Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 5 - FUNDS MANAGEMENT (FISCAL AFFAIRS) › Subchapter E - CLAIMS PROCESSING-PURCHASE VOUCHERS › Section 5.58 - Recovery of Certain State Agency Overpayments

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)
				  Consultant--A person with which the comptroller has contracted under Government
				  Code, Chapter 2115.
(2) Investment
				  vehicle--Does not include real property.
(3) Overpayment--Has the meaning assigned by
				  Government Code, §
											2115.001(1).
(4) Recovery audit--An audit performed under
				  Government Code, Chapter 2115, to recover vendor overpayments made by state
				  agencies.
(5) Retiree--An
				  individual who has been granted a retirement benefit under Government Code,
				  Title 8, Subtitle B, C, D, E, or H.
(6) Retirement benefit--Includes a service
				  retirement benefit, a disability retirement benefit, an occupational disability
				  retirement benefit, a nonoccupational disability retirement benefit, and a
				  death benefit paid by or on behalf of a retirement system.
(7) Retirement system--The Employees
				  Retirement System of Texas, the Teacher Retirement System of Texas, the
				  optional retirement program, the Judicial Retirement System of Texas Plan One,
				  the Judicial Retirement System of Texas Plan Two, or the Texas Emergency
				  Services Retirement System.
(8)
				  State agency--Has the meaning assigned by Government Code, §
											2115.001(2).
(9) State employee--An officer or an employee
				  of a state agency. The term does not include an independent
				  contractor.
(10) USAS--The uniform
				  statewide accounting system.
(11)
				  Vendor payment--Does not include:
(A) a
				  payment from money held outside the state treasury if the payment was not
				  reported to USAS as a cash expenditure;
(B) a payment that already has been
				  cancelled, recalled, refunded, or otherwise recovered;
(C) a payment that was made by warrant if it
				  has not yet been negotiated;
(D) a
				  payment of the compensation earned by a state employee;
(E) a payment of a retirement benefit by or
				  on behalf of a retirement system;
(F) the refund by or on behalf of a
				  retirement system of a member's accumulated contributions to the
				  system;
(G) a payment of the amount
				  deducted from:
(i) the compensation earned by
				  a state employee; or
(ii) the
				  payment by or on behalf of a retirement system of a retirement benefit or the
				  refund of a member's accumulated contributions;
(H) a payment to an individual because of the
				  individual's unemployment, under the Texas Unemployment Compensation Act, Labor
				  Code, Title 4, Subtitle A;
(I) a
				  payment to a governmental entity of this state, including a state agency, a
				  municipality, a county, a public school district, a public school, or a
				  political subdivision;
(J) a
				  payment made by the Texas Department of Insurance in connection with the
				  receivership of an insurance company;
(K) a payment for the purchase of a security
				  or other investment vehicle, except that the term includes a payment of a
				  commission or similar fee concerning the purchase;
(L) a payment of principal or interest,
				  except that the term includes any interest paid under Government Code, Chapter
				  2251;
(M) a payment of the premium
				  to provide group insurance coverage for state employees or retirees;
(N) a payment to a private person to
				  administer a group insurance program for state employees or retirees;
(O) a payment of a loan to a private person
				  if, as of the date of the payment, the entire amount of the loan is required to
				  be repaid;
(P) a payment of a
				  judgment against the state or a state agency or a payment to settle litigation
				  involving the state or a state agency;
(Q) a payment made by a person that is not a
				  state agency; or
(R) any other type
				  of payment that the comptroller determines is not cost effective to include in
				  the recovery audit.