CHAPTER 403. COMPTROLLER OF PUBLIC ACCOUNTS

GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE A. EXECUTIVE OFFICERS

CHAPTER 403. COMPTROLLER OF PUBLIC ACCOUNTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 403.001. DEFINITIONS. (a) In any state statute,

"comptroller" means the comptroller of public accounts of the

State of Texas.

(b) In this chapter:

(1) "Account" means a subdivision of a fund.

(2) "Dedicated revenue" means revenue set aside by law for a

particular purpose or entity.

(3) "Fund" means a fiscal and accounting entity with a

self-balancing set of accounts recording cash and other financial

resources.

(4) "Special fund" means a fund, other than the general revenue

fund, that is established by law for a particular purpose or

entity.

(5) "Cash Management Improvement Act" means the federal Cash

Management Improvement Act of 1990 (31 U.S.C. Section 6501 et

seq.).

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 11.01,

eff. Aug. 22, 1991; Acts 1993, 73rd Leg., ch. 449, Sec. 21, eff.

Sept. 1, 1993.

Sec. 403.002. PERFORMANCE OF DUTY. (a) Repealed by Acts 2003,

78th Leg., ch. 285, Sec. 31(9).

(b) If the comptroller intentionally neglects or refuses to

perform a duty of the office of comptroller, the comptroller is

liable to the state for a penalty of not less than $100 nor more

than $1,000 for each day of the neglect or refusal.

(c) The attorney general, by suit in the name of the state,

shall recover penalties provided by this chapter. Venue and

jurisdiction of the suit are in a court of Travis County.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 2003, 78th Leg., ch. 285, Sec. 9, 31(9), eff.

Sept. 1, 2003.

Sec. 403.003. CHIEF CLERK. (a) The comptroller shall appoint a

chief clerk who shall:

(1) perform the duties of the comptroller when the comptroller

is unavoidably absent or is incapable of discharging those

duties;

(2) act as comptroller if the office of comptroller becomes

vacant until a comptroller is appointed and qualified; and

(3) under the comptroller's direction, supervise the keeping of

the books, records, and accounts of the office and perform other

duties required by law or the comptroller.

(b) The chief clerk shall take the official oath.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 73, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 1423, Sec. 7.01, eff. Sept. 1,

1997; Acts 2003, 78th Leg., ch. 285, Sec. 10, eff. Sept. 1, 2003.

Sec. 403.004. CHIEF OF CLAIMS DIVISION. The comptroller shall

designate one person as chief of the claims division. The chief

of the claims division shall prepare or have prepared all

warrants and is accountable to the comptroller for warrants

coming into the person's possession.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., ch. 641, Sec. 3, eff. Sept. 1,

1991.

Sec. 403.006. INSPECTION OF ACCOUNTS. On request of a house or

committee of the legislature, the comptroller shall exhibit for

the house's or committee's examination any book, paper, voucher,

or other matter relating to the office.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 403.007. DIVISIONS. The comptroller may organize and

maintain divisions within the comptroller's office as necessary

for the efficient and orderly operation of the office.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 403.008. BONDS AND EMPLOYEES. (a) The comptroller shall

give any special bond required by an Act of Congress or a federal

department or official to protect federal funds deposited with

the comptroller. The state shall pay the expenses necessary and

incidental to the execution of the bond.

(b) The comptroller shall appoint other employees that are

authorized by law. The comptroller may require an employee to be

insured in the manner and sum required by the comptroller.

(c) The state shall pay any expense incident to the execution of

a bond authorized under Chapter 653 and any insurance of the

chief clerk and other employees.

Added by Acts 1997, 75th Leg., ch. 1035, Sec. 75, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 285, Sec. 11, eff.

Sept. 1, 2003.

SUBCHAPTER B. GENERAL POWERS AND DUTIES

Sec. 403.011. GENERAL POWERS. (a) The comptroller shall:

(1) obtain a seal with "Comptroller's Office, State of Texas"

engraved around the margin and a five-pointed star in the center,

to be used as the seal of the office to authenticate official

acts, except warrants drawn on the state treasury;

(2) adopt regulations the comptroller considers essential to the

speedy and proper assessment and collection of state revenues;

(3) supervise, as the sole accounting officer of the state, the

state's fiscal concerns and manage those concerns as required by

law;

(4) require all accounts presented to the comptroller for

settlement not otherwise provided for by law to be made on forms

that the comptroller prescribes;

(5) prescribe and furnish the form or electronic format to be

used in the collection of public revenue;

(6) prescribe the mode and manner of keeping and stating of

accounts of persons collecting state revenue;

(7) prescribe forms or electronic formats of the same class,

kind, and purpose so that they are uniform in size, arrangement,

matter, and form;

(8) require each person receiving money or managing or having

disposition of state property of which an account is kept in the

comptroller's office periodically to render statements of the

money or property to the comptroller;

(9) require each person who has received and not accounted for

state money to settle the person's account;

(10) keep and settle all accounts in which the state is

interested;

(11) examine and settle the account of each person indebted to

the state, verify the amount or balance, and direct and supervise

the collection of the money;

(12) audit claims against the state the payment of which is

provided for by law, unless the audit is otherwise specially

provided for;

(13) determine the method for auditing claims against the state

in a cost-effective manner, including the use of stratified and

statistical sampling techniques in conjunction with automated

edits;

(14) maintain the necessary records and data for each approved

claim against the state so that an adequate audit can be

performed and the comptroller can submit a report to each house

of the legislature, upon request, stating the name and amount of

each approved claim;

(15) keep and state each account between the state and the

United States;

(16) keep journals through which all entries are made in the

ledger;

(17) draw warrants on the treasury for payment of all money

required by law to be paid from the treasury on warrants drawn by

the comptroller;

(18) suggest plans for the improvement and management of the

general revenue; and

(19) preserve the books, records, papers, and other property of

the comptroller's office and deliver them in good condition to

the successor to that office.

