34 Tex. Admin. Code § 5.400 - Printing and Issuance of Warrants
(a)
Applicability. This rule governs the comptroller's delegation of the authority
to print and issue warrants under Government Code, §
403.060(a).
(b) Definitions. The following words and
terms, when used in this subchapter, shall have the following meanings.
(1) Electronic Funds Transfer (EFT)--A
transfer of funds which is initiated by the participating state agency as
originator to the originating depository financial institution to order,
instruct, or authorize a receiving depository financial institution to perform
a credit entry, reversal, or reclamation. An EFT may include a pay card. For
purposes of this rule, an EFT does not include a transaction originated by wire
transfer, check, draft, warrant, or other paper instrument.
(2) MOU--Memorandum of
Understanding.
(3) National
Automated Clearing House Association (NACHA)--The electronic payments
association that establishes standards, rules, and procedures that enable
domestic financial institutions to exchange payments electronically.
(4) Participating state agency--A state
agency that has requested and received from the comptroller the delegated
authority to print and issue warrants.
(5) Pay card --A payment card issued to a
state payee that provides access to state funds as authorized by a state
agency.
(6) Payment method--A
warrant or an EFT payment.
(7)
Regulation E--The regulations adopted by the Board of Governors of the Federal
Reserve System at 12 C.F.R. Part 205, as they may be amended, to implement the
Electronic Fund Transfer Act (15
U.S.C. §
1693 et seq.).
(8) State agency--
(A) a department, commission, board, office,
or other agency in the executive or legislative branch of state government that
is created by the constitution or a statute of this state, including the
comptroller of public accounts;
(B)
the supreme court of Texas, the court of criminal appeals, a court of appeals,
or a state judicial agency; or
(C)
a university system or an institution of higher education as defined by
Education Code, §
61.003, other than a
public junior college.
(9) State payee--A person to whom a state
payment is issued, including an individual, state employee, annuitant,
business, vendor, governmental entity, or other legal recipient paid by the
state of Texas.
(10) Warrant--A
state payment in the form of a paper instrument which is subject to applicable
state law, is drawn on the state of Texas treasury funds, and is payable to a
state payee on behalf of a state agency by the comptroller or a state agency
with delegated authority to print and issue warrants under Government Code,
§
403.060(a).
A warrant is not an approved means of EFT.
(c) Delegating the printing and issuance of
warrants to a state agency. The head of a state agency must submit a written
request to the comptroller's office to obtain delegated authority to print and
issue warrants. The request must:
(1) identify
the type of payments the agency is requesting to print and issue warrants
for;
(2) identify the payment
method the agency intends to use; and
(3) state the duration requested for the
delegation authority.
(d) If the request is approved by the
comptroller's office, the participating state agency shall agree to the
following:
(1) the participating state agency
agrees to bear all of its own costs and expenses in relation to the printing
and distribution of warrants and/or EFT payments; and
(2) must agree to a MOU that includes, but is
not limited to:
(A) general duties and
responsibilities of the participating state agency;
(B) warrant design requirements and
specifications;
(C) security and
audit of warrants and/or EFT payments;
(D) recording of warrants and/or EFT payments
issued by the participating state agency;
(E) cancellation of warrants and/or EFT
payments issued by the participating state agency;
(F) replacement of warrants and/or EFT
payments issued by the participating state agency;
(G) contingency planning for printing and
issuance of warrants and/or EFT payments; and
(H) EFT payments.
(e) EFT payments.
(1) A participating state agency that is
delegated authority by the comptroller to print and issue warrants may instead
make payments through the EFT system, including the issuance of a pay card, as
provided by Government Code, §
403.016(g).
(2) A participating state agency that makes
payments through the EFT system shall comply with Regulation E and all NACHA
rules and regulations.
Notes
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