made. The comptroller's failure to specifically refuse to recognize the designation of an office or position does not constitute the comptroller's acceptance of the designation of the office or position.

    (E) The designation of an individual may not be limited to approving only payment documents or only USPS documents. If the comptroller receives notification that an individual has been designated to approve only one type of document, then the designation will be deemed to include approval of both types of documents.

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

    (A) An individual who has been designated to approve a state agency's payment and USPS 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:

        (I) USAS security's procedures and requirements if the approval is of a payment document; or

        (II) USPS security's procedures and requirements if the approval is of a USPS document.

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

      (i) is signed by the individual who made the designation;

      (ii) lists the legal name of the designated individual;

      (iii) says who made the designation;

      (iv) states an effective date for the designation; and

      (v) says in substance that the individual has been designated to approve payment and USPS documents.

    (C) Notwithstanding subparagraph (A)(iii) of this paragraph, an individual may provide non-electronic approval of a payment or USPS document without establishing a security profile. This subparagraph applies only if the comptroller does not require the approval to be provided electronically.

    (D) The designation of an individual to approve payment and USPS documents must be of a named individual. The designation may not be of just anyone who holds a particular office or position. If the comptroller receives notification that a particular office or position has been designated, then the designation will be deemed to have been of the individual who holds the office or position as of the date the designation is made. The comptroller's failure to specifically refuse to recognize the designation of an office or position does not constitute the comptroller's acceptance of the designation of the office or position.

    (E) The designation of an individual may not be limited to approving only payment documents or only USPS documents. If the comptroller receives notification that an individual has been designated to approve only one type of document, then the designation will be deemed to include approval of both types of documents.

(k) How to revoke designations of individuals to approve payment and USPS documents.

  (1) State agencies headed by a governing body.

    (A) The governing body of a state agency may, at anytime, revoke the designation of an individual to approve the agency's payment and USPS documents, regardless of who made the designation.

    (B) This subparagraph applies only if a state agency's presiding officer is authorized to designate individuals to approve the agency's payment and USPS documents. The presiding officer may revoke the designation of an individual only if:

      (i) the presiding officer made the designation;

      (ii) an individual who previously held the position of presiding officer made the designation while holding that position;

      (iii) the agency's executive director made the designation; or

      (iv) an individual who previously held the position of executive director made the designation while holding that position.

    (C) This subparagraph applies only if a state agency's executive director is authorized to designate individuals to approve the agency's payment and USPS documents. The executive director may revoke the designation of an individual only if:

      (i) the executive director made the designation; or

Cont'd...

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