Bill Text: TX HB1152 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to payments by the comptroller of public accounts to employees, vendors, annuitants, and other recipients of state-issued payments through the electronic funds transfer system or by electronic pay card.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-02 - Left pending in committee [HB1152 Detail]
Download: Texas-2011-HB1152-Introduced.html
82R4307 CJC-D | ||
By: Guillen | H.B. No. 1152 |
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relating to payments by the comptroller of public accounts to | ||
employees, vendors, annuitants, and other recipients of | ||
state-issued payments through the electronic funds transfer system | ||
or by electronic pay card. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 403.016, Government Code, is amended to | ||
read as follows: | ||
Sec. 403.016. ELECTRONIC FUNDS TRANSFER AND ELECTRONIC PAY | ||
CARDS. (a) The comptroller shall establish and operate an | ||
electronic funds transfer system in accordance with this section. | ||
The comptroller may use the services of financial institutions, | ||
automated clearinghouses, and the federal government to establish | ||
and operate the electronic funds transfer system. The comptroller | ||
also shall establish and operate an efficient and effective system | ||
of making payments by electronic pay card. | ||
(b) The comptroller shall use either the electronic funds | ||
transfer system or an electronic pay card to pay an employee's net | ||
state salary and travel expense reimbursements [ |
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(c) The comptroller shall use either the electronic funds | ||
transfer system or an electronic pay card to make: | ||
(1) payments [ |
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Employees Retirement System of Texas or the Teacher Retirement | ||
System of Texas under either system's administrative jurisdiction | ||
and payments to annuitants of any other retirement system who are | ||
paid from funds in the state treasury; | ||
(2) recurring payments to municipalities, counties, | ||
political subdivisions, special districts, and other governmental | ||
entities of this state; and | ||
(3) payments to vendors who choose to receive payment | ||
through the electronic funds transfer system or an electronic pay | ||
card rather than by warrant. | ||
(d) If the comptroller is not required by this section to | ||
use either the electronic funds transfer system or an electronic | ||
pay card to pay a person, the comptroller may use the electronic | ||
funds transfer system or an electronic pay card to pay the person on | ||
the person's request. | ||
(e)(1) [ |
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(4) and subject to any limitation in rules adopted by the | ||
comptroller, an automated clearinghouse, or the federal | ||
government, the comptroller may use the electronic funds transfer | ||
system to deposit payments only to one or more accounts of a payee | ||
at one or more financial institutions, including credit unions. | ||
(2) The comptroller may also use the electronic funds | ||
transfer system to deposit a portion of an employee's gross pay into | ||
the employee's account at a credit union as prescribed by | ||
Subchapter G, Chapter 659. | ||
(3) A single electronic funds transfer may contain | ||
payments to multiple payees. Individual transfers or warrants are | ||
not required for each payee. | ||
(4) The comptroller may also use the electronic funds | ||
transfer system to deposit a portion of an employee's gross pay into | ||
an account of an eligible state employee organization for a | ||
membership as prescribed by Subchapter G, Chapter 659. | ||
(f) [ |
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payment by warrant, the comptroller may instead make the payment | ||
through the electronic funds transfer system or by electronic pay | ||
card. The comptroller's use of the electronic funds transfer | ||
system, an electronic pay card, or any other payment means does not | ||
create a right that would not have been created if a warrant had | ||
been issued. | ||
(g) [ |
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make a payment through the electronic funds transfer system or by | ||
electronic pay card, the comptroller may make a payment by warrant | ||
if the comptroller determines after conducting a cost analysis | ||
that[ |
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funds transfer or electronic pay card system would exceed the cost | ||
of issuing a warrant. The comptroller shall submit to the | ||
Legislative Budget Board the cost analysis supporting each | ||
determination made by the comptroller under this subsection. | ||
(h) [ |
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this section, including rules relating to allowing recipients of | ||
state payments to choose at appropriate times between receiving | ||
payment through the electronic funds transfer system, by electronic | ||
pay card, or by warrant [ |
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SECTION 2. Subchapter B, Chapter 403, Government Code, is | ||
amended by adding Section 403.0161 to read as follows: | ||
Sec. 403.0161. CONTRACTS FOR ELECTRONIC PAY CARD SERVICES. | ||
The comptroller shall contract with one or more vendors for the | ||
provision of electronic pay card services. A contract under this | ||
section must be by competitive bid. The comptroller shall specify | ||
the qualifications for bidders, which must include requirements | ||
that the entity that issues the pay card must: | ||
(1) be federally insured or possess sufficient | ||
financial resources to ensure protection of payees; and | ||
(2) demonstrate adequate 24-hour customer service to | ||
ensure that all payees are able to reasonably access their funds | ||
worldwide at any time. | ||
SECTION 3. Section 659.084, Government Code, is amended to | ||
read as follows: | ||
Sec. 659.084. ELECTRONIC FUNDS TRANSFER. Salaries for | ||
state officers and employees paid once a month shall be paid through | ||
electronic funds transfer under Section 403.016 unless paid on an | ||
electronic pay card [ |
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SECTION 4. This Act takes effect January 1, 2012. |