reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 3 - TAX ADMINISTRATION › Subchapter NN - FIREWORKS TAX › Section 3.1281 - Fireworks Tax

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  applies to sales made prior to September 1, 2015. Effective September 1, 2015,
				  the fireworks tax is repealed.
(b)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) Consignment sale--An arrangement where a
				  consignee pays a distributor only for items that the consignee sells and
				  returns any unsold items.
(2)
				  Fireworks--Any composition or device that is designed to produce a visible or
				  audible effect by combustion, explosion, deflagration, or detonation that is
				  classified as Division 1.4G explosives by the United States Department of
				  Transportation in 49 C.F.R. Part 173 as of September 1, 1999. Examples of
				  fireworks include items that are commonly known as firecrackers, bottle
				  rockets, Roman candles, and shooting stars.
(3) Retail sale--Any sale of fireworks
				  directly to the public.
(4) Sales
				  tax--The tax imposed by Tax Code, Chapter 151.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.100 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The comptroller has been granted authority by Government
					 Code, §
										2257.102(a)
					 to establish by rule a program for centralized pooled collateralization of
					 deposits of public funds and for monitoring collateral maintained by
					 participating depository institutions. The pooled collateral program is
					 designed to safeguard deposits of public funds, allow greater efficiency, and
					 reduce costs to public entities and depository institutions.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings:
(1)
				  Acceptable collateral--An eligible security under Government Code, §
										2257.002(4)
				  that is deemed acceptable by the comptroller to pledge as collateral to secure
				  the deposit of public funds in the pooled collateral program.
(2) Collateral security agreement--A binding
				  security agreement between a public entity and a participating depository
				  institution to secure the deposit of public funds in the pooled collateral
				  program. The collateral security agreement must be on a form provided or
				  approved by the comptroller.
(3)
				  Custodian trustee--A custodian as provided under Government Code, §
										2257.104(c)
				  and §
										2257.041(d).
(4) Deposit of public funds--Public funds of
				  a public entity that the comptroller does not manage under Government Code,
				  Chapter 404 held as a demand or time deposit by a participating depository
				  institution.
(5) Depository
				  institution--A state or national bank, savings and loan association, federal
				  savings bank, or credit union that is insured by the Federal Deposit Insurance
				  Corporation or the National Credit Union Share Insurance Fund, and maintains a
				  home or branch office in Texas.
(6)
				  Participating depository institution--A depository institution that has been
				  approved by the comptroller for participation and holds deposits of public
				  funds in the pooled collateral program.
(7) Permitted institution--A financial
				  institution defined in Government Code, §
										2257.002(6).
(8) Pooled collateral program--The
				  centralized pooled collateralization of deposits of public funds administered
				  by the comptroller under Government Code, Chapter 2257, Subchapter F and this
				  chapter.
(9) Public entity--A state
				  or a political or governmental entity, agency, instrumentality, or subdivision
				  of the state, including a municipality, a conservation or reclamation district
				  created under Texas Constitution, Article XVI, Section 59, and a public
				  hospital, but the term does not include an institution of higher education, as
				  defined by Education Code, §
										61.003.
(10) State fiscal year--September 1st through
				  August 31st.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.102 - Public Entity Eligibility and Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) Participation in the pooled collateral
				  program by a public entity is voluntary.
(b) A public entity may participate in the
				  pooled collateral program as an alternative to collateralization under
				  Government Code, Chapter 2257, Subchapter B.
(c) Deposits of public funds of a county are
				  not eligible for collateralization under the pooled collateral
				  program.
(d) A public entity must
				  comply with the monitoring and notice requirements in §
										4.114
				  of this title (relating to Public Entity Deposits and Notice to Participating
				  Depository Institutions).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.103 - Depository Institution Eligibility and Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) Participation in the pooled collateral
				  program by a depository institution is voluntary.
(b) A depository institution may participate
				  in the pooled collateral program if:
(1) the
				  comptroller has approved the depository institution's participation in the
				  pooled collateral program;
(2) the
				  depository institution has entered into a binding collateral security agreement
				  with a public entity for the deposit of public funds and the agreement permits
				  the depository institution's participation in the pooled collateral
				  program;
(3) the comptroller has
				  approved or provided the collateral security agreement form used; and
(4) deposits in the depository institution
				  are insured by the Federal Deposit Insurance Corporation or the National Credit
				  Union Share Insurance Fund.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.105 - Depository Institution Approval Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) The depository institution will submit a
				  completed application and required documents, with original signatures as
				  required. The application must include a statement:
(1) of the amount of the applicant's paid
				  capital stock and permanent surplus, if any;
(2) of the applicant's condition according to
				  the most recent financial statement on the date the application is
				  submitted;
(3) that the applicant
				  will maintain a separate, accurate, and complete records relating to a pledge
				  of collateral, a deposit of public funds, and a transaction related to a pledge
				  of collateral;
(4) that the
				  applicant will provide, upon request, the comptroller or a public entity
				  information or confirmation regarding a deposit of public funds or a pledge of
				  collateral; and
(5) that the
				  applicant will provide such other information as the comptroller or public
				  entity may require to verify the condition of the depository
				  institution.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.106 - Voluntary Withdrawal from the Pooled Collateral Program

