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(a)Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1)Comptroller--The Comptroller of Public Accounts of the State of Texas. (2)Include--A term of enlargement and not of limitation or exclusive enumeration. The use of the term does not create a presumption that components not expressed are excluded. (3)May not--A prohibition. The term does not mean "might not" or its equivalents. (4)Payee--A person to whom a warrant is made payable. (5)Payment cancellation voucher--The paper form prescribed by the comptroller that a state agency completes when requesting cancellation of a warrant by the comptroller. (6)Person--Includes an individual, a corporation, an organization, a government or governmental subdivision or agency, a business trust, an estate, a trust, a partnership, an association, and any other legal entity. (7)Replacement warrant--A warrant issued to replace an original warrant. (8)Statewide accounting systems--Includes the Uniform Statewide Accounting System, the Uniform Statewide Payroll/Personnel System and the Statewide Payroll/Personnel Reporting System. (b)Request for issuance. A person may request issuance of a replacement warrant if the person is the payee of the original warrant. The request must be directed to the state agency on whose behalf the original warrant was issued and must be accompanied by any statements or documentation required by the agency. Upon receipt of the request, the agency must determine whether: (1)the original warrant was lost, destroyed, or stolen; (2)the person did not receive the original warrant; or (3)the person's endorsement on the original warrant was forged. (c)Issuance by comptroller. The comptroller may issue a replacement warrant only if: (1)the comptroller receives proper notification of the existence of at least one of the conditions listed in subsection (b) of this section, concerning the original warrant; (2)the state agency on whose behalf the original warrant was issued provides the notification; and (3)subsection (f) of this section, does not prohibit issuance of the replacement warrant. (d)Issuance by other agency. A state agency other than the comptroller may issue a replacement warrant if: (1)the comptroller has delegated to the agency under Government Code, §403.060 the authority to issue original and replacement warrants; (2)the replacement warrant would replace an original warrant previously issued by the agency; (3)at least one of the conditions listed in subsection (b) of this section, exists concerning the original warrant; and (4)subsection (f) of this section, does not prohibit issuance of the replacement warrant. (e)Notification. (1)This paragraph applies to all warrants except the financial assistance warrants governed by Human Resources Code, §31.038. Notification to the comptroller under subsection (c)(1) of this section, is proper only if the agency: (A)submits the information directly to the comptroller's Web cancellation system in accordance with the comptroller's requirements, if the agency's documentation is retained in the agency's files for audit by the comptroller; or (B)complies with the comptroller's requirement to submit a payment cancellation voucher to the comptroller for cancellation of warrants that are not eligible to be canceled on the comptroller's Web cancellation system. (i)The agency must complete and submit the payment cancellation voucher to the comptroller. (ii)The agency may substitute the comptroller's payment cancellation voucher with an agency payment cancellation voucher only upon approval by the comptroller. (2)This paragraph applies only to the financial assistance warrants governed by Human Resources Code, §31.038. Notification to the comptroller under subsection (c)(1) of this section, is proper only if the Texas Department of Health and Human Services completes and submits the appropriate documentation to the comptroller. (3)After a warrant is canceled, the state agency that requested its cancellation may request issuance of a replacement warrant in accordance with the procedures adopted by the comptroller. The request for a replacement warrant must be submitted to the statewide accounting system from which the original warrant was issued. (f)Prohibition on issuance. A replacement warrant may not be issued if: (1)the original warrant has been paid, unless a refund of the payment has been obtained by the state; (2)the period during which the comptroller may pay the original warrant has expired under Government Code, §404.046, or other applicable law; (3)the payee of the replacement warrant is not the same as the payee of the original warrant; or (4)state or federal law prohibits the issuance of a warrant to the payee of the replacement warrant. (g)Limitations and exceptions. (1)A replacement warrant must reflect the same fiscal year as the original warrant and may not be paid unless presented to the comptroller or a financial institution before the expiration of two years after the close of the fiscal year in which the original warrant was issued. (2)Except as provided by paragraph (1) of this subsection, a replacement warrant for a federal guaranteed student loan identified by the Texas Higher Education Coordinating Board must be issued within 120 calendar days from its original date of issuance and may not be paid unless presented to the comptroller or a financial institution before its expiration date. (3)Except as provided by this paragraph, the Texas Workforce Commission shall comply with this section when issuing a replacement warrant. The deadline for issuance of the warrant is the deadline specified in Labor Code, Chapter 210, Subchapter B. (4)This section applies to the cancellation of a warrant or check or the issuance of a replacement warrant or check by a state agency other than the comptroller only if the agency issued the original warrant or check under authority delegated to the agency by the comptroller under Government Code, §403.060.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise
of the agency's legal authority.
Filed with the Office
of the Secretary of State on October 31, 2008
TRD-200805758 Martin Cherry
General Counsel
Comptroller of Public Accounts
Effective date: November
20, 2008
Proposal publication date: September 19, 2008
For further information, please call: (512) 475-0387
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