Texas Register

TITLE 34 PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 5FUNDS MANAGEMENT (FISCAL AFFAIRS)
SUBCHAPTER FCLAIMS PROCESSING--GENERAL REQUIREMENTS
RULE §5.61Approval and Certification of Certain Payment, SPRS, and USPS Documents
ISSUE 10/17/2008
ACTION Final/Adopted
Preamble Texas Admin Code Rule

      (ii)USPS or SPRS no longer recognizes the individual's user identification number as belonging to an individual who has authority to approve USPS or SPRS documents.

    (B)A security profile change required by subparagraph (A) of this paragraph must take effect not later than the date the revocation takes effect.

    (C)The comptroller is responsible for changing the security profiles if the comptroller revoked the designation. Otherwise, the security coordinator of the state agency that revoked the designation is responsible.

    (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paragraph, then the comptroller may unilaterally change the security profiles of the individual whose designation has been revoked.

  (6)Unauthorized approvals of payment and USPS or SPRS documents.

    (A)This paragraph applies to a payment or USPS or SPRS document only if the comptroller determines that an individual approved the document after the taking effect of the revocation of the individual's designation to approve payment and USPS or SPRS documents.

    (B)The comptroller may take any necessary steps to prevent a warrant from being issued or an electronic funds transfer from being initiated until a payment, SPRS, or USPS document subject to this paragraph is properly approved.

    (C)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, SPRS, or USPS document resulted in the warrant or electronic funds transfer shall cooperate fully with the comptroller in this regard.

(l)Signature card requirements.

  (1)Presiding officers and heads of agency. A signature card submitted by a state agency concerning the approval of payment and USPS or SPRS documents by the presiding officer of a governing body or by a head of agency is valid only if the card:

    (A)specifies the legal name, Texas identification number, mail code, and position of the presiding officer or head of agency;

    (B)provides the presiding officer's or head of agency's user identification number, if the officer or head of agency has one;

    (C)contains the presiding officer's or head of agency's original signature;

    (D)specifies the agency's name and identification number;

    (E)provides a contact phone number for the agency; and

    (F)lists an effective date.

  (2)Designated individuals. A signature card submitted by a state agency concerning the designation of an individual to approve payment and USPS or SPRS documents is valid only if the card:

    (A)specifies the designated individual's legal name, Texas identification number, mail code, and position;

    (B)provides the designated individual's user identification number, if the individual has one;

    (C)contains the designated individual's original signature;

    (D)specifies the agency's name and identification number;

    (E)provides a contact phone number for the agency; and

    (F)lists an effective date that is the same as the date listed in the accompanying written notification.

(m)Limitations adopted by state agencies concerning approval and designation authority.

  (1)Limitations on approval authority. The comptroller may not enforce a state agency's decision to limit an individual's approval authority to particular types of payment, SPRS, or USPS documents if the limit is stricter than required by state law and this section. Enforcement of that decision is solely the agency's responsibility.

  (2)Limitations on designation authority. The comptroller may not enforce a state agency's decision to limit a presiding officer's, executive director's, or chief deputy's authority to designate individuals to approve payment, SPRS, or USPS documents if the limit is stricter than required by state law and this section. Enforcement of that decision is solely the agency's responsibility.

(n)Signature card and notification forms adopted by the comptroller.

  (1)Adoption of forms. The comptroller may adopt one or more forms to facilitate compliance with the signature card and written notice and notification requirements of this section.

  (2)Use of forms. If the comptroller adopts a form under paragraph (1) of this subsection, then a state agency must use the form to comply with the requirements of this section to the extent the comptroller intends the form to be used for that purpose.

(o)How electronic approvals of payment and USPS or SPRS documents are provided.

  (1)Release of payment documents into USAS for processing.

    (A)A state agency may request USAS to process a batch of the agency's payment documents only by releasing the batch on-line according to this section and the procedures adopted by the comptroller.

    (B)A batch that a state agency has released must be released again by the agency if:

      (i)a transaction within the batch is altered after its original release; or

      (ii)a transaction is added to the batch after its original release.

    (C)An individual may approve a payment document only if:

      (i)the individual begins an on-line session in USAS by entering the individual's user identification number and password; and

      (ii)USAS determines that the user identification number and password belong to an individual who USAS recognizes as authorized to approve the agency's payment documents.

