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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 5FUNDS MANAGEMENT (FISCAL AFFAIRS)
SUBCHAPTER BPAYMENT PROCESSING--ELECTRONIC FUNDS TRANSFERS
RULE §5.13Administration of Electronic Funds Transfers

    (A) when a paying state agency is in noncompliance of that agency's statutes requiring mandatory EFT payment of certain payments, or fails to comply with existing law and NACHA rules;

    (B) from any act or omission of a paying state agency or a custodial state agency; and

    (C) when a paying state agency and/or a custodial state agency fail to notify the comptroller of a regulatory requirement.

  (2) Notwithstanding any provision to the contrary, the comptroller, the paying state agency, and custodial state agency are not liable for any harm, damages, attorney's fees, or costs in connection with the EFTS, including but not limited to the following matters:

    (A) arising from any act or omission of any automated clearing house, financial institution, or other person or entity;

    (B) arising from the consequences of a rejection of the EFT account information by the receiving depository financial institution; and

    (C) arising when an EFT payment is rejected or posted late, including any additional late payment interest, additional late fees or charges.


Source Note: The provisions of this §5.13 adopted to be effective February 23, 2015, 40 TexReg 825

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