(b) The comptroller may solicit, accept, or refuse a gift or

grant of money, services, or property on behalf of the state for

any public purpose related to the office or duties of the

comptroller.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 108, Sec. 4, eff. Sept. 1,

1989; Acts 1997, 75th Leg., ch. 1423, Sec. 7.03, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 1467, Sec. 1.12, eff. June 19,

1999.

Sec. 403.0111. DISTRIBUTION OF FEDERAL TAX INFORMATION. (a) In

addition to the distribution of state tax and fiscal information,

the comptroller's office is authorized to take the lead in

promoting awareness of federal earned income tax credits and to

encourage other agencies to similarly promote awareness of the

federal tax credit for working families and individuals who may

qualify.

(b) State agencies that otherwise distribute information to the

public may use existing resources to distribute information to

persons likely to qualify for federal earned income tax credits

and shall cooperate with the comptroller in information

distribution efforts.

Added by Acts 1995, 74th Leg., ch. 418, Sec. 1, eff. Sept. 1,

1995.

Sec. 403.0115. REPORTS PUBLISHED ON INTERNET. The comptroller

shall promptly publish on the comptroller's Internet site each

report that is:

(1) published by the comptroller; and

(2) public information subject to disclosure under the open

records law, Chapter 552.

Added by Acts 1999, 76th Leg., ch. 1582, Sec. 1, eff. Sept. 1,

1999.

Sec. 403.012. ACCEPTANCE OF FEDERAL MONEY. The comptroller may

accept federal money for a state agency not otherwise restricted

by statute or by rider or special provision in the General

Appropriations Act, if the state agency has certified to the

comptroller that the agency will be responsible for compliance

with applicable federal and state law.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 403.0121. ACCEPTANCE OF FEDERAL MONEY. The comptroller

shall execute instruments necessary to accept money, gifts, or

assets authorized by federal statute to be paid to the state in

lieu of taxes or as a gift by the Secretary of Housing and Urban

Development or any federal agency. The comptroller shall deposit

funds received under this section in the general revenue fund.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 18, eff. Sept. 1,

1993.

Sec. 403.0122. DEPOSIT OF AMERICAN RECOVERY AND REINVESTMENT ACT

MONEY. (a) In this section:

(1) "Fund" means the American Recovery and Reinvestment Act

fund.

(2) "Recovery act" means the federal American Recovery and

Reinvestment Act of 2009 (Pub. L. No. 111-5).

(b) The American Recovery and Reinvestment Act fund is created

as a special fund in the state treasury outside the general

revenue fund.

(c) Notwithstanding any other law of this state and except as

otherwise provided by federal law, state agencies that receive

money under the recovery act shall deposit the money to the

credit of the fund as the comptroller determines is necessary to

hold and account for money received under the recovery act.

(d) Other money may be deposited to the credit of the fund as

appropriated by the legislature, as required by federal law, or

as necessary to account for money related to the recovery act.

Money deposited to the credit of the fund may only be used for

the purposes identified in the recovery act to stimulate the

economy, including aid for unemployment, welfare, education,

health, and infrastructure.

(e) Agencies shall transfer amounts between the fund and other

accounts and funds in the treasury as necessary to properly

account for money received under the recovery act as directed by

the comptroller. This section does not affect the authority of

the comptroller to establish and use accounts necessary to manage

and account for revenues and expenditures.

(f) Interest earned on money deposited to the credit of the fund

is exempt from Section 404.071. Interest earned on money in the

fund shall be retained in the fund.

(g) The comptroller may issue guidelines for state agencies

regarding the implementation of this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

1051, Sec. 20(b), eff. June 19, 2009.

Sec. 403.013. REPORT TO GOVERNOR. (a) In this section, "state

agency" means:

(1) any department, commission, board, office, or other agency

in the executive or legislative branch of state government

created by the constitution or a statute of this state;

(2) the Supreme Court of Texas, the Court of Criminal Appeals of

Texas, a court of appeals, the Texas Civil Judicial Council, the

Office of Court Administration of the Texas Judicial System, the

State Bar of Texas, or another state judicial agency created by

the constitution or a statute of this state;

(3) a university system or an institution of higher education as

defined by Section 61.003, Education Code; or

(4) another governmental organization that the comptroller

determines to be a component unit of state government for

purposes of financial reporting under the provisions of this

section.

(b) On the first Monday of November of each year, and at other

times the governor requires, the comptroller shall exhibit to the

governor, in addition to the reports required by the

constitution, an exact and complete statement showing:

(1) the funds and revenues of the state; and

(2) public expenditures during the preceding year or during

another period required by the governor.

(c) On the last day of February of each year, in addition to the

reports required by the constitution and this section, the

comptroller shall exhibit to the governor an audited

comprehensive annual financial report that includes all state

agencies determined to be part of the statewide accounting entity

and that is prepared in accordance with generally accepted

accounting principles as prescribed or modified in pronouncements

of the Governmental Accounting Standards Board.

(d) The report under Subsection (c) shall be compiled from the

financial information requested by the comptroller under

Subchapter B, Chapter 2101, until it can be prepared from

information contained in a fully operational uniform automated

statewide accounting and reporting system.

(e) The comptroller is not required to include in the report

under Subsection (c) a state agency or other governmental

organization that the comptroller finds is not a component unit

of state government for purposes of financial reporting under

this section.

(f) The Texas growth fund and Texas growth fund II, created as

provided by Section 70, Article XVI, Texas Constitution, shall

provide the financial information listed in Subchapter B, Chapter

2101, to the comptroller once each year, not later than the date

established by the comptroller.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.02(a), eff. Sept.

