Tex.
Gov't Code Section 403.0552
Preparation and Retention of Certain Warrants
(a)
The comptroller may prepare and retain a warrant that Section 57.48 (Payments by the Comptroller to Defaulting Persons Prohibited), Education Code, Section 231.007 (Debts to State), 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 (Payments by the Comptroller to Defaulting Persons Prohibited), Education Code, Section 231.007 (Debts to State), 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 (Time for Payment by Governmental Entity).(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 (Payment from Treasury) 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 (Deductions for Repayment of Certain Debts or Tax Delinquencies) or other applicable law;(C)
the date the comptroller recovers the amount of the person’s indebtedness to the state under Chapter 666 (Recovering Excess Compensation Paid to a State Officer or Employee); 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 (Payments by the Comptroller to Defaulting Persons Prohibited), Education Code, Section 231.007 (Debts to State), Family Code, or Section 403.055 from issuing a warrant or initiating an electronic funds transfer in accordance with the voucher.
Source:
Section 403.0552 — Preparation and Retention of Certain Warrants, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.403.htm#403.0552 (accessed Jun. 5, 2024).
