§ 403.0552 — PREPARATION AND RETENTION OF CERTAIN WARRANTS.

Texas § 403.0552

• Jurisdiction: Texas
• Code GV: Government Code

Text

Sec. 403.0552. PREPARATION AND RETENTION OF CERTAIN WARRANTS. (a) The comptroller may prepare and retain a warrant that Section 57.48 , Education Code, Section 231.007 , Family Code, or Section 403.055 prohibits the comptroller from issuing.
(b) Except as provided by this subsection, the comptroller may prepare a warrant to make a payment that Section 57.48 , Education Code, Section 231.007 , Family Code, or Section 403.055 prohibits the comptroller from initiating by electronic funds transfer. The comptroller shall prepare the warrant if the payment is overdue under Section 2251.021 .
(c) If the comptroller prepares a warrant under Subsection (a) or (b), the comptroller shall:
(1) make the warrant payable to the person to whom the warrant may not be issued or an electronic funds transfer may not be initiated; and
(2) retain the warrant until the earliest of:
(A) the first day the warrant may no longer be paid by the comptroller under Section 404.046 or other applicable law;
(B) the date the comptroller deducts the amount of the person's indebtedness to the state or tax delinquency from the amount of the warrant under Section 403.0551 or other applicable law;
(C) the date the comptroller recovers the amount of the person's indebtedness to the state under Chapter 666 ; or
(D) the first day the comptroller is no longer prohibited from issuing the warrant or initiating an electronic funds transfer to that person.
(d) The comptroller may not cancel or destroy a warrant prepared under Subsection (a) or (b) unless the comptroller receives a request for the cancellation or destruction from the state agency that submitted the voucher requesting issuance of the warrant or initiation of the electronic funds transfer and:
(1) the agency informs the comptroller that the voucher was erroneous or was submitted erroneously;
(2) the agency is the only state agency responsible for collecting the indebtedness or tax delinquency of the payee of the warrant; or
(3) all state agencies that are responsible for collecting the indebtedness or tax delinquency of the payee of the warrant consent to the cancellation or destruction.
(e) For purposes of Subsection (d)(1), a voucher is not erroneous and is not submitted erroneously merely because the comptroller is prohibited by Section 57.48 , Education Code, Section 231.007 , Family Code, or Section 403.055 from issuing a warrant or initiating an electronic funds transfer in accordance with the voucher.

Legislative History

Added by Acts 1999, 76th Leg., ch. 1467, Sec. 1.17, eff. Jan. 1, 2000. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 14(a), eff. June 15, 2001; Acts 2001, 77th Leg., ch. 1158, Sec. 14(b), eff. Sept. 1, 2001.