1, 1989; Acts 1993, 73rd Leg., ch. 268, Sec. 16, eff. Sept. 1,

1993; Acts 1993, 73rd Leg., ch. 449, Sec. 23, eff. Sept. 1, 1993;

Acts 2001, 77th Leg., ch. 1158, Sec. 9, eff. Sept. 1, 2001; Acts

2001, 77th Leg., ch. 1158, Sec. 10, eff. June 15, 2001.

Sec. 403.0131. APPROPRIATION CERTIFICATION. (a) Not later than

the 10th day, excluding Sundays, after the date on which an act

making an appropriation is reported enrolled by the house of

origin, the comptroller shall complete the evaluation and

certification of the appropriation required by Section 49a(b),

Article III, Texas Constitution.

(b) As soon as practical after the comptroller certifies the

appropriations made by the legislature in a regular or special

session, the comptroller shall prepare a summary table that

details the basis for the certification of all major funds. The

table must be similar in format and detail to the summary tables

of the major fund estimates published in the comptroller's

biennial revenue estimate and must include the biennial

appropriations from all major funds. The comptroller shall

deliver a copy of each table prepared under this section to the

governor, the lieutenant governor, the speaker of the house of

representatives, each member of the legislature, and the

Legislative Budget Board.

Added by Acts 1999, 76th Leg., ch. 281, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec.

24.01, eff. Jan. 11, 2004.

Sec. 403.014. REPORT ON EFFECT OF CERTAIN TAX PROVISIONS. (a)

Before each regular session of the legislature, the comptroller

shall report to the legislature and the governor on the effect,

if it is possible to assess, of exemptions, discounts,

exclusions, special valuations, special accounting treatments,

special rates, and special methods of reporting relating to:

(1) sales, excise, and use tax under Chapter 151, Tax Code;

(2) franchise tax under Chapter 171, Tax Code;

(3) school district property taxes under Title 1, Tax Code;

(4) motor vehicle tax under Section 152.090; and

(5) any other tax generating more than five percent of state tax

revenue in the prior fiscal year.

(b) The report must include:

(1) an analysis of each special provision that reduces the

amount of tax payable, to include an estimate of the loss of

revenue for a six-year period including the current fiscal

biennium and a citation of the statutory or legal authority for

the provision; and

(2) for provisions reducing revenue by more than one percent of

total revenue for a tax covered by this section:

(A) the effect of each provision on the distribution of the tax

burden by income class and industry or business class, as

appropriate; and

(B) the effect of each provision on total income by income

class.

(c) The report may include:

(1) an assessment of the intended purpose of the provision and

whether the provision is achieving that objective; and

(2) a recommendation for retaining, eliminating, or amending the

provision.

(d) The report may be included in any other report made by the

comptroller.

(e) At the request of the chair of a committee of the senate or

house of representatives to which has been referred a bill or

resolution establishing, extending, or restricting an exemption,

discount, exclusion, special valuation, special accounting

treatment, special rate, or special method of reporting relating

to any state tax, the Legislative Budget Board with the

assistance, as requested, of the comptroller shall prepare a

letter analysis of the effect on the state's tax revenues that

would result from the passage of the bill or resolution. The

letter analysis shall contain the same information as provided in

Subsection (b), as appropriate.

(f) The comptroller and Legislative Budget Board may request

from any state officer or agency information necessary to

complete the report or letter analysis. Each state officer or

agency shall cooperate with the comptroller and Legislative

Budget Board in providing information or analysis for the report

or letter analysis.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 47, eff. June 19,

1997; Acts 1999, 76th Leg., ch. 1467, Sec. 2.02, eff. Oct. 1,

1999.

Amended by:

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

1266, Sec. 14, eff. September 1, 2007.

Sec. 403.0141. REPORT ON INCIDENCE OF TAX. (a) Before each

regular session of the legislature, the comptroller shall report

to the legislature and the governor on the overall incidence of

the school district property tax and any state tax generating

more than 2.5 percent of state tax revenue in the prior fiscal

year. The analysis shall report on the distribution of the tax

burden for the taxes included in the report.

(b) At the request of the chair of a committee of the senate or

house of representatives to which has been referred a bill or

resolution to change the tax system that would increase,

decrease, or redistribute tax by more than $20 million, the

Legislative Budget Board with the assistance, as requested, of

the comptroller shall prepare an incidence impact analysis of the

bill or resolution. The analysis shall report on the incidence

effects that would result if the bill or resolution were enacted.

(c) To the extent data is available, the incidence impact

analysis under Subsections (a) and (b):

(1) shall evaluate the tax burden:

(A) on the overall income distribution, using a systemwide

incidence measure or other appropriate measures of equality and

inequality; and

(B) on income classes, including, at a minimum, quintiles of the

income distribution, on renters and homeowners, on industry or

business classes, as appropriate, and on various types of

business organizations;

(2) may evaluate the tax burden:

(A) by other appropriate taxpayer characteristics, such as

whether the taxpayer is a farmer, rancher, retired elderly, or

resident or nonresident of the state; and

(B) by distribution of impact on consumers, labor, capital, and

out-of-state persons and entities;

(3) shall evaluate the effect of each tax on total income by

income group; and

(4) shall:

(A) use the broadest measure of economic income for which

reliable data is available; and

(B) include a statement of the incidence assumptions that were

used in making the analysis.

Added by Acts 1997, 75th Leg., ch. 1035, Sec. 48, eff. Sept. 1,

1997. Amended by Acts 1999, 76th Leg., ch. 1467, Sec. 2.03, eff.

Oct. 1, 1999.

Sec. 403.015. ELECTRONIC COMPUTING AND DATA PROCESSING. The

comptroller may:

(1) establish and operate a central electronic computing and

data processing center to:

(A) maintain the central accounting records of the state;

(B) prepare payrolls and other warrants;

(C) audit tax reports; and

(D) perform other accounting and data processing activities for

which this equipment economically and practically may be used;

(2) prescribe and revise claim forms, registers, warrants, and

other documents submitted in support of payroll or other claims

or to support tax or other payments to the state, in order to

provide for the orderly and economical use of equipment under

this section; and

(3) prescribe and revise procedures, techniques, and formats for

electronic data transmission, in order to improve the flow of

data between state agencies.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 403.016. ELECTRONIC FUNDS TRANSFER. (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 system.

