34 Tex. Admin. Code § 17.2 - Agency Contracts with Vendors or the Comptroller
(a) Administration by comptroller. A state
agency interested in accepting credit, charge, and debit cards will contact the
comptroller's office. The comptroller's office will determine whether it is in
the best interest of the state for the state agency to accept credit, charge,
and debit cards and whether the state agency should contract with the
comptroller or with a selected vendor. The comptroller will contract with
selected vendors to provide credit, charge, and debit card services to state
agencies that contract with the comptroller.
(b) State agency contracts with comptroller.
A state agency will enter into an interagency contract with the comptroller to
obtain access to the services provided by selected vendors pursuant to terms
established by the comptroller in the interagency contract.
(c) State agency contracts with vendors. In
lieu of contracting with the comptroller, a state agency, with the
comptroller's approval, may directly contract with vendors, provided the
criteria in paragraphs (1)-(8) of this subsection are met.
(1) The state agency shall provide the
comptroller's office with a draft copy of its Request for Proposal prior to
issuance and a draft copy of its vendor contract prior to execution. The
comptroller shall review the drafts for compliance with these rules, state law,
and other comptroller processes relevant to the deposit of funds into the state
treasury. The comptroller will notify the state agency whether the drafts are
accepted or rejected.
(2) The state
agency will provide the comptroller's office with the merchant numbers assigned
and the USAS coding block information at least two weeks prior to the
acceptance of the first credit, charge, or debit card transaction.
(3) The state agency must provide in its
contract with the vendor that the vendor will credit the comptroller's
designated bank account for the total amount of credit, charge, and debit card
sales, less any credits issued. The comptroller will enter the deposit into
USAS, crediting the appropriate coding block on the same day the vendor credits
the comptroller's designated bank account.
(4) In order to insure the accuracy of
information and credit, charge, and debit card payments transmitted to the
comptroller by state agencies, the comptroller shall determine the method by
which the information and credit, charge, and debit card payments will be
transmitted by state agencies.
(5)
The state agency's contract with the vendor must further provide that:
(A) the vendor shall debit the comptroller's
designated account for chargebacks;
(B) the state agency will have sole
responsibility for resolving chargebacks; and
(C) the vendor may debit the comptroller's
designated account for the fees or the vendor may invoice the state agency
directly for the fees.
(6) The state agency shall be responsible for
reviewing the fees for validity. The comptroller will enter the fee charges
into USAS.
(7) The state agency
will have sole responsibility for the security of the information captured in
each transaction.
(8) The state
agency will ensure that the vendor:
(A) makes
funds available on a timeframe that is equal to or better than what is provided
in the comptroller's contract with selected vendors; and
(B) complies with state law and all
comptroller policies with respect to deposits into the state
treasury.
(d)
Subject to any contracts between the state agency and any vendors or subject to
any interagency contracts between the state agency and the comptroller, a state
agency that accepts a credit, charge, or debit card for the payment of fees,
taxes, or other charges may assess a processing fee for the payment of such
fees, taxes, or other charges.
Notes
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