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Statutes > Texas > Government-code > Title-10-general-government > Chapter-2115-recovery-of-certain-state-agency-overpayments

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE C. STATE ACCOUNTING, FISCAL MANAGEMENT, AND PRODUCTIVITY

CHAPTER 2115. RECOVERY OF CERTAIN STATE AGENCY OVERPAYMENTS

Sec. 2115.001. DEFINITIONS. In this chapter:

(1) "Overpayment" includes a duplicate payment made to a vendor

for a single invoice and a payment made to a vendor:

(A) when an available discount from the vendor was not applied;

(B) for a late payment penalty that was improperly applied by

the vendor;

(C) for shipping costs that were computed incorrectly or

incorrectly included in an invoice;

(D) for state sales tax; or

(E) for a good or service the vendor did not provide.

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

office, or other agency, including a university system or an

institution of higher education other than a public junior

college, that:

(A) is in the executive branch of state government;

(B) is created by statute; and

(C) does not have statutory geographical boundaries limited to a

part of the state.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.

Sec. 2115.002. CONTRACT CONSULTANTS FOR RECOVERY AUDITS FOR

CERTAIN OVERPAYMENTS. (a) The comptroller shall contract with

one or more consultants to conduct recovery audits of payments

made by state agencies to vendors. The audits must be designed

to detect and recover overpayments to the vendors and to

recommend improved state agency accounting operations.

(b) A contract under this section:

(1) 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

recovered because of the consultant's audit activities or

recommendations as a fee for services;

(2) may permit or require the consultant to pursue a judicial

action in a court inside or outside this state to recover an

overpaid amount; and

(3) to allow time for the performance of existing state payment

auditing procedures, may not allow a recovery audit of a payment

during the 180-day period after the date the payment was made.

(c) The comptroller or a state agency whose payments are being

audited may provide a person acting under a contract authorized

by this section with any confidential information in the custody

of the comptroller or state agency that is necessary for the

performance of the audit or the recovery of an overpayment, to

the extent the comptroller and state agency are not prohibited

from sharing the information under an agreement with another

state or the federal government. A person acting 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

applicable state agency or an employee of the comptroller or

applicable state agency. A person acting 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 applicable state agency or an employee of

the comptroller or applicable state agency for that disclosure.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.

Sec. 2115.003. STATE AGENCIES SUBJECT TO MANDATORY RECOVERY

AUDITS. (a) The comptroller shall require that recovery audits

be performed on the payments to vendors made by each state agency

that has total expenditures during a state fiscal biennium in an

amount that exceeds $100 million. Each state agency described by

this subsection shall provide the recovery audit consultant with

all information necessary for the audit.

(b) The comptroller may exempt from the mandatory recovery audit

process a state agency that has a low proportion of its

expenditures made to vendors, according to criteria the

comptroller adopts by rule after consideration of the likely

costs and benefits of performing recovery audits for agencies

that make relatively few or small payments to vendors.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.

Sec. 2115.004. PAYMENT TO CONTRACTORS. (a) A state agency

shall pay, from recovered money appropriated for the purpose, the

recovery audit consultant responsible for obtaining for the

agency a reimbursement from a vendor.

(b) A state agency shall expend or return to the federal

government any federal money that is recovered through a recovery

audit conducted under this chapter. The state agency shall

expend or return the federal money in accordance with the rules

of the federal program through which the agency received the

federal money.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.

Sec. 2115.005. FORWARDING REPORTS. (a) The comptroller shall

provide copies, including electronic form copies, of any reports

received from a consultant contracting under Section 2115.002 to:

(1) the governor;

(2) the state auditor's office; and

(3) the Legislative Budget Board.

(b) The comptroller shall provide the copies required by

Subsection (a) not later than the seventh day after the date the

comptroller receives the consultant's report.

(c) Not later than January 1 of each odd-numbered year, the

comptroller shall issue a report to the legislature summarizing

the contents of all reports received under this chapter during

the state fiscal biennium ending August 31 of the previous year.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.

