Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 17 - PAYMENT OF FEES, TAXES, AND OTHER CHARGES TO STATE AGENCIES BY CREDIT, CHARGE, AND DEBIT CARDS › Section 17.2 - Agency Contracts with Vendors or the Comptroller

Current through Reg. 49, No. 28; July 12, 2024
(a) Administration by comptroller. A state
				agency interested in accepting credit, charge, and debit cards will contact the
				comptroller's office. The comptroller's office will determine whether it is in
				the best interest of the state for the state agency to accept credit, charge,
				and debit cards and whether the state agency should contract with the
				comptroller or with a selected vendor. The comptroller will contract with
				selected vendors to provide credit, charge, and debit card services to state
				agencies that contract with the comptroller.
(b) State agency contracts with comptroller.
				A state agency will enter into an interagency contract with the comptroller to
				obtain access to the services provided by selected vendors pursuant to terms
				established by the comptroller in the interagency contract.
(c) State agency contracts with vendors. In
				lieu of contracting with the comptroller, a state agency, with the
				comptroller's approval, may directly contract with vendors, provided the
				criteria in paragraphs (1)-(8) of this subsection are met.
(1) The state agency shall provide the
				comptroller's office with a draft copy of its Request for Proposal prior to
				issuance and a draft copy of its vendor contract prior to execution. The
				comptroller shall review the drafts for compliance with these rules, state law,
				and other comptroller processes relevant to the deposit of funds into the state
				treasury. The comptroller will notify the state agency whether the drafts are
				accepted or rejected.
(2) The state
				agency will provide the comptroller's office with the merchant numbers assigned
				and the USAS coding block information at least two weeks prior to the
				acceptance of the first credit, charge, or debit card transaction.
(3) The state agency must provide in its
				contract with the vendor that the vendor will credit the comptroller's
				designated bank account for the total amount of credit, charge, and debit card
				sales, less any credits issued. The comptroller will enter the deposit into
				USAS, crediting the appropriate coding block on the same day the vendor credits
				the comptroller's designated bank account.
(4) In order to insure the accuracy of
				information and credit, charge, and debit card payments transmitted to the
				comptroller by state agencies, the comptroller shall determine the method by
				which the information and credit, charge, and debit card payments will be
				transmitted by state agencies.
(5)
				The state agency's contract with the vendor must further provide that:
(A) the vendor shall debit the comptroller's
				designated account for chargebacks;
(B) the state agency will have sole
				responsibility for resolving chargebacks; and
(C) the vendor may debit the comptroller's
				designated account for the fees or the vendor may invoice the state agency
				directly for the fees.
(6) The state agency shall be responsible for
				reviewing the fees for validity. The comptroller will enter the fee charges
				into USAS.
(7) The state agency
				will have sole responsibility for the security of the information captured in
				each transaction.
(8) The state
				agency will ensure that the vendor:
(A) makes
				funds available on a timeframe that is equal to or better than what is provided
				in the comptroller's contract with selected vendors; and
(B) complies with state law and all
				comptroller policies with respect to deposits into the state
				treasury.