(b) The comptroller shall use the electronic funds transfer

system to pay an employee's net state salary and travel expense

reimbursements unless:

(1) the employee does not hold a classified position under the

state's position classification plan and the employee's gross

state salary is less than the gross state salary for a position

classified to group 8, step 1, of the state position

classification plan; or

(2) the employee holds a classified position under the state's

position classification plan that is classified below group 8.

(c) The comptroller shall use the electronic funds transfer

system to make:

(1) payments of more than $100 to annuitants by the Employees

Retirement System of Texas or the Teacher Retirement System of

Texas under either system's administrative jurisdiction;

(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 rather than by warrant.

(d) If the comptroller is not required by this section to use

the electronic funds transfer system to pay a person, the

comptroller may use the system to pay the person on the person's

request.

(e) Repealed by Acts 1997, 75th Leg., ch. 1035, Sec. 90(a), eff.

June 19, 1997.

(f)(1) Except as provided by Subdivisions (2) and (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.

(g) When a law requires the comptroller to make a payment by

warrant, the comptroller may instead make the payment through the

electronic funds transfer system. The comptroller's use of the

electronic funds transfer system or any other payment means does

not create a right that would not have been created if a warrant

had been issued.

(h) Notwithstanding any requirement in this section to make a

payment through the electronic funds transfer system, the

comptroller shall issue a warrant to pay a person if:

(1) the person properly notifies the comptroller that:

(A) receiving the payment by electronic funds transfer would be

impractical to the person;

(B) receiving the payment by electronic funds transfer would be

more costly to the person than receiving the payment by warrant;

(C) the person is unable to establish a qualifying account at a

financial institution to receive electronic funds transfers; or

(D) the person chooses to receive the payment by warrant; or

(2) the state agency on whose behalf the comptroller makes the

payment properly notifies the comptroller that:

(A) making the payment by electronic funds transfer would be

impractical to the agency; or

(B) making the payment by electronic funds transfer would be

more costly to the agency than making the payment by warrant.

(i) Notwithstanding any requirement in this section to make a

payment through the electronic funds transfer system, the

comptroller may make a payment by warrant if the comptroller

determines that:

(1) using the electronic funds transfer system would be

impractical to the state; or

(2) the cost to the state of using the electronic funds transfer

system would exceed the cost of issuing a warrant.

(j) The comptroller shall adopt rules to administer this

section, including rules relating to the notifications that may

be provided to the comptroller under Subsection (h).

(k) Repealed by Acts 1999, 76th Leg., ch. 945, Sec. 2, eff. June

18, 1999.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., ch. 641, Sec. 4, eff. Sept. 1,

1991; Acts 1991, 72nd Leg., ch. 909, Sec. 2, eff. Aug. 26, 1991;

Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 3.01, eff. Jan. 1,

1992; Acts 1993, 73rd Leg., ch. 449, Sec. 24, eff. Sept. 1, 1993;

Acts 1993, 73rd Leg., ch. 939, Sec. 13, eff. Aug. 30, 1993; Acts

1997, 75th Leg., ch. 634, Sec. 1(a), eff. Sept. 1, 1998; Acts

1997, 75th Leg., ch. 1035, Sec. 49, 90(a), eff. June 19, 1997;

Acts 1999, 76th Leg., ch. 945, Sec. 1, 2, eff. June 18, 1999;

Acts 2003, 78th Leg., ch. 1310, Sec. 15, eff. June 20, 2003.

Sec. 403.0165. PAYROLL DEDUCTION FOR STATE EMPLOYEE

ORGANIZATION. (a) An employee of a state agency may authorize a

transfer each pay period from the employee's salary or wage

payment for a membership fee in an eligible state employee

organization. The authorization shall remain in effect until an

employee authorizes a change in the authorization. Authorizations

and changes in authorizations must be provided in accordance with

rules adopted by the comptroller.

(b) The comptroller shall adopt rules for transfers by employees

to a certified eligible state employee organization. The rules

may authorize electronic transfers of amounts deducted from

employees' salaries and wages under this section.

(c) Participation by employees of state agencies in the payroll

deduction program authorized by this section is voluntary.

(d) To be certified by the comptroller, a state employee

organization must have a current dues structure for state

employees in place and operating in this state for a period of at

least 18 months.

(e) Any organization requesting certification shall demonstrate

that the fee structure proposed from state employees is equal to

an average of not less than one-half of the fees for that

organization nationwide.

(f) An organization not previously certified may submit an

application for certification as an eligible state employee

organization to the comptroller at any time except during the

period after June 2 and before September 1.

(g) The comptroller may approve an application under Subsection

(f) if a state employee organization demonstrates to the

satisfaction of the comptroller that it qualifies as an eligible

state employee organization by providing the documentation

required by this section and applicable rules adopted by the

comptroller.

(h) The comptroller may charge an administrative fee to cover

the costs incurred as a result of administering this section. The

administrative fees charged by the comptroller shall be paid by

each qualifying state employee organization on a pro rata basis

to be determined by the comptroller. The comptroller by rule

shall determine the most efficient and effective method of

collecting the fees.

(i) The comptroller may adopt rules for the administration of

this section.

(j) Repealed by Acts 1997, 75th Leg., ch. 1035, Sec. 90(a), eff.

June 19, 1997.

(k) Any state employee organization that has a membership of at

least 4,000 state employee members on April 1, 1991, shall be

certified by the comptroller as an eligible state employee

organization. Such an organization may not be required to meet

any other eligibility requirements as set out in this section for

certification, including requirements in the definition of

eligible state employee organization under Subsection (l).

