CHAPTER 2107. COLLECTION OF DELINQUENT OBLIGATIONS TO STATE

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE C. STATE ACCOUNTING, FISCAL MANAGEMENT, AND PRODUCTIVITY

CHAPTER 2107. COLLECTION OF DELINQUENT OBLIGATIONS TO STATE

Sec. 2107.001. DEFINITIONS. In this chapter:

(1) "Obligation" includes a debt, judgment, claim, account, fee,

fine, tax, penalty, interest, loan, charge, or grant.

(2) "State agency" means an agency, board, commission,

institution, or other unit of state government.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2107.002. AGENCY COLLECTION PROCESS. (a) The attorney

general shall adopt uniform guidelines for the process by which a

state agency collects delinquent obligations owed to the agency.

(b) A state agency that collects delinquent obligations owed to

the agency shall establish procedures by rule for collecting a

delinquent obligation and a reasonable period for collection. The

rules must conform to the guidelines established by the attorney

general.

(c) Until a state agency adopts rules under this section, the

attorney general by rule may establish collection procedures for

the agency, including the period for collecting a delinquent

obligation.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2107.003. COLLECTION BY ATTORNEY GENERAL OR OUTSIDE AGENT.

(a) Except as provided by Subsection (c) or (c-1), a state

agency shall refer an uncollected and delinquent obligation that

meets the referral guidelines established by the attorney general

to the attorney general for further collection efforts. The

state agency must refer the obligation on or before the 90th day

after the date the obligation becomes past due or delinquent.

(b) The attorney general:

(1) may provide legal services for collection of the obligation;

(2) may authorize the requesting state agency to employ, retain,

or contract with, subject to approval by the attorney general and

subject to the agency's compliance with applicable guidelines

established by the attorney general, one or more persons to

collect the obligation; or

(3) if the attorney general determines it to be economical and

in the best interest of the state, may contract on behalf of the

state agency with one or more persons to collect the obligation.

(c) The comptroller may employ, retain, or contract with a

person other than a full-time state employee to collect

delinquent obligations that are owed the comptroller in the

comptroller's official capacity, are not collected through normal

collection procedures, and do not meet the referral guidelines

adopted for collection by the attorney general. A proposed

contract under this subsection shall be reviewed by the attorney

general. A person contracting with the comptroller under this

subsection is entitled to a collection fee, as provided under the

contract, in an amount not to exceed 30 percent of the full

amount of the obligation.

(c-1) The comptroller may also contract with one or more persons

to collect delinquent obligations that have been referred to the

attorney general and that the attorney general has returned to

the comptroller after exhausting all reasonable collection

efforts. A proposed contract under this subsection shall be

reviewed by the attorney general. A person contracting with the

comptroller under this subsection is entitled to a collection fee

equal to 30 percent of the full amount of the obligation

collected.

(d) The agency contracting under Subsection (b) or (c) is

entitled to recover from the obligor, in addition to the amount

of the obligation, reasonable costs incurred in undertaking the

collection, including the costs of a contract under this section,

in an amount not to exceed 30 percent of the total amount of the

obligation.

(e) A person awarded a contract under Subsection (b), (c), or

(c-1) may not file suit or otherwise pursue judicial action to

collect the obligation owed in a court of this state or another

state on behalf of the contracting state agency.

(f) Except as provided by Subsection (b)(3), a state agency may

determine in its sole discretion which obligations to refer to a

private collection firm for collection.

(g) The contracting state agency may provide a person

contracting under Subsection (b), (c), or (c-1) any information,

including confidential information, that the agency is not

prohibited from sharing with another state or with the United

States and that is:

(1) in the custody of the agency owed the obligation; and

(2) necessary to the collection of the obligation.

(h) A person acting under a contract formed under Subsection

(b), (c), or (c-1) and each employee or agent of that person is

subject to all statutory prohibitions against the wrongful

disclosure of confidential information that the contracting state

agency and its employees are subject to. A contractor's employee

is subject to the same penalties for wrongful disclosure of

confidential information as would apply to the employees of the

contracting agency.

(i) The contracting agency shall require a person who contracts

under Subsection (b), (c), or (c-1) to obtain and maintain

insurance adequate to provide reasonable coverage for damages

negligently, recklessly, or intentionally caused by the

contractor or the contractor's employee or agent in the course of

collecting an obligation under the contract.

(j) A person who contracts with a state agency under this

section is subject to Chapter 392, Finance Code.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 653, Sec. 1, eff.

Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1386, Sec. 1, eff. September 1, 2007.

Sec. 2107.004. NOTICE BY COMPTROLLER TO ATTORNEY GENERAL FOR

FURTHER COLLECTION. Except as provided by Section 2107.003, not

later than the 30th day after the comptroller determines that its

efforts to collect a delinquent obligation have failed, the

comptroller shall report the uncollected and delinquent

obligation to the attorney general for further collection

efforts.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 653, Sec. 2, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 470, Sec. 1, eff. Sept.