    (D)USAS recognizes an individual as authorized to release a state agency's payment documents only if the comptroller has given the individual the necessary security to release those documents.

    (E)A state agency that wants an individual to have release capabilities for the agency's payment documents must properly request necessary security for the individual from the comptroller. The comptroller will grant the request only if the comptroller determines that the individual:

      (i)has inherent authority to approve payment documents and the requirements of subsection (f)(2) of this section have been satisfied; or

      (ii)the individual has been designated to approve the agency's payment documents, the requirements of subsection (j) of this section have been satisfied, and the individual's designation has not been revoked according to subsection (k) of this section.

  (2)Legal significance of releasing batches of payment documents into USAS for processing.

    (A)The on-line release of a batch of payment documents into USAS for processing constitutes the electronic approval of all those documents.

    (B)An individual who releases a batch of payment documents into USAS for processing is responsible for the truth and accuracy of the following statement with respect to each payment document and transaction in the batch: "I approve each purchase, travel, and payroll document in this batch. Employees at my state agency have determined that each document complies with applicable law, including the General Appropriations Act (GAA) and the rules of the comptroller of public accounts. For each purchase or travel document, employees at my state agency have determined that: the goods and services covered by the document comply with the requirements of the contracts under which they were purchased; and that the invoices for the goods and services are correct. For each transaction included in a travel document, employees at my state agency have determined that the information included in the transaction has been approved by the claimant. For each payroll document, employees at my state agency have determined that: the payroll is correct and unpaid; and that any salary supplementation report required by the GAA to be filed with the comptroller of public accounts and the secretary of state has been filed. My state agency has authorized me to make this statement for the agency, and I accept responsibility for it." An individual who does not want to be responsible for this statement about a batch may not release the batch. An individual may not both release a batch and avoid responsibility for the statement.

    (C)The chief fiscal officer of a state agency shall ensure that each individual who is authorized or designated to approve the agency's payment documents understands this paragraph. The agency's executive director or head of agency, as applicable, shall ensure that the chief fiscal officer satisfies this requirement. However, the failure of the chief fiscal officer, the executive director, or the head of agency to comply with a requirement of this subparagraph does not relieve any individual from responsibility for the truth and accuracy of the statement in subparagraph (B) of this paragraph.

    (D)A state agency may not adopt a policy, procedure, or rule that conflicts with this paragraph.

  (3)Release of USPS or SPRS documents into USPS or SPRS for processing.

    (A)A state agency may request USPS or SPRS to process a batch of the agency's USPS or SPRS documents only by releasing the batch on-line according to this section and the procedures adopted by the comptroller.

    (B)A batch that a state agency has released must be released again by the agency if:

      (i)a transaction within the batch is altered after its original release; or

      (ii)a transaction is added to the batch after its original release.

    (C)An individual may approve a USPS or SPRS document only if:

      (i)the individual begins an on-line session in USPS or SPRS by entering the individual's user identification number and password; and

      (ii)USPS or SPRS determines that the user identification number and password belong to an individual who USPS or SPRS recognizes as authorized to approve the agency's USPS or SPRS documents.

    (D)USPS or SPRS recognizes an individual as authorized to release a state agency's USPS or SPRS documents only if the comptroller has given the individual the necessary security to release those documents.

    (E)A state agency that wants an individual to have release capabilities for the agency's USPS or SPRS documents must properly request necessary security for the individual from the comptroller. The comptroller will grant the request only if the comptroller determines that the individual:

      (i)has inherent authority to approve USPS or SPRS documents and the requirements of subsection (f)(2) of this section have been satisfied; or

      (ii)the individual has been designated to approve the agency's USPS or SPRS documents, the requirements of subsection (j) of this section have been satisfied, and the individual's designation has not been revoked according to subsection (k) of this section.

  (4)Legal significance of releasing batches of USPS or SPRS documents into USPS or SPRS for processing.

    (A)The on-line release of a batch of USPS or SPRS documents into USPS or SPRS for processing constitutes the electronic approval of all those documents.

