| (B) The
individual's security profile in USAS, if any, must be changed so that USAS no longer recognizes the individual's user identification number as belonging to an individual who has authority to approve payment documents. The individual's security profile in USPS, if any, must be changed so that USPS no longer recognizes the individual's user identification number as belonging to an individual who has authority to approve USPS documents. The changes must take effect not later than the date the individual ceases being the presiding officer or head of agency. (C) The security coordinator of the state agency with which the individual serves as presiding officer or head of agency is responsible for requesting the comptroller to change the individual's security profiles. (D) If the comptroller determines that a security coordinator has not complied with subparagraph (C) of this paragraph, then the comptroller may unilaterally
change the security profiles. (E) This subparagraph applies to a payment or USPS document only if the comptroller determines that an individual approved the document after the individual ceased being a presiding officer or a head of agency. The comptroller may take any necessary steps to prevent a warrant from being issued or an electronic funds transfer from being initiated until the document is properly approved. If the comptroller is unable to prevent a warrant from being issued or an electronic funds transfer from being initiated, then the comptroller may take any necessary steps to prevent the warrant from being honored or to reverse the electronic funds transfer. The state agency whose payment or USPS document results in the warrant or electronic funds transfer shall cooperate fully with the comptroller. (4) Individuals without inherent authority but who may be designated to approve payment documents. An officer or employee of a state
agency who does not have inherent authority to approve the agency's payment and USPS documents may be designated to approve those documents. A designation is valid only if it is made: (A) by someone with the authority to make designations; and (B) according to the procedures required by this section. (g) Who may designate individuals to approve payment and USPS documents. (1) State agencies headed by a governing body. (A) The governing body of a state agency may designate one or more individuals to approve its payment and USPS documents. (B) The governing body of a state agency may authorize the governing body's presiding officer or the agency's executive director, or both, to designate one or more individuals to approve the agency's payment and USPS documents. The presiding officer or executive director may make a designation only if the
authorization is effective according to subsection (h)(1) of this section. (2) State agencies headed by an elected or appointed state official. (A) The head of agency of a state agency may designate one or more individuals to approve the agency's payment and USPS documents. (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 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 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 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 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 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 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 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 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 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 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 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 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 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. Cont'd... |