Current through Reg. 49, No. 28; July 12, 2024
(a) An approved depository institution or
				  public entity may withdraw from the pooled collateral program by providing
				  written notice to the comptroller and the other named party to its collateral
				  security agreement(s) (either the depository institution or public entity). The
				  depository institution must provide notice in writing at least 90 days before
				  the effective date of withdrawal. The public entity must provide reasonable
				  written notice of withdrawal from the program as soon as practicable.
(b) As part of the withdrawal process a
				  participating depository institution must:
(1) maintain the required amount of
				  acceptable collateral in the pooled collateral program until the effective date
				  of withdrawal;
(2) continue to
				  provide the required reports detailing required information through the
				  effective date of withdrawal;
(3)
				  continue to comply with the terms of collateral security agreements through the
				  effective date of withdrawal; and
(4) provide written notice to the comptroller
				  that it has taken all appropriate steps to provide for the orderly transition
				  of public entity deposits.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.107 - General Collateral Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  participating depository institution must enter into a binding collateral
				  security agreement with each public entity to secure public deposits.
(b) A participating depository institution is
				  responsible for pledging sufficient collateral when public deposits are
				  received, and for maintaining sufficient collateral at all times. A depository
				  institution must use its best efforts to pledge collateral at the same time it
				  receives a deposit of public funds, but no later than the close of business on
				  the same day of the deposit. Collateral is not required for deposits to the
				  extent that the deposits are insured by the Federal Deposit Insurance
				  Corporation or the National Credit Union Share Insurance Fund. The comptroller
				  will apply the full amount of federal deposit insurance coverage for a public
				  entity to determine the amount of collateral required to secure the deposit of
				  public funds in the program.
(c) A
				  participating depository institution is required to pledge acceptable
				  collateral with a custodian trustee qualified to act under Government Code,
				  §
										2257.104(c)
				  or §
										2257.041(d)
				  to secure the deposits of public funds. The custodian trustee shall properly
				  identify and hold the pledged collateral in trust for the benefit of the public
				  entities participating in the depository institution's specific pooled
				  custodian account in the pooled collateral program.
(d) A participating depository institution
				  may pledge its pooled collateral to more than one participating public entity
				  under contract with the participating depository institution. The collateral
				  security may be pledged using a single custodial account instead of an account
				  for each public entity.
(e) Each
				  participating depository institution's collateral may not be combined,
				  cross-collateralized with, or aggregated with, or pledged to any other
				  depository institution's collateral pools.
(f) The custodian trustee may either keep all
				  collateral pledged for the benefit of the program in one identifiable pooled
				  collateral account or in an account in the name of the participating depository
				  institution where the collateral is clearly pledged and identified for the
				  pooled collateral program using a unique code reporting system.
(g) The security interest for a participating
				  depository institution's pledge of collateral is created, attaches, and is
				  perfected when the custodian trustee records the pledge on its books and
				  records and issues a trust receipt.
(h) The custodian trustee is for all purposes
				  the bailee or agent of the public entity depositing the public funds as part of
				  the pooled collateral program.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.109 - Required Amount of Collateral