State Codes and Statutes

Statutes > Texas > Government-code > Title-10-general-government > Chapter-2115-recovery-of-certain-state-agency-overpayments

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE C. STATE ACCOUNTING, FISCAL MANAGEMENT, AND PRODUCTIVITY

CHAPTER 2115. RECOVERY OF CERTAIN STATE AGENCY OVERPAYMENTS

Sec. 2115.001. DEFINITIONS. In this chapter:

(1) "Overpayment" includes a duplicate payment made to a vendor

for a single invoice and a payment made to a vendor:

(A) when an available discount from the vendor was not applied;

(B) for a late payment penalty that was improperly applied by

the vendor;

(C) for shipping costs that were computed incorrectly or

incorrectly included in an invoice;

(D) for state sales tax; or

(E) for a good or service the vendor did not provide.

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

office, or other agency, including a university system or an

institution of higher education other than a public junior

college, that:

(A) is in the executive branch of state government;

(B) is created by statute; and

(C) does not have statutory geographical boundaries limited to a

part of the state.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.

Sec. 2115.002. CONTRACT CONSULTANTS FOR RECOVERY AUDITS FOR

CERTAIN OVERPAYMENTS. (a) The comptroller shall contract with

one or more consultants to conduct recovery audits of payments

made by state agencies to vendors. The audits must be designed

to detect and recover overpayments to the vendors and to

recommend improved state agency accounting operations.

(b) A contract under this section:

(1) 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

recovered because of the consultant's audit activities or

recommendations as a fee for services;

(2) may permit or require the consultant to pursue a judicial

action in a court inside or outside this state to recover an

overpaid amount; and

(3) to allow time for the performance of existing state payment

auditing procedures, may not allow a recovery audit of a payment

during the 180-day period after the date the payment was made.

(c) The comptroller or a state agency whose payments are being

audited may provide a person acting under a contract authorized

by this section with any confidential information in the custody

of the comptroller or state agency that is necessary for the

performance of the audit or the recovery of an overpayment, to

the extent the comptroller and state agency are not prohibited

from sharing the information under an agreement with another

state or the federal government. A person acting 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

applicable state agency or an employee of the comptroller or

applicable state agency. A person acting 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 applicable state agency or an employee of

the comptroller or applicable state agency for that disclosure.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.

Sec. 2115.003. STATE AGENCIES SUBJECT TO MANDATORY RECOVERY

AUDITS. (a) The comptroller shall require that recovery audits

be performed on the payments to vendors made by each state agency

that has total expenditures during a state fiscal biennium in an

amount that exceeds $100 million. Each state agency described by

this subsection shall provide the recovery audit consultant with

all information necessary for the audit.

(b) The comptroller may exempt from the mandatory recovery audit

process a state agency that has a low proportion of its

expenditures made to vendors, according to criteria the

comptroller adopts by rule after consideration of the likely

costs and benefits of performing recovery audits for agencies

that make relatively few or small payments to vendors.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.

Sec. 2115.004. PAYMENT TO CONTRACTORS. (a) A state agency

shall pay, from recovered money appropriated for the purpose, the

recovery audit consultant responsible for obtaining for the

agency a reimbursement from a vendor.

(b) A state agency shall expend or return to the federal

government any federal money that is recovered through a recovery

audit conducted under this chapter. The state agency shall

expend or return the federal money in accordance with the rules

of the federal program through which the agency received the

federal money.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.

Sec. 2115.005. FORWARDING REPORTS. (a) The comptroller shall

provide copies, including electronic form copies, of any reports

received from a consultant contracting under Section 2115.002 to:

(1) the governor;

(2) the state auditor's office; and

(3) the Legislative Budget Board.

(b) The comptroller shall provide the copies required by

Subsection (a) not later than the seventh day after the date the

comptroller receives the consultant's report.

(c) Not later than January 1 of each odd-numbered year, the

comptroller shall issue a report to the legislature summarizing

the contents of all reports received under this chapter during

the state fiscal biennium ending August 31 of the previous year.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.


