34 Tex. Admin. Code § 5.140 - Replacement Payments
(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) Comptroller--The Comptroller of Public
Accounts for 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) 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) May not--A
prohibition. The term does not mean "might not" or its equivalents.
(6) Payee--A person to whom a payment 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) Payment cancellation voucher--The form
prescribed by the comptroller that a state agency completes when requesting
cancellation of a warrant by the comptroller.
(8) Replacement payment--A payment issued to
replace an original warrant, either by issuing a replacement warrant or
initiating an electronic funds transfer.
(9) 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) Statewide accounting system--Includes
the Uniform Statewide Accounting System, the Uniform Statewide
Payroll/Personnel System, the Statewide Payroll/Personnel Reporting System and
the Centralized Accounting and Payroll/Personnel System.
(11) Warrant--A state payment in the form of
paper issued to a payee by or on behalf of a state agency.
(b) Request for issuance. The payee of an
original warrant may request issuance of a replacement payment. The request
must be directed to the state agency that initiated the original warrant and
must be accompanied by any statements or documentation required by the
agency.
(c) Issuance by
comptroller. The comptroller may issue a replacement payment only if:
(1) the state agency that initiated the
original warrant provides to the comptroller proper notification that:
(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) subsection (f) of this section does not
prohibit issuance of the replacement payment.
(d) Issuance by other agency. A state agency
other than the comptroller may issue a replacement payment only if:
(1) the comptroller has delegated to the
agency the authority to print and deliver warrants under Government Code,
§
403.060;
(2) the replacement payment would replace an
original warrant previously issued by the agency;
(3) the agency has determined that:
(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.
(e) Notification.
(1) For all warrants except financial
assistance warrants governed by Human Resources Code, §
31.038 and back
pay award warrants governed by Labor Code, Chapter 210, Subchapter B,
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 financial
assistance warrants governed by Human Resources Code, §
31.038 and back
pay award warrants governed by Labor Code, Chapter 210, Subchapter B,
notification to the comptroller under subsection (c)(1) of this section is
proper only if the agency 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 in accordance with the procedures
adopted by the comptroller. The request for a replacement payment must be
submitted to the appropriate statewide accounting system.
(f) Prohibition on issuance. A replacement
payment 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 is not the same as the payee of the original warrant;
or
(4) state or federal law
prohibits the issuance of a payment to the payee of the replacement
payment.
(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
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. The deadline for issuance of the replacement payment is
the deadline specified in Labor Code, Chapter 210, Subchapter B.
(4) A replacement payment issued to replace a
state employee payroll warrant may not be issued by initiating an electronic
funds transfer. Such replacement payment may be issued only in the form of a
replacement warrant.
(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.
Notes
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