1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1386, Sec. 2, eff. September 1, 2007.

Sec. 2107.005. REPORTS TO ATTORNEY GENERAL. The attorney

general may develop specific reporting procedures for each state

agency and may adopt rules relating to the reports, including

rules specifying when an agency must report and what information

must be included in the report. Each state agency shall file an

annual debt report with the attorney general not later than the

90th day after the end of each fiscal year. The report shall

contain the information required by rules adopted under this

section by the attorney general.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 470, Sec. 2, eff.

Sept. 1, 1999.

Sec. 2107.006. ATTORNEY FEES AND COSTS. In any proceeding under

this chapter or other law in which the state seeks to collect or

recover a delinquent obligation or damages, the attorney general

may recover reasonable attorney fees, investigative costs, and

court costs incurred on behalf of the state in the proceeding in

the same manner as provided by general law for a private

litigant.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2107.007. RETENTION OF COLLECTION FEE. (a) An obligation

reported to the attorney general for collection under this

chapter is subject to a collection fee for the use and benefit of

the attorney general as provided by legislative appropriation.

(b) The attorney general may retain the amount of the collection

fee from the amount of the obligation collected.

(c) A collection fee may not be retained from amounts collected

for the unemployment compensation fund established under

Subchapter B, Chapter 203, Labor Code.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 8.18, eff.

Sept. 1, 1999.

Sec. 2107.008. PAYMENTS TO DEBTORS OR DELINQUENTS PROHIBITED.

(a) Except as provided by this section, a state agency, as a

ministerial duty, may not use funds in or outside of the state

treasury to pay a person if Section 403.055 prohibits the

comptroller from issuing a warrant or initiating an electronic

funds transfer to the person.

(b) Except as provided by this section, a state agency may

refuse to use funds in or outside of the state treasury to pay a

person if the person is indebted to the state or has a tax

delinquency and the agency is responsible for collecting that

indebtedness or delinquency. This subsection applies only if

Section 403.055 does not prohibit the comptroller from issuing a

warrant or initiating an electronic funds transfer to the person.

(c) A state agency may not pay the assignee of a person that the

agency may not pay under Subsection (a) if Section 403.055

prohibits the comptroller from issuing a warrant or initiating an

electronic funds transfer to the assignee. The agency may refuse

to pay the assignee of a person that the agency may refuse to pay

under Subsection (b) if the assignment became effective after the

person became indebted to the state or incurred a tax

delinquency.

(d) A state agency that Subsection (a) prohibits from making a

payment to a person also is prohibited from paying any part of

that payment to:

(1) the person's estate;

(2) the distributees of the person's estate; or

(3) the person's surviving spouse.

(e) A state agency that may refuse to make a payment to a person

under Subsection (b) also may refuse to make any part of that

payment to:

(1) the person's estate;

(2) the distributees of the person's estate; or

(3) the person's surviving spouse.

(f) This section neither prohibits a state agency from paying

nor authorizes a state agency to refuse to pay a person or the

person's assignee if the agency determines that the person is

complying with an installment payment agreement or similar

agreement between the agency and that person to pay or eliminate

the debt or delinquency.

(g) The comptroller may not reimburse a state agency for a

payment that the comptroller determines was made in violation of

Subsection (a).

(h) Subsection (b) does not authorize a state agency to refuse

to pay:

(1) the compensation of a state officer or employee; or

(2) the remuneration of an individual if the remuneration is

being paid by a private person through the agency.

(i) Subsection (b) does not authorize a state agency to refuse

to make a payment if:

(1) the payment would be made in whole or in part with money

paid to the state by the United States; and

(2) the agency determines that federal law:

(A) requires the payment to be made; or

(B) conditions the state's receipt of the money on the payment

being made.

(j) A state agency may not refuse to make a payment under

Subsection (b) before the agency has provided the person with an

opportunity to exercise any due process or other constitutional

or statutory protection that must be accommodated before the

agency or the state may begin a collection action or procedure.

(k) Subsection (a) does not prohibit a state agency from making

a payment if each state agency that properly reported the person

to the comptroller under Section 403.055(f) consents to the

payment.

(l) This section does not apply to the extent that Section

57.482, Education Code, applies.

(m) This section applies to a payment only if the comptroller is

not responsible under Section 404.046, 404.069, or 2103.003 for

issuing a warrant or initiating an electronic funds transfer to

make the payment.

(n) In this section:

(1) "Compensation," "state officer or employee," and "tax

delinquency" have the meanings assigned by Section 403.055.

(2) "State agency" has the meaning assigned by Section 403.055,

notwithstanding Section 2107.001.

Added by Acts 1999, 76th Leg., ch. 1467, Sec. 1.29, eff. Oct. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 44, eff.

June 15, 2001.