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State Codes and Statutes

Statutes > Texas > Government-code > Title-10-general-government > Chapter-2115-recovery-of-certain-state-agency-overpayments

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE C. STATE ACCOUNTING, FISCAL MANAGEMENT, AND PRODUCTIVITY

CHAPTER 2115. RECOVERY OF CERTAIN STATE AGENCY OVERPAYMENTS

Sec. 2115.001. DEFINITIONS. In this chapter:

(1) "Overpayment" includes a duplicate payment made to a vendor

for a single invoice and a payment made to a vendor:

(A) when an available discount from the vendor was not applied;

(B) for a late payment penalty that was improperly applied by

the vendor;

(C) for shipping costs that were computed incorrectly or

incorrectly included in an invoice;

(D) for state sales tax; or

(E) for a good or service the vendor did not provide.

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

office, or other agency, including a university system or an

institution of higher education other than a public junior

college, that:

(A) is in the executive branch of state government;

(B) is created by statute; and

(C) does not have statutory geographical boundaries limited to a

part of the state.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.

Sec. 2115.002. CONTRACT CONSULTANTS FOR RECOVERY AUDITS FOR

CERTAIN OVERPAYMENTS. (a) The comptroller shall contract with

one or more consultants to conduct recovery audits of payments

made by state agencies to vendors. The audits must be designed

to detect and recover overpayments to the vendors and to

recommend improved state agency accounting operations.

(b) A contract under this section:

(1) 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

recovered because of the consultant's audit activities or

recommendations as a fee for services;

(2) may permit or require the consultant to pursue a judicial

action in a court inside or outside this state to recover an

overpaid amount; and

(3) to allow time for the performance of existing state payment

auditing procedures, may not allow a recovery audit of a payment

during the 180-day period after the date the payment was made.

(c) The comptroller or a state agency whose payments are being

audited may provide a person acting under a contract authorized

by this section with any confidential information in the custody

of the comptroller or state agency that is necessary for the

performance of the audit or the recovery of an overpayment, to

the extent the comptroller and state agency are not prohibited

from sharing the information under an agreement with another

state or the federal government. A person acting 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

applicable state agency or an employee of the comptroller or

applicable state agency. A person acting 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 applicable state agency or an employee of

the comptroller or applicable state agency for that disclosure.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.

Sec. 2115.003. STATE AGENCIES SUBJECT TO MANDATORY RECOVERY

AUDITS. (a) The comptroller shall require that recovery audits

be performed on the payments to vendors made by each state agency

that has total expenditures during a state fiscal biennium in an

amount that exceeds $100 million. Each state agency described by

this subsection shall provide the recovery audit consultant with

all information necessary for the audit.

(b) The comptroller may exempt from the mandatory recovery audit

process a state agency that has a low proportion of its

expenditures made to vendors, according to criteria the

comptroller adopts by rule after consideration of the likely

costs and benefits of performing recovery audits for agencies

that make relatively few or small payments to vendors.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.

Sec. 2115.004. PAYMENT TO CONTRACTORS. (a) A state agency

shall pay, from recovered money appropriated for the purpose, the

recovery audit consultant responsible for obtaining for the

agency a reimbursement from a vendor.

(b) A state agency shall expend or return to the federal

government any federal money that is recovered through a recovery

audit conducted under this chapter. The state agency shall

expend or return the federal money in accordance with the rules

of the federal program through which the agency received the

federal money.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.

Sec. 2115.005. FORWARDING REPORTS. (a) The comptroller shall

provide copies, including electronic form copies, of any reports

received from a consultant contracting under Section 2115.002 to:

(1) the governor;

(2) the state auditor's office; and

(3) the Legislative Budget Board.

(b) The comptroller shall provide the copies required by

Subsection (a) not later than the seventh day after the date the

comptroller receives the consultant's report.

(c) Not later than January 1 of each odd-numbered year, the

comptroller shall issue a report to the legislature summarizing

the contents of all reports received under this chapter during

the state fiscal biennium ending August 31 of the previous year.

Added by Acts 2005, 79th Leg., Ch.

403, Sec. 1, eff. June 17, 2005.

Added by Acts 2005, 79th Leg., Ch.

899, Sec. 2.01, eff. August 29, 2005.


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