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  balance of deposits of public funds in a participating depository institution
				  is increased, the participating depository institution will increase the
				  collateral for the deposits to the required amount.
(b) The comptroller shall determine the
				  market value of acceptable collateral pledged by participating depository
				  institutions to determine if the collateral amount is adequate. The
				  comptroller's valuation of acceptable collateral is final and not subject to
				  review.
(c) If the market value of
				  the collateral pledged by a participating depository institution becomes less
				  than the required amount, the comptroller shall require that additional
				  collateral be pledged immediately, but not later than the close of business on
				  the same day the comptroller notifies the depository institution that it does
				  not meet collateral requirements.
(d) Except as provided in subsection (e) of
				  this section, each participating depository institution shall pledge acceptable
				  collateral with a total value of at least 105% of the amount of deposits of
				  public funds in its pool, reduced to the extent deposits are insured by the
				  Federal Deposit Insurance Corporation or the National Credit Union Share
				  Insurance Fund.
(e) If pledged
				  collateral consists of securities with a declining principal balance, the
				  market value of the collateral pledged may not be less than 125% of the amount
				  of the deposits of public funds to be secured, reduced to the extent deposits
				  are insured by the Federal Deposit Insurance Corporation or the National Credit
				  Union Share Insurance Fund.
(f) The
				  collateralization requirements of Government Code, §
										2257.022(b)
				  do not apply to a deposit of public funds held by a participating depository
				  institution and collateralized in the pooled collateral program.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.110 - Pledge and Withdrawal of Collateral

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  comptroller will, as the designated agent of the public entity, monitor
				  collateral pledged as part of the program and approve as appropriate, the
				  pledge and withdrawal of collateral into and out of the custodian trustee
				  account for pooled collateral.
(b)
				  The comptroller will post procedures for pledging acceptable collateral on its
				  website. The procedures will address the following:
(1) the pledge of acceptable collateral by
				  the participating depository institution;
(2) the comptroller's review of the proposed
				  pledge of collateral and notification to a participating depository institution
				  if the proposed pledge is not approved;
(3) the comptroller's authorization to the
				  custodian trustee to accept the pledge of collateral; and
(4) the custodian trustee's identification of
				  the pledge of collateral on its books and records and issuance of a safekeeping
				  trust receipt to the comptroller in an acceptable manner.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.111 - Recovery of Public Deposits

Current through Reg. 49, No. 28; July 12, 2024
If a participating depository institution fails to satisfy
					 a claim against a deposit of public funds or becomes insolvent, the official
					 custodian of a public entity (as set out in
					 12 CFR
					 330.15) may make a claim to recover their
					 deposits of public funds.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.112 - Custodian Trustee Qualification and Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) A custodian trustee holds in trust the
				  collateral pledged to secure deposits of public funds by the participating
				  depository institution.
(b) A
				  custodian trustee must qualify as a custodian under Government Code, §
										2257.104(c)
				  or §
										2257.041(d)
				  before acting as a custodian trustee in the pooled collateral
				  program.
(c) A custodian trustee
				  must be approved by a public entity before the custodian trustee may accept
				  collateral to secure the deposit of its public funds.
(d) A custodian trustee or a permitted
				  institution may not own, may not be owned by, and must be independent of the
				  participating depository institution or institutions for which it holds the
				  public entity's collateral in trust.
(e) The comptroller shall ensure that the
				  custodian trustee is:
(1) a state or national
				  bank that:
(A) is designated by the
				  comptroller as a state depository;
(B) has its main office or a branch office in
				  this state; and
(C) has a capital
				  stock and permanent surplus of $5 million or more;
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.113 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The comptroller
				  will publish instructions on the required electronic reporting procedures,
				  deadlines, requirements, and format on its website.
(b) The comptroller will provide an
				  electronic acknowledgement of each report received and post each report on its
				  website.
(c) Each participating
				  depository institution will file the following reports in accordance with the
				  comptroller's instructions:
(1) daily
				  report--the participating depository institution will file a daily report of
				  its prior business day's aggregate ledger balance of deposits of public funds.
				  The daily report will be itemized by each public entity and account. The
				  participating depository institution will report deposits by account type,
				  indicating interest bearing and non-interest bearing accounts;
(2) weekly summary report--the participating
				  depository institution will file a weekly report of the total par and market
				  value of collateral held by a custodian trustee on its behalf. As part of the
				  participating depository institution's weekly summary report, it may either
				  report the market value itself or adopt by reference the comptroller's daily
				  report indicating the market value of the collateral for the due date of the
				  weekly report. If a participating depository institution elects to adopt the
				  comptroller's reported market value of the collateral by reference, it must
				  elect to do so either during the application process or if during the two-year
				  term, in accordance with the comptroller's guidelines posted on its
				  website;
(3) monthly report--the
				  participating depository institution will file a monthly report listing the
				  collateral instruments held by a custodian trustee on behalf of the
				  participating depository institution, together with the par and market value of
				  the securities with their CUSIP numbers if applicable; and
(4) annual reporting--during even-numbered
				  years beginning in 2012 the participating depository institution will file
				  appropriate annual reports as the comptroller may require, including its annual
				  report and financial statements. The comptroller will post any such annual
				  reporting requirements on its website.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.114 - Public Entity Deposits and Notice to Participating Depository Institutions

