(a)Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1)Appropriation year--The year for
which legal authorization for the charge was granted by the legislature.
Multiple appropriation year activity may occur within a single fiscal
year.
(2)[(1)] Comptroller--The Comptroller
of Public Accounts for [of] the State of Texas.
(3)Fiscal year--The accounting period
for the state government which begins on September 1 and ends on August
31.
(4)[(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.
(5)[(3)] May not--A prohibition.
The term does not mean "might not" or its equivalents.
(6)[(4)] Payee--A person to
whom a payment [warrant] is made payable. A
payee may include 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)[(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.]
(8)[(7)] Replacement payment [
warrant]--A payment [warrant] issued to
replace an original warrant, either by issuing a replacement
warrant or initiating an electronic funds transfer.
(9)[(8)] State agency--
(A)a board, commission, department, or other agency
in the executive branch of state government that is created by the
constitution or a statute of this state, including the comptroller
of public accounts and an institution of higher education as defined
by Education Code, §61.003, other than a public junior college;
(B)the legislature or a legislative agency; or
(C)the supreme court, the court of criminal appeals,
a court of appeals, or a state judicial agency.
(10)[(9)] Statewide accounting
system [systems]--Includes the Uniform Statewide
Accounting System, the Uniform Statewide Payroll/Personnel System, [
and] the Statewide Payroll/Personnel Reporting System and
the Centralized Accounting and Payroll/Personnel System.
[(10)Appropriation year--The year
that the legal authorization for the charge was granted by the legislature.
Multiple appropriation year activity may occur within a single fiscal
year.]
[(11)Fiscal year--The accounting
period for the state government which begins on September 1 and ends
on August 31.]
(11)[(12)] Warrant--A state
payment in the form of paper issued to a payee by or [the
comptroller] on behalf of a state agency.
(b)Request for issuance. The payee of an original
warrant [A person] may request issuance of a replacement
payment [warrant if the person is the payee of the original
warrant]. The request must be directed to the state agency that
initiated [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 payment [warrant] only if:
(1)the state agency that initiated the original
warrant provides to the comptroller [receives] proper
notification that: [of the existence of at least one
of the conditions listed in subsection (b) of this section, concerning
the original warrant;]
(A)the agency has received a request
for issuance of a replacement payment from the payee of the original
warrant;
(B)the replacement payment would
replace an original warrant previously issued by the agency; and
(C)the agency has determined that:
(i)the original warrant was lost, destroyed, or stolen;
(ii)the payee did not receive the original warrant;
or
(iii)the payee's endorsement on the original warrant
was forged; and
[(2)the state agency on whose behalf
the original warrant was issued provides the notification; and]
(2)[(3)] subsection (f) of this
section[,] does not prohibit issuance of the replacement
payment [warrant].
(d)Issuance by other agency. A state agency other
than the comptroller may issue a replacement payment only [
warrant] if:
(1)the comptroller has delegated to the agency [under
Government Code, §403.060] the authority to print
and deliver [issue original and replacement] warrants
under Government Code, §403.060;
(2)the replacement payment [warrant]
would replace an original warrant previously issued by the agency;
(3)the agency has determined that: [at
least one of the conditions listed in subsection (b) of this section,
exists concerning the original warrant; and]
(A)the original warrant was lost,
destroyed, or stolen;
(B)the payee did not receive the
original warrant; or
(C)the payee's endorsement on the
original warrant was forged; and
(4)subsection (f) of this section[,] does
not prohibit issuance of the replacement payment [warrant
].
(e)Notification.
(1)For [This paragraph applies to]
all warrants except [the] financial assistance warrants
governed by Human Resources Code, §31.038 and back pay award
warrants governed by Labor Code, Chapter 210, Subchapter B, notification[
. 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)For [This paragraph applies only
to the] financial assistance warrants governed by Human Resources
Code, §31.038 and back pay award warrants governed by Labor
Code, Chapter 210, Subchapter B, notification[. Notification]
to the comptroller under subsection (c)(1) of this section[,]
is proper only if the agency [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 payment
[warrant] in accordance with the procedures adopted
by the comptroller. The request for a replacement payment [
warrant] must be submitted to the appropriate statewide
accounting system [from which the original warrant was issued].
(f)Prohibition on issuance. A replacement payment [
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 payment [
warrant] is not the same as the payee of the original warrant;
or
(4)state or federal law prohibits the issuance of
a payment [warrant] to the payee of the replacement
payment [warrant].
(g)Limitations and exceptions.
(1)A replacement warrant must reflect the same appropriation
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 payment [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 payment [warrant]. The deadline
for issuance of the replacement payment [warrant]
is the deadline specified in Labor Code, Chapter 210, Subchapter B.
(4)A[This section applies to the cancellation
of a warrant or the issuance of a] replacement payment [
warrant by a state agency other than the comptroller only if the agency]
issued to replace a state employee payroll [the original]
warrant may not be issued [under authority delegated
to the agency] by initiating an electronic funds transfer.
Such replacement payment may be issued only in the form of a replacement
warrant. [the comptroller under Government Code, §403.060.
]
(5)The state agency that issues a
replacement payment under subsection (c) or (d) of this section is
authorized to determine whether the replacement payment is issued
in the form of a replacement warrant or an electronic funds transfer.
The state agency must follow the appropriate comptroller procedures
for issuing a replacement payment.
The agency certifies that legal counsel has
reviewed the proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the
Secretary of State on April 17, 2018
TRD-201801655 Victoria North
Chief Counsel, Fiscal and Agency Affairs Legal Services Division
Comptroller of Public Accounts
Earliest possible date of adoption: June 3, 2018
For further information, please call: (512) 475-0387
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