(l) In this section:

(1) "Eligible state employee organization" means a state

employee organization with a membership of at least 4,000 state

employees continuously for the 18 months preceding a request for

certification from the comptroller that conducts activities on a

statewide basis and that the comptroller has certified under this

article.

(2) "State agency" means a department, commission, board,

office, or any other state entity of state government.

Added by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 3.02, eff.

Jan. 1, 1992. Amended by Acts 1993, 73rd Leg., ch. 449, Sec. 25,

eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1035, Sec. 32,

90(a), eff. June 19, 1997.

Sec. 403.017. CUSTODY OF SECURITY FOR MONEY AND DEEDS. (a) A

bond, note, or other security for money given to the state or an

officer for the use of the state shall be deposited in the office

of the comptroller.

(b) A deed conveying land or an interest in land to the state

for highway purposes shall be deposited in the Austin office of

the Texas Department of Transportation.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1991, 72nd Leg., ch. 641, Sec. 5, eff. Sept. 1,

1991; Acts 1995, 74th Leg., ch. 165, Sec. 22(33), eff. Sept. 1,

1995.

Sec. 403.018. ASSISTANCE IN RECONSTRUCTING DESTROYED RECORDS.

The comptroller may assist any taxpayer in reconstructing and

recompiling business records that are damaged or destroyed by

natural disaster.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 403.019. CONTRACTS TO COLLECT OUT-OF-STATE DEBTS. (a) The

comptroller may contract with a person who is qualified in the

business of debt collection to collect on behalf of this state a

tax or other amount finally determined to be owed to this state

by a person residing outside this state and not known by the

agency referring the debt to have sufficient assets in this state

to satisfy the debt if the comptroller determines that the

collection service to be provided by the collector would be

economical and in the best interest of the state. Subject to

Subsection (c), a contract may permit or require the person to

pursue a judicial action in a court outside this state to collect

a tax or other amount owed. A contract may also apply to a tax or

other amount owed by a person residing outside this state and not

known by the agency referring the debt to have sufficient assets

in this state to satisfy the debt to a political subdivision of

this state, if the comptroller or another state official is

required by law to collect the tax or other amount owed for the

political subdivision. No contract authorized under this section

may exceed four years in length, except that such contract may

provide for an extension for the sole purpose of concluding

actions pending at the time of the termination of the contract.

This restriction shall not be construed so as to prohibit a

contractor from bidding on a subsequent contract.

(b) The comptroller must obtain services authorized by this

section in the manner provided for the purchase of services by

contract under Chapters 2155-2158. In addition to any other

notice required by that Act for inviting bids, the comptroller

shall solicit bids for a contract by publishing notice in the

Texas Register.

(c) A contract under this section is not valid unless approved

by the attorney general. The attorney general shall approve a

contract if the attorney general determines that the contract

complies with the requirements of this section and is in the best

interest of the state. No judicial action by any person on behalf

of the state under a contract authorized and approved by this

section may be brought unless approved by the attorney general.

(d) A contract authorized by this section may provide for

reasonable compensation for services provided under the contract,

including compensation determined by the application of a

specified percentage of the total amount collected, including

penalties, interest, court costs, or attorney's fees. If the debt

to be collected consists of unpaid taxes, including any

penalties, interest, or costs incurred in connection with the

taxes, for which tax enforcement funds are available, the

comptroller shall pay the compensation for services provided

under the contract from those funds.

(e) An amount collected under a contract authorized by this

section shall be deposited in a suspense account established for

that purpose in the state treasury. The comptroller shall pay any

compensation provided by the contract that is not paid from other

funds under Subsection (d) from the suspense account. After those

amounts have been paid, the remainder shall be transferred to the

fund or account to which the amount collected is required to be

deposited. If the amount collected is not required to be

deposited to a specific fund or account, the amount shall be

transferred to the general revenue fund.

(f) The comptroller may provide for the imposition of a

collection fee not to exceed 15 percent of the amount owed in

addition to the other amounts owed to this state to be collected

under a contract authorized by this section. The person who owes

the other amounts to be collected under the contract is liable

for the collection fee. The collection fee may be collected under

the contract in addition to the other amounts due. The amount of

the collection fee is the amount provided by the contract,

whether a specified amount or an amount contingent on the amount

collected or other factor, for compensation of the person with

whom the contract is made and any court costs or attorney's fees

incurred in collecting the amount owed to this state.

(g) The comptroller shall require a person acting on behalf of

the state under a contract authorized by this section to post a

bond or other security in an amount the comptroller determines is

sufficient to cover all revenue or other property of the state

that is expected to come into the possession or control of the

person in the course of providing the service.

(h) A person acting on behalf of the state under a contract

authorized by this section does not exercise any of the sovereign

power of this state, except that the person is an agent of this

state for purposes of determining the priority of a claim that

the person is attempting to collect under the contract with

respect to the claims of other creditors.

(i) The comptroller may provide a person acting on behalf of the

state under a contract authorized by this section with any

confidential information in the custody of the comptroller

relating to the debtor that is necessary to the collection of the

claim and that the comptroller is not prohibited from sharing

under an agreement with another state or the federal government.

A person acting on behalf of the state under a contract

authorized by this section, and each employee or agent of the

person, is subject to all prohibitions against the disclosure of

confidential information obtained from the state in connection

with the contract that apply to the comptroller or an employee of

the comptroller. A person acting on behalf of the state under a

contract authorized by this section or an employee or agent of

the person who discloses confidential information in violation of

a prohibition made applicable to the person under this subsection

is subject to the same sanctions and penalties that would apply

to the comptroller or an employee of the comptroller for that

disclosure.