Current through Reg. 49, No. 28; July 12, 2024
(a) A public entity is responsible for
				  reviewing and monitoring the reports posted on the comptroller's website
				  related to its deposits of public funds.
(b) A public entity is responsible for
				  verifying the accuracy of the daily reports of its itemized deposits and
				  reporting any discrepancies to its participating depository
				  institution.
(c) A public entity
				  shall inform its participating depository institution of a significant change
				  in the amount or activity of its deposits within a reasonable time before the
				  change occurs.
(d) A participating
				  depository institution must notify the comptroller if a public entity
				  repeatedly fails to inform it of a significant change in the amount or activity
				  in deposits as required in subsection (c) of this section.
(e) The comptroller in its discretion may
				  disapprove a collateral security agreement between a participating depository
				  institution and a public entity if that public entity fails to comply with the
				  notice requirement in subsection (c) of this section more than two times within
				  a one-year period.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.115 - Books and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) A participating
				  depository institution, custodian trustee, and a permitted institution will
				  maintain separate, accurate and complete records relating to each deposit of
				  public funds, each pledge of collateral, and each transaction related to a
				  pledge of collateral.
(b) A
				  depository institution, custodian trustee and a permitted institution will
				  provide, upon request, the comptroller or a public entity with information or
				  confirmation regarding a deposit of public funds or a pledge of
				  collateral.
(c) A public entity
				  may, pursuant to the terms of its account agreement, review the records of its
				  participating depository institution, custodian trustee, and permitted
				  institution related to that public entity's deposit and collateralization of
				  public funds in the pooled collateral program.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.116 - Certification of Compliance

Current through Reg. 49, No. 28; July 12, 2024
(a) The comptroller
				  at its discretion may require annual certification by a participating
				  depository institution that it is in compliance with Government Code, Chapter
				  2257, Subchapter F and this chapter.
(b) The comptroller may require written
				  confirmation from a participating depository institution, custodian trustee, or
				  permitted institution that it is in compliance with the books and records
				  requirements under Government Code, Chapter 2257 and this chapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.117 - Compliance with Laws; Venue

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  comptrollers' office and all participants in the pooled collateral program will
				  comply with all applicable laws, including the Federal Reserve regulations and
				  Operating Circulars, in connection with the pooled collateral
				  program.
(b) A legal action brought
				  by or against a public entity that arises out of or in connection with the
				  duties of a depository institution, custodian trustee or permitted institution
				  must be brought and maintained as provided by the contract with the public
				  entity.
(c) Venue for any suit
				  brought in connection with the pooled collateral program will be in State
				  District Court in Travis County, Texas, and no other county.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.118 - Administrative Penalties for Noncompliance by Participating Depository Institution

