HBA-JRA H.B. 3211 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3211 By: McCall Ways & Means 4/18/1999 Committee Report (Amended) BACKGROUND AND PURPOSE The purpose of H.B. 3211 is to provide guidance about state fiscal issues and improve the fiscal management of state government. This bill makes technical and policy changes to several statutes relating to fiscal management and the comptroller's powers and duties; clarifies the statutes that prohibit the state from making payments to a person who is indebted to the state or delinquent in tax, child support, or student loan payments; expands and revises the statutes that authorize the comptroller to deduct a person's indebtedness to the state or tax delinquency from any amount the state owes the person; authorizes state agencies to deduct an overpayment of compensation to a state officer or employee from a subsequent payment of compensation; authorizes the comptroller to allow persons to debit a state account directly for the types of payments that the comptroller determines are appropriate for the direct debit process; authorizes the comptroller to contract with a private person or entity to print and deliver warrants; and extends the deadline for filing certain information with the secretary of state after a state agency enters into or renews, amends, or extends a consulting services contract. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the comptroller of public accounts in SECTIONS 1, 7, 8, 9, 19, 27, and 30 (Section 57.48, Education Code, and Sections 403.0271, 403.055, 403.0551, and 666.007, Government Code) and that rulemaking authority previously delegated to the comptroller of public accounts is modified in SECTION 6 (Section 403.023, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 57.48, Education Code, as follows: Sec. 57.48. New title: PAYMENTS BY THE COMPTROLLER TO DEFAULTING PERSONS PROHIBITED. (a) Provides that Subsection (g) provides an exception to the requirements of this subsection. Provides that the report of persons in default on a guaranteed student loan the corporation is required to make to the comptroller must contain the information and be submitted in the manner and with the frequency required by rules of the comptroller. (b) Makes conforming changes. (c) Makes conforming changes. (d) Provides that if this section prohibits the comptroller from issuing a warrant or initiating an electronic funds transfer to person, the comptroller is also prohibited from issuing a warrant or initiating electronic funds transfer to the person's estate, the distributees of the person's estate, or the person's surviving spouse. (e) Provides that this section does not prohibit the comptroller from issuing a warrant or initiating an electronic funds transfer to a person properly reported under Subsection (a) or to the assignee of the person if the corporation subsequently and properly reports to the comptroller that the person is complying with an installment payment agreement to eliminate the default unless the person is no longer complying with the agreement, the person's wages are being garnished to eliminate the default, the default has been eliminated, or the report of default was prohibited by Subsection (g) or was other wise erroneous. Redesignated from existing Subsection (d). (f) Redesignated from existing Subsection (e). Makes conforming and nonsubstantive changes. Deletes existing Subsection (f) relating to a state agency carrying out the actions authorized in this section. (g) Prohibits the corporation from reporting a person under Subsection (a) unless the corporation first provides the person with an opportunity to exercise any due process or other constitutional or statutory protection that must be accommodated before the corporation may begin a collection action or procedure. Prohibits the corporation from investigating or determining whether the corporation has complied with this prohibition. (h) Provides that this section does not prohibit the comptroller from issuing a warrant or initiating an electronic funds transfer if the warrant or transfer would result in a payment being made in whole or in part with money paid to the state by the United States and the state agency that administers the money certifies to the comptroller that federal law requires the payment to be made or conditions the state's receipt of those funds on the payment being made. (i) Authorizes the comptroller to adopt rules and establish procedures to administer this section. (j) Redefines "compensation" and "state agency" in this section. Redesignated from existing Subsection (g). SECTION 2. Amends Subchapter C, Chapter 57, Education Code, by adding Section 57.482, as follows: Sec. 57.482. PAYMENTS BY A STATE AGENCY TO DEFAULTING PERSON PROHIBITED. (a) Prohibits a state agency, as a ministerial duty, from using funds inside or outside the state treasury to pay a person or the person's assignee if Section 57.48 prohibits the comptroller from issuing a warrant or initiating an electronic funds transfer to the person or assignee. (b) Provides that a state agency that is prohibited from paying a person by Subsection (a) is also prohibited from paying the person's estate, the distributees of the person's estate, or the person's surviving spouse. (c) Prohibits the comptroller from reimbursing a state agency for a payment that the comptroller determines was made in violation of this section. (d) Provides that this section applies to a payment only if the comptroller is not responsible under Section 404.046 (Payment From Treasury), 404.069 (Trust Funds), or 2103.003 (State Agency Spending of Appropriated Funds), Government Code, for issuing a warrant or initiating an electronic funds transfer to make the payment. (e) Defines "state agency" in this section. SECTION 3. Amends Section 62.021(a), Education Code, to provide an exception to the prohibition against the comptroller issuing a warrant from any funds allocated under this subsection before the delivery of good or services described in Section 17 (Higher Education; Appropriations and Funding), Article VII (Education), Texas Constitution, for a payment for a book or other published library material as authorized by Section 2155.386 (Prepayment for Library Materials by Institution of Higher Education), Government Code. SECTION 4. Amends Section 231.007, Family Code, as follows: Sec. 231.007. DEBTS TO STATE. (a) Provides that a person is indebted to the Office of the Attorney General - Child Support Division (Title IV-D agency) for purposes of Section 403.055 (Issuance to Debtors Prohibited), Government Code, if the Title IV-D agency has reported the person to the comptroller under that section properly. (b) Makes nonsubstantive changes. (c) Provides that the Office of the Attorney General is the sole, rather than an, assignee of all payments by the state to a person indebted to the state under this Subsection (a). (d) Requires the comptroller to make payable and deliver to the Title IV-D agency any payments for which the Title IV-D agency is the assignee under Subsection (c) if the comptroller is responsible for issuing warrants or initiating electronic funds transfers to make those payments and requires a state agency to such payments if the comptroller is not responsible. (e) Redesignated from existing Subsection (d). Makes conforming and nonsubstantive changes. (f) Redesignated from existing