| (d) Compliance with applicable NACHA rules and regulation.
Each participant in the EFTS, including the comptroller, the paying
state agency, the custodial state agency, and the state payee, shall
comply with applicable law and NACHA regulations in EFTS transactions.
(e) Confidentiality. Each participant in the EFTS,
including the comptroller, the paying state agency, the custodial
state agency, and the state payee, shall comply with applicable confidentiality
requirements under the law, including maintaining the confidentiality
of financial institution account numbers and state payee social security
numbers.
(f) Audit. The comptroller is subject to audit by NACHA
for compliance with NACHA rules concerning EFT transactions under
this chapter. The comptroller may audit a paying or custodial state
agency for compliance with applicable regulatory or NACHA rules concerning
EFT transactions under this chapter. A paying or custodial state agency
shall comply with an audit under this chapter.
(g) Notification.
(1) Any questions, comments, or complaints concerning
the comptroller's electronic funds transfer system as it relates to
Government Code, §403.016 and these rules may be sent to the
comptroller by mail to: Texas Comptroller of Public Accounts, Fiscal
Management, 111 E. 17th Street, Room 1010.9, Austin, Texas, 78711,
or by email to tins.mail@cpa.texas.gov, or at such other email address
as the comptroller may designate.
(2) The comptroller may provide additional information
and updates on its website regarding notification.
(3) The comptroller may require the custodial state
agency, the paying state agency, the state payee, and the financial
institution to provide contact information as appropriate.
(h) Conflict of law. If there is a conflict in law
between any of these rules and applicable law, the applicable law
shall apply. If any provision of these rules is held to be invalid,
illegal, or unenforceable due to a conflict of law, it will not affect
any other provisions of these rules, and the rules will be construed
as if such invalid or illegal or unenforceable provision had never
been contained herein.
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| Source Note: The provisions of this §5.12 adopted to be effective February 23, 2015, 40 TexReg 825; amended to be effective July 6, 2016, 41 TexReg 4861; amended to be effective July 31, 2018, 43 TexReg 4987; amended to be effective May 18, 2023, 48 TexReg 2507 |