Current through Reg. 49, No. 28; July 12, 2024
(a) The comptroller
				  may, in addition to other penalties provided by law, impose an administrative
				  penalty against a participating depository institution for:
(1) failure to maintain collateral in an
				  amount and in the manner required by Government Code, §
											2257.104
				  and this chapter, if the participating depository institution has not remedied
				  the violation before the third business day after the date the notice is
				  issued;
(2) failure to timely file
				  a report required under Government Code, §
											2257.105
				  and this chapter; or
(3) failure to
				  pay an assessment within 45 calendar days after the date it receives the
				  notice.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.119 - Penalty Amounts

Current through Reg. 49, No. 28; July 12, 2024
(a) The formula for
				  determining the amounts of penalties for a participating depository institution
				  violation shall be based on the following factors: average weekly deposits,
				  average asset base, number of previous violations, and number of days of a
				  continuing violation. The penalty must be at least $100 per calendar day and
				  cannot exceed $1,000 per calendar day.
(b) The calculation of the penalty amount per
				  calendar day of violation is as follows:
(1)
				  start with the amount set out in paragraph (5) of this subsection based on the
				  participating depository institution's average weekly deposits as a percentage
				  of the total weekly deposits in the pooled collateral program for that
				  week;
(2) add the amount based on
				  participating depository institution's average asset base as reported on the
				  year-end report of conditions set out in paragraph (5) of this
				  subsection;
(3) the base penalty is
				  the sum of paragraph (1) plus (2) of this subsection. If the participating
				  depository institution has had more than one violation in the state fiscal
				  year, multiply the base penalty as follows: by two if for the second violation,
				  and by three for three violations or more;
(4) if there is a continuing violation after
				  seven business days, increase the penalty by $100 per calendar day from the 8th
				  business day through the 14th business day of the continued violation;
				  and
(5) if there is a continuing
				  violation after fourteen business days, increase the penalty by $200 per
				  calendar day.
Attached
					 Graphic
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.120 - Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with Government Code,
				  §
										2257.106, the
				  comptroller shall impose an annual assessment each state fiscal year on each
				  participating depository institution in an amount sufficient to pay the costs
				  of administering the pooled collateral program. The comptroller will publish
				  instructions on the required assessment procedure, formula, deadlines, and
				  requirements on its website. The comptroller may, in its discretion and when
				  appropriate, allocate program costs over a period of years. Additionally, the
				  comptroller may, in its discretion and when appropriate, choose not to impose
				  an annual assessment against participating depository institutions if there are
				  no extra costs associated with administering the pooled collateral
				  program.
(b) The formula for
				  determining the amount of the assessment will be based on the following
				  factors:
(1) the number of collateral
				  transactions a participating depository institution conducts;
(2) the number of public entity accounts a
				  participating depository institution maintains in the program; and
(3) the depository institution's average
				  weekly deposits of public funds collateralized during that state fiscal
				  year.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 4.121 - Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) Any questions, comments, or complaints
				  concerning the pooled collateral program may be sent to the comptroller by
				  mail, telephone, or facsimile to: Texas Comptroller of Public Accounts,
				  Treasury Operations, Cash and Securities Management Division, 208 E.10th
				  Street, Room 232, Austin, Texas, 78701, Phone: (512) 463-6069. Fax: (512)
				  463-5900.
(b) Any questions,
				  comments, or complaints concerning the pooled collateral program may be sent to
				  the comptroller by email to: collateral@cpa.state.tx.us.
(c) The comptroller may provide additional
				  information and updates regarding notification on its website.
(d) The comptroller may require the public
				  entity, depository institution, custodian trustee, or permitted institutions to
				  provide contact information as appropriate.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 4 - TREASURY ADMINISTRATION › Subchapter A - POOLED COLLATERAL PROGRAM › Section 5.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Comptroller--The
				  Comptroller of Public Accounts for the State of Texas.
(2) Designated headquarters--The city limits
				  of the town in which a person's headquarters are located.
(3) Payroll period or pay period--Designates
				  the time period for which full-time state employees receive payment for
				  services to the state.
(4)
				  Transportation network company--An entity that uses a digital network service
				  to connect people to transportation services provided by a transportation
				  network driver.
(5) Transportation
				  network driver--A person who uses a personal vehicle to participate with a
				  transportation network company to provide prearranged transportation services
				  to people for pay.
(6) Travel
				  voucher--An accounting document used to implement payment to state officials
				  and employees for travel expenses incurred in the discharge of state
				  business.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 5 - FUNDS MANAGEMENT (FISCAL AFFAIRS) › Subchapter B - PAYMENT PROCESSING-ELECTRONIC FUNDS TRANSFERS › Section 5.13 - Administration of Electronic Funds Transfers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Role of the comptroller.
(1) General
				  administration. As part of its general powers under Government Code, §
											403.011, the
				  comptroller shall supervise, as the sole accounting officer of the state, the
				  state's fiscal concerns and manage those concerns as required by law, and keep
				  and settle all accounts in which the state is interested. Under Government
				  Code, §
											403.056
				  and §
											403.060
				  the comptroller has authority to prepare and deliver warrants, and to print and
				  issue warrants. The comptroller has been granted further authority by
				  Government Code, §
											403.016
				  to establish and operate an EFTS to make state payments. As part of operating
				  the EFTS, and in accordance with Government Code, §
											403.016,
				  the comptroller:
(A) may use the services of
				  financial institutions, automated clearinghouses, and the federal government;
(B) shall approve the means of
				  EFTS payments the state may use in accordance with Government Code, §
												403.016;
(C) shall approve EFTS methods and
				  forms, and post them online as appropriate, and provide them to paying and
				  custodial state agencies and to state payees;
(D) may revise its policies and procedures
				  from time to time as appropriate to operate the EFTS;
(E) is authorized to act as originator, to
				  initiate an EFT;
(F) may act upon
				  a request from a paying state agency to initiate a reversal to correct an
				  erroneous entry or a reclamation for payments not due in accordance with these
				  rules;
(G) shall use the EFTS to
				  pay:
(i) state employee salary and travel
				  expense reimbursements;
(ii)
				  payments to annuitants;
(iii)
				  recurring payments to municipalities, counties, political subdivisions, special
				  districts, and other governmental entities of this state; and
(iv) payments to persons or vendors who
				  choose to receive payment through the EFTS:
(H) is not required to make a payment by the
				  EFTS even if a state payee or state agency requests payment by EFT;
(I) may, when a law requires the comptroller
				  to make a payment by warrant, issue a payment by EFT under Government Code,
				  §
												403.016(g);
(J) shall issue a warrant to pay a
				  person under the terms of Government Code, §
												403.016(h);
				  and
(K) may issue a payment to a
				  state payee by warrant in lieu of EFT pursuant to Government Code, §
												403.016(i).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 5 - FUNDS MANAGEMENT (FISCAL AFFAIRS) › Subchapter B - PAYMENT PROCESSING-ELECTRONIC FUNDS TRANSFERS › Section 5.14 - Participation in the Electronic Funds Transfer System