    (B)An individual who releases a batch of USPS or SPRS documents into USPS or SPRS for processing is responsible for the truth and accuracy of the following statement with respect to each document and transaction in the batch: "I approve each document in this batch. Employees at my state agency have determined that each document complies with applicable law, including the General Appropriations Act (GAA) and the rules of the comptroller of public accounts. For each document that involves the payment of compensation to a state officer or employee, employees at my state agency have determined that: the payroll is correct and unpaid; and that any salary supplementation report required by the GAA to be filed with the comptroller of public accounts and the secretary of state has been filed. For each document that does not involve the payment of compensation to a state officer or employee, employees at my state agency have determined that: the goods and services covered by the document comply with the requirements under which they were purchased; and that the invoices for the goods or services are correct. For each transaction that involves the reimbursement of a meal expense incurred during non-overnight travel, employees at my state agency have determined that the information included in the transaction has been approved by the claimant. My state agency has authorized me to make this statement for the agency, and I accept responsibility for it." An individual who does not want to be responsible for this statement about a batch may not release the batch. An individual may not both release a batch and avoid responsibility for the statement.

    (C)The chief fiscal officer of a state agency shall ensure that each individual who is authorized or designated to approve the agency's USPS or SPRS documents understands this paragraph. The agency's executive director or head of agency, as applicable, shall ensure that the chief fiscal officer satisfies this requirement. However, the failure of the chief fiscal officer, the executive director, or the head of agency to comply with a requirement of this subparagraph does not relieve any individual from responsibility for the truth and accuracy of the statement in subparagraph (B) of this paragraph.

    (D)A state agency may not adopt a policy, procedure, or rule that conflicts with this paragraph.

  (5)Disclosure of user identification numbers and passwords. An individual may not disclose the individual's user identification number or password, or both, to any individual or entity. Therefore, an individual may not authorize another individual to release a batch of payment, SPRS, or USPS documents by using the first individual's user identification number and password. Penal Code, §33.02(b) criminalizes the intentional or knowing disclosure of a password or personal identification number to an individual or entity without the effective consent of the computer owner.

(p)Non-electronic approvals of paper payment documents.

  (1)Special definition. In this subsection, "payment document" means only a paper payment document.

  (2)General requirements. A state agency may provide non-electronic approval of a payment document only if the comptroller consents to that approval method.

  (3)Requirements of other subsections. In addition to this subsection, subsections (a) - (o) of this section govern all aspects of non-electronic approvals of payment documents, with the exceptions specified in those subsections.

  (4)Method for providing approvals.

    (A)The non-electronic approval of a payment document must be provided through the original signature of an individual who is authorized or designated to approve the document.

    (B)An individual's original signature on a payment document is a valid approval of that document only if the signature matches the individual's signature on the appropriate signature card or, if adopted by the comptroller, on the form used in lieu of signature cards.

  (5)Reapprovals. If a payment document is altered in any manner after an individual has properly approved the document, then the document must be properly approved again.

(q)Non-electronic approvals of payment documents submitted to USAS electronically and of USPS or SPRS documents.

  (1)Special definition. In this subsection, "payment document" means only a payment document that is submitted to USAS electronically.

  (2)General requirements. A state agency may provide non-electronic approval of a payment, SPRS, or USPS document only if the comptroller consents to that approval method.

  (3)Requirements of other subsections. In addition to this subsection, subsections (a) - (o) of this section govern all aspects of non-electronic approvals of payment and USPS or SPRS documents, with the exceptions specified in those subsections.

  (4)Method for providing approvals.

    (A)The non-electronic approval of a payment, SPRS, or USPS document must be provided through the original signature of an individual who is authorized or designated to approve the document.

    (B)An individual's original signature on a payment, SPRS, or USPS document is a valid approval of that document only if the signature matches the individual's signature on the appropriate signature card or, if adopted by the comptroller, on the form used in lieu of signature cards.

  (5)Reapprovals. If a payment, SPRS, or USPS document is altered in any manner after an individual has properly approved the document, then the document must be properly approved again.

  (6)When the release of a payment, SPRS, or USPS document does not constitute approval of that document.

    (A)If the comptroller has consented to the contract, a state agency may contract with an individual not employed by the agency or with another entity to:

      (i)release the agency's payment documents into USAS for processing;

      (ii)release the agency's USPS or SPRS documents into USPS or SPRS for processing; or

      (iii)release the agency's payment documents into USAS for processing and the agency's USPS or SPRS documents into USPS or SPRS for processing.

    (B)The release of a payment, SPRS, or USPS document under subparagraph (A) of this paragraph does not constitute approval of the document. The document may be approved only according to paragraph (4) of this subsection.

    (C)The comptroller may consent to a contract described by subparagraph (A) of this paragraph if:

Cont'd...

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