(j) The comptroller shall require a person acting on behalf of

the state under a contract authorized by this section to obtain

and maintain insurance coverage adequate to provide reasonable

coverage for damages negligently, recklessly, or intentionally

caused by the person or the person's agent in the course of

collecting a debt under the contract and to protect the state

from any liability for those damages. This state is not liable

for and may not indemnify a person acting on behalf of the state

under a contract authorized by this section for damages

negligently, recklessly, or intentionally caused by the person or

the person's agent in the course of collecting a tax or other

amount under the contract.

(k) In addition to any other reasons that may be provided in the

contract, a contract authorized under this section may be

terminated if a person acting on behalf of the state under such

contract, or an employee or agent of the person, is found to be

in violation of the federal Fair Debt Collection Practices Act,

discloses confidential information to a person not authorized to

receive it as provided in Subsection (i) of this section, or

performs any act resulting in a final judgment for damages

against this state.

(l) The execution of a contract under this section does not

accelerate the imposition of any penalty imposed or to be imposed

on the tax or other amount to be collected under the contract.

Added by Acts 1989, 71st Leg., ch. 752, Sec. 1, eff. Jan. 1,

1991. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.191, eff.

Sept. 1, 1997.

Sec. 403.0195. CONTRACTS FOR INFORMATION ABOUT PROPERTY

RECOVERABLE BY THE STATE. (a) The comptroller may contract with

a person for the receipt of information about a possible claim

that the state may be entitled to pursue for the recovery of

revenue or other property.

(b) In a contract under Subsection (a), the total consideration

to be paid by the state:

(1) must be contingent on a recovery by the state;

(2) may not exceed five percent of the amount of the revenue or

the value of the other property that the state recovers as a

result of the pursuit of the claim about which the contracting

person provided information; and

(3) may be limited by agreement not to exceed a specified,

absolute dollar amount.

(c) Consideration may not be paid by the state under a contract

executed under Subsection (a) if, at the time the contract is

executed or within three months after the date of execution and

by means other than disclosure under the contract, a state

employee has knowledge of the claim disclosed under the contract

or has knowledge of a cause of action different from that

disclosed under the contract but entitling the state to recover

the same revenue or other property. An affidavit by a state

employee claiming that knowledge under those circumstances is

prima facie evidence of the knowledge and circumstances.

(d) This section does not apply to or affect property that is

recoverable by the state under Chapters 71 through 75, Property

Code.

(e) If the state recovers property in connection with a contract

executed under this section and payment of the contractual

consideration is not prohibited by Subsection (c), an amount not

to exceed five percent of the amount of revenue or proceeds from

the sale of property recovered shall be deposited to the credit

of the comptroller's operating fund for payment of the

consideration. The balance of the revenue or proceeds from the

sale of property recovered shall be deposited to the credit of

the general revenue fund or to any special fund as required by

law.

Added by Acts 1991, 72nd Leg., ch. 286, Sec. 1, eff. Sept. 1,

1991.

Sec. 403.021. ENCUMBRANCE REPORTS. (a) In this section, "state

agency" has the meaning assigned by Section 403.013.

(b) A state agency that expends appropriated funds shall report

into the uniform statewide accounting system all payables and

binding encumbrances by appropriation account for the first three

quarters of the current appropriation year within 30 days after

the close of each quarter. A state agency shall report payables

and binding encumbrances for all appropriation years annually to

the comptroller, the state auditor, and the Legislative Budget

Board no later than October 30 of each year.

(c) Payables and binding encumbrances must be reported for all

appropriations in the format that the comptroller prescribes.

(d) On November 1 of each fiscal year, the comptroller shall

lapse all unencumbered nonconstruction appropriation balances for

all prior appropriation years based on the payables and binding

encumbrances reported.

(e) If a state agency submits a valid claim against a prior

year's appropriation 30 days or more after the reporting due

date, the comptroller shall reinstate the agency's appropriations

to the extent of the claim.

(f) If a state agency submits a claim that is legally payable

against an appropriation for an earlier year and the balance of

the appropriation is insufficient to pay the claim, then the

comptroller may reopen the appropriation to pay the claim. A

claim is legally payable from an appropriation only if the

appropriation was encumbered to pay the claim before the

expiration of the appropriation.

(g) Each state agency shall reconcile all expenditures, binding

encumbrances, payables, and accrued expenditures, as reported in

the uniform statewide accounting system, with the state agency's

strategic planning and budget structure, as reported in the

automated budget and evaluation system. Each state agency shall

report in the automated budget and evaluation system a method of

financing as provided in the General Appropriations Act. The

Legislative Budget Board, after consultation with the

comptroller, shall determine a schedule for the reconciliation

required by this subsection.

(h) The comptroller may adopt rules to administer this section.

Added by Acts 1991, 72nd Leg., ch. 641, Sec. 6, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 686, Sec. 1, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1035, Sec. 69, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1035, Sec. 90(a), eff.

June 19, 1997; Acts 1999, 76th Leg., ch. 281, Sec. 3, eff. Sept.

1, 1999.

Sec. 403.0221. PERFORMANCE AUDIT OF CERTAIN TRANSIT AUTHORITIES.

(a) This section applies only to a transit authority that is

governed by Chapter 451, Transportation Code, and was confirmed

before July 1, 1985, and does not contain a municipality of more

than 750,000.

(b) The comptroller may, on the request of an entity listed in

Subsection (c), enter into an interlocal contract under Chapter

791 with a transit authority to conduct a performance audit to

determine whether the authority is effectively and efficiently

providing the services it was created to provide. The comptroller

shall report the findings of an audit conducted under this

section and make appropriate recommendations on changes in the

operations of the authority to the governing body of the

authority.

(c) A performance audit under this section may be requested by:

(1) the governing body of the transit authority;

(2) the governing body of the municipality with the largest

population in the authority; or

(3) the commissioners court in which the majority of the area of

the municipality described in Subdivision (2) is located.

(d) A contract under Subsection (b) shall provide that the

authority will reimburse the comptroller for costs incurred in

conducting the audit.

(e) The comptroller shall file a report containing the results

of an audit performed under this section with the governor, the

lieutenant governor, the speaker of the house of representatives,

and the presiding officers of the committees of the senate and

the house of representatives responsible for approving

legislation governing the authority.

(f) An audit may not be conducted under this section more often

than once every two years.

Added by Acts 1997, 75th Leg., ch. 1252, Sec. 1, eff. June 20,

1997. Renumbered from Sec. 403.026 by Acts 1999, 76th Leg., ch.

62, Sec. 19.01(30), eff. Sept. 1, 1999.

Sec. 403.023. CREDIT, CHARGE, AND DEBIT CARDS. (a) The

comptroller may adopt rules relating to the acceptance of credit,

charge, and debit cards for the payment of fees, taxes, and other

charges assessed by state agencies. The rules may:

(1) authorize a state agency to accept credit, charge, or debit

cards for a payment if the comptroller determines the best

interests of the state would be promoted;

(2) authorize or require a person that uses a credit, charge, or

debit card to pay a processing fee to the state agency that

accepts the card for a payment; and

(3) authorize a particular state agency to accept credit,

charge, or debit cards for a payment without providing the same

authorization to other state agencies.

(b) The comptroller may adopt rules relating to the use of

credit or charge cards by state agencies to pay for purchases.

The rules may:

(1) authorize a state agency to use credit or charge cards if

the comptroller determines the best interests of the state would

be promoted;

(2) authorize a state agency to use credit or charge cards to

pay for purchases without providing the same authorization to

other state agencies; and

(3) authorize a state agency to use credit or charge cards to

pay for purchases that otherwise may be paid out of the agency's

petty cash accounts under Subchapter K.

(c) The comptroller may not adopt rules about a particular state

agency's acceptance of credit or charge cards for a payment if

the rules would affect a contract that the agency has entered

into that is in effect on September 1, 1993. The comptroller may

not adopt rules about a particular state agency's acceptance of

charge or debit cards for a payment if the rules would affect a

contract that the agency has entered into that is in effect on

September 1, 1999.

(d) The comptroller may not adopt rules about a particular state

agency's acceptance or use of credit, charge, or debit cards if

another law specifically authorizes, requires, prohibits, or

otherwise regulates the acceptance or use.

(e) In this section, "state agency" means:

(1) a board, commission, department, or other agency in the

executive branch of state government that is created by the

constitution or a statute of this state, including an institution

of higher education as defined by Section 61.003, Education Code,

other than a public junior college;

(2) the legislature or a legislative agency; or

(3) the supreme court, the court of criminal appeals, a court of

appeals, or a state judicial agency.

Added by Acts 1993, 73rd Leg., ch. 449, Sec. 26, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 7.04, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1467, Sec. 1.13, eff.

Sept. 1, 1999.

Amended by:

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

937, Sec. 3.02, eff. September 1, 2007.

Sec. 403.0231. CREDIT CARD AGREEMENT BENEFITTING STATE. (a)

The comptroller may enter an agreement with a credit card issuer

under which:

(1) the issuer is required to pay to the comptroller an amount

of money based on the use of the credit card by the holders of

the credit card; and

(2) the issuer is permitted to represent to the public that use

of the credit card benefits state parks and to design credit

cards issued under the agreement to indicate this benefit.

(b) The form of any representation of benefit to state parks and

the design of credit cards issued under the agreement must be

approved by the comptroller.

(c) The comptroller shall deposit money received under this

section to the credit of the state parks account under Section

11.035, Parks and Wildlife Code.

Added by Acts 1997, 75th Leg., ch. 167, Sec. 1, eff. May 21,

1997. Renumbered from Sec. 403.026 by Acts 1999, 76th Leg., ch.

62, Sec. 19.01(31), eff. Sept. 1, 1999.

Sec. 403.0232. CREDIT OR DEBIT CARD AGREEMENT BENEFITING PUBLIC

SCHOOLS. (a) In this section, "debit card" includes a prepaid

debit card.

(b) The comptroller may enter an agreement with a credit or

debit card issuer under which:

(1) the issuer is required to pay to the comptroller an amount

of money based on the use of the credit or debit card by the

cardholders; and

(2) the issuer is permitted to:

(A) represent to the public that use of the credit or debit card

benefits public schools; and

(B) design credit or debit cards issued under the agreement to

indicate that benefit.

(c) The form of any representation of benefit to public schools

and the design of credit or debit cards issued under the

agreement must be approved by the comptroller.

(d) In evaluating an issuer's proposal to enter into an

agreement under this section, the comptroller shall consider:

(1) the financial stability of the issuer;

(2) whether the proposal offers the best available financial

terms for the state and cardholders;

(3) the strength of the marketing effort to be made by the

issuer and its marketing partners; and

(4) other issues the comptroller determines are appropriate.

(e) The agreement between the comptroller and the issuer must

allow the cardholder to designate a particular school district as

the recipient of money generated by the cardholder's credit or

debit card use and should to the extent practicable allow the

cardholder to designate a particular school. If the cardholder

does not designate a particular school district or school, the

comptroller shall deposit money received under this section to

the credit of the foundation school fund.

Added by Acts 2003, 78th Leg., ch. 351, Sec. 1, eff. June 18,

2003.

Sec. 403.024. SEARCHABLE STATE EXPENDITURE DATABASE. (a) In

this section, "state agency" has the meaning assigned by Section

403.013.

(b) The comptroller shall establish and post on the Internet a

database of state expenditures, including contracts and grants,

that is electronically searchable by the public except as

provided by Subsection (d). The database must include:

(1) the amount, date, payor, and payee of expenditures; and

(2) a listing of state expenditures by:

(A) object of expense with links to the warrant or check

register level; and

(B) to the extent maintained by state agency accounting systems

in a reportable format, class and item levels.

(c) To the extent possible, the comptroller shall present

information in the database established under this section in a

manner that is searchable and intuitive to users. The

comptroller shall enhance and organize the presentation of the

information through the use of graphical representations, such as

pie charts, as the comptroller considers appropriate. At a

minimum, the database must allow users to:

(1) search and aggregate state funding by any element of the

information;

(2) ascertain through a single search the total amount of state

funding awarded to a person by a state agency; and

(3) download information yielded by a search of the database.

(d) The comptroller may not allow public access under this

section to a payee's address, except that the comptroller may

allow public access under this section to information identifying

the county in which the payee is located. The comptroller may

not allow public access under this section to information that is

identified by a state agency as excepted from required disclosure

under Chapter 552 or as confidential. It is an exception to the

application of Section 552.352(a) that the comptroller or an

officer or employee of the comptroller's office posted

information under this section in reliance on a determination

made by a state agency about the confidentiality of information

relating to the agency's expenditures. The comptroller or an

officer or employee of the comptroller's office is immune from

any civil liability for posting confidential information under

this section if the comptroller, officer, or employee posted the

information in reliance on a determination made by a state agency

about the confidentiality of information relating to the agency's

expenditures.

(e) To the extent any information required to be in the database

is already being collected or maintained by a state agency, the

state agency shall provide that information to the comptroller

for inclusion in the database.

(f) The comptroller may not charge a fee to the public to access

the database.

(g) Except as provided by Subsection (h), a state agency is

required to cooperate with and provide information to the

comptroller as necessary to implement and administer this

section.

(h) This section does not require a state agency to record

information or expend resources for the purpose of computer

programming or other additional actions necessary to make

information reportable under this section.

(i) The Department of Information Resources, after consultation

with the comptroller, shall prominently include a link to the

database established under this section on the public home page

of the TexasOnline Project described by Section 2054.252.

(j) The comptroller may establish procedures and adopt rules to

implement this section.

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

1270, Sec. 1, eff. October 1, 2007.

Sec. 403.025. FEDERAL EARNED INCOME TAX CREDIT. (a) The

comptroller's office is the lead state agency in promoting

awareness of the federal earned income tax credit program for

working families.

(b) The comptroller shall recruit other state agencies and the

governor's office to participate in a coordinated campaign to

increase awareness of the federal tax program.

(c) State agencies that otherwise distribute information to the

public may use existing resources to distribute information to

persons likely to qualify for federal earned income tax credits

and shall cooperate with the comptroller in information

distribution efforts.

(d) The comptroller shall produce and make available to

employers, by a written notice and a posting on the comptroller's

Internet website, a form that includes information:

(1) regarding the federal earned income tax credit for

distribution under Chapter 104, Labor Code; and

(2) explaining the availability of and contact information for

local volunteer income tax assistance programs.

Added by Acts 1995, 74th Leg., ch. 655, Sec. 6.10, eff. Sept. 1,

1995. Renumbered from Government Code Sec. 403.024 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(33), eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1300, Sec. 3, eff. September 1, 2009.

Sec. 403.026. ELECTRONIC STORAGE AND MAINTENANCE OF RECORDS.

(a) The comptroller may store and maintain electronically a

state record or an essential record if:

(1) the method used to store and maintain the record allows

accurate reproduction of the record;

(2) the method used to store and maintain the record conforms

with any standards prescribed by the records preservation officer

in conformity with any applicable rules of the National Institute

of Standards and Technology, except that those standards do not

apply to the extent they conflict with this section; and

(3) the place and manner of safekeeping the medium or equipment

on which the record is stored and maintained conforms with the

records preservation officer's requirements under Section

441.059(a), except that the officer may not prohibit the

comptroller from retaining possession of that medium or

equipment.

(b) An accurate reproduction of a state record that is stored

and maintained according to this section is a preservation

duplicate of the record for purposes of Sections 441.058 and

441.059, without regard to whether the records preservation

officer:

(1) made the reproduction; or

(2) designated the reproduction as a preservation duplicate.

(c) An accurate reproduction of an essential record that is

stored and maintained according to this section is a photographic

reproduction of the record for purposes of Section 441.038(f).

(d) An accurate reproduction of a state record or an essential

record may be in tangible or intangible form, including an

electronic or optical image of the record.

(e) In this section:

(1) "Essential record" means written or graphical material that

is made or received by the comptroller in the conduct of official

state business and that is filed or intended to be preserved

permanently or for a definite period as a record of that

business.

(2) "Records preservation officer" means the director of the

records management division of the Texas State Library.

(3) "State record" means a document, book, paper, photograph,

sound recording, or other material, without regard to physical

form or characteristic, that is made or received by the

comptroller according to law or in connection with the

transaction of official state business.

Added by Acts 1997, 75th Leg., ch. 1040, Sec. 61, eff. Sept. 1,

1997.

Sec. 403.027. DIGITAL SIGNATURES. (a) The comptroller may

establish a procedure for a person to use a digital signature to

authenticate a document, a communication, or data submitted to

the comptroller if:

(1) the comptroller determines the procedure will provide a

degree of security and authenticity at least equal to that

provided by a manual signature; and

(2) the digital signature:

(A) is unique to the person using it;

(B) is capable of independent verification;

(C) is under the sole control of the person using it; and

(D) is transmitted in a manner that makes it infeasible to

change the signature, document, communication, or data without

invalidating the signature.

(b) A digital signature provided according to a procedure

established under Subsection (a) has the same legal force and

effect for all purposes as a manual signature.

(c) The electronic approval of a voucher is governed by:

(1) this section and Chapter 2103 if the comptroller has

established a procedure for the person approving the voucher to

provide a digital signature concerning the voucher; or

(2) Chapter 2103 if the comptroller has not established the

procedure.

(d) This section prevails over Chapter 2103 to the extent of

conflict if both this section and that chapter apply under

Subsection (c)(1).

(e) Except as provided by this subsection, Section 2054.060

applies to a digital signature used to authenticate any document,

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