Current through Reg. 49, No. 28; July 12, 2024
(a) State payee participation in electronic
				  funds transfer system.
(1) Payee disclosure
				  of state payee EFTS account information. The state payee must establish,
				  change, or cancel state payee EFTS account information by providing EFTS
				  authorization to a custodial state agency.
(2) EFTS forms. The state payee must obtain
				  EFTS forms from the payee's paying state agency.
(3) State payee may elect to authorize
				  payment by EFT. A state payee may choose to receive payment by EFT by providing
				  EFTS authorization. A state payee's choice not to provide EFTS authorization
				  constitutes notice to the comptroller to receive payment by warrant as provided
				  in Government Code, § 403.016(h)(1).
(4) Payment destination confirmation. At the
				  time of electing to participate in the EFTS, a state payee must confirm whether
				  payments they receive will be forwarded to a financial institution outside of
				  the United States. A state payee must also notify the paying state agency of
				  any change to the intended final destination of a payment or payments outside
				  of the United States.
(5) Refusal
				  to accept an EFT payment. A state payee may refuse to accept an EFTS payment in
				  accordance with NACHA rules.
(6)
				  Refusal of reversal. The state payee may not instruct their financial
				  institution to reject a reversal made by the comptroller to correct an
				  erroneous credit entry.
(7)
				  Cancellation of state payee EFTS authorization. The cancellation of a state
				  payee's EFTS authorization terminates the state payee's participation in the
				  ETFS until the state payee provides a new EFTS authorization.
(8) Comptroller may issue warrant. The
				  comptroller may issue a payment to a state payee by warrant in lieu of EFT
				  pursuant to applicable law, including Government Code, §
				  403.016(i).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 5 - FUNDS MANAGEMENT (FISCAL AFFAIRS) › Subchapter B - PAYMENT PROCESSING-ELECTRONIC FUNDS TRANSFERS › Section 5.15 - Electronic Funds Transfers - Pay Cards

Current through Reg. 49, No. 28; July 12, 2024
(a) Pay cards for
				  state payroll, travel reimbursement, or retirement payments.
(1) The comptroller may enter into a contract
				  to offer state employee payroll, travel reimbursement, or retirement payments
				  using pay cards, an approved type of EFTS payment under §
											5.12(c) of this
				  title (relating to Processing Payments through Electronic Funds
				  Transfers).
(2) Pay cards may be
				  issued to a state employee or annuitant to provide access to payroll, travel
				  reimbursement, or retirement payments deposited to a designated account at a
				  domestic financial institution.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 5 - FUNDS MANAGEMENT (FISCAL AFFAIRS) › Subchapter C - CLAIMS PROCESSING-TRAVEL VOUCHERS › Section 5.22 - State of Texas Travel Guidance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General travel information will be maintained on the comptroller's website. The
				  information will include procedures, as provided in this rule, Government Code,
				  Chapter 660, and the General Appropriations Act; examples; guidelines that will
				  help support the travel expense reimbursement process for state agencies.
				  Procedures, amounts, timing, limits, required documentation, permissible
				  payees, distinctions among different types of state employees, or any other
				  details concerning travel expense payments or reimbursements by a state agency
				  are governed by Government Code, Chapter 660, the General Appropriations Act,
				  and the rules adopted by the comptroller under Government Code, Chapter
				  660.
(b) Eligible expenses. A
				  travel expense must be incurred before it is eligible for reimbursement.
(1) For lodging and transportation expenses,
				  proof of payment must be documented to validate that the expenses were actually
				  incurred.
(2) A state employee who
				  receives free transportation or lodging in exchange for points or other
				  non-monetary credits has not incurred an expense for reimbursement
				  purposes.
(3) A state agency may
				  not reimburse a state employee for any costs or expenses in excess of those
				  incurred for official travel that result from a state employee's personal
				  preference or convenience.
(4) A
				  state agency may not reimburse a state employee for a travel expense incurred
				  by or on behalf of another state employee, unless:
(A) the reimbursement is authorized by law;
				  or
(B) the travel expense is
				  incurred while the paying state employee and other state employee(s) are
				  traveling on official state business; the circumstances surrounding payment of
				  the travel expense necessitate the reimbursement of the paying state employee;
				  and the reimbursement of the paying state employee is approved by the state
				  agency.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 5 - FUNDS MANAGEMENT (FISCAL AFFAIRS) › Subchapter D - CLAIMS PROCESSING-PAYROLL › Section 5.37 - Deferred Compensation Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) State agency--Has the meaning assigned by
				  Government Code, § 659.262(a).
(2) Classified employee--A state employee who
				  is employed in a position that is classified under Government Code, Chapter
				  654, and is identified by the chief administrator of a state agency as
				  essential for the state agency's operations.
(3) Deferred compensation contract--A
				  contract entered into between a state agency and a classified employee under
				  Government Code, § 659.262(c).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 5 - FUNDS MANAGEMENT (FISCAL AFFAIRS) › Subchapter D - CLAIMS PROCESSING-PAYROLL › Section 5.39 - Hazardous Duty Pay

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following words and terms, when used in this section, shall have the
				  following meanings, unless the context clearly indicates otherwise.
(1) Calendar month--The period from the first
				  day through the last day of January, February, March, April, May, June, July,
				  August, September, October, November, or December.
(2) Classified position--A position included
				  in the position classification plan in the General Appropriations Act, Article
				  IX.
(3) Correctional officer--An
				  employee in a job class designated by TDCJ as a correctional officer holding a
				  hazardous duty position.
(4)
				  Day--The 24 consecutive hour period beginning at 12:00 midnight and ending at
				  11:59 p.m.
(5) Full-time state
				  employee--Has the meaning assigned by Government Code, §
											659.301(1).
(6) Hazardous duty position--A position in
				  the service of the state that:
(A) renders
				  any individual holding that position a "state employee," as defined in
				  paragraph (11) of this subsection; or
(B) requires the performance of hazardous
				  duty.
(7) Lifetime
				  service credit--The number of months that an individual has served in a
				  hazardous duty position during the individual's lifetime.
(8) Part-time state employee--Has the meaning
				  assigned by Government Code, §
											659.301(4).
(9) Regular hours--The number of hours an
				  individual actually works during a month.
(10) Standard hours--The total number of
				  hours that an individual would work during a month if the individual worked
				  exactly eight hours during each workday of that month.
(11) State employee--An individual who is a
				  state employee under subsection (b)(1)(A) or (b)(2)(A) of this
				  section.
(12) TABC--The Texas
				  Alcoholic Beverage Commission.
(13)
				  TDCJ--The Texas Department of Criminal Justice.
(14) TJJD--The Texas Juvenile Justice
				  Department.
(15) TPWD--The Texas
				  Parks and Wildlife Department.
(16)
				  Type 1 grandfathered employee--A state employee whose compensation for services
				  provided to the state during any month before August 1987, included hazardous
				  duty pay that was based on total state service performed before May 29,
				  1987.
(17) Type 2 grandfathered
				  employee--An individual who is entitled to receive hazardous duty pay under
				  subsection (g) of this section.
(18) Workday--Has the meaning assigned by
				  Government Code, §
											659.301(6).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 5 - FUNDS MANAGEMENT (FISCAL AFFAIRS) › Subchapter D - CLAIMS PROCESSING-PAYROLL › Section 5.40 - Overpayments and Underpayments of Compensation

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. In this section:
(1) "Community college" has the meaning
				  assigned to "public junior college."
(2) "Comptroller" means the comptroller of
				  public accounts for the State of Texas.
(3) "Institution of higher education" has the
				  meaning assigned by Education Code, §
											61.003, except that
				  the term does not include a public junior college or a community
				  college.
(4) "Public junior
				  college" has the meaning assigned by Education Code, §
											61.003.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 5 - FUNDS MANAGEMENT (FISCAL AFFAIRS) › Subchapter D - CLAIMS PROCESSING-PAYROLL › Section 5.43 - Payments for Accrued Vacation Time

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. In this section:
(1) "Calendar
				  month" means the first day through the last day of January, February, March,
				  April, May, June, July, August, September, October, November, or
				  December.
(2) "Community college"
				  has the meaning assigned to "public junior college."
(3) "Comptroller" means the Comptroller of
				  Public Accounts for the State of Texas.
(4) "Fiscal year" means the accounting period
				  beginning on September 1st and ending the following August 31st.
(5) "Institution of higher education" has the
				  meaning assigned by Education Code, §
											61.003, except that
				  the term does not include a community college or a public junior
				  college.
(6) "National holiday" has
				  the meaning assigned by Government Code, §
											661.061(1).
(7) "Public junior college" has the meaning
				  assigned by Education Code, §
											61.003.
(8) "State agency" means a department, board,
				  commission, committee, council, agency, office, or other entity in the
				  executive, legislative, or judicial branch of Texas state government, the
				  jurisdiction of which is not limited to a geographical portion of this state.
				  The term includes the State Bar of Texas, the Board of Law Examiners, and an
				  institution of higher education. The term does not include a community college
				  or a public junior college.
(9)
				  "State employee" has the meaning assigned by Government Code, §
											661.061(2).
(10) "State holiday" has the meaning assigned
				  by Government Code, §
											661.061(3).
(11) "Temporary state employee" means a state
				  employee who is hired to provide services to a state agency for a limited time.
				  The term includes a seasonal employee. The term does not include:
(A) an independent contractor; or
(B) an employee or independent contractor of
				  an independent contractor.
(12) "Workday" means any day except Saturday
				  and Sunday. The term includes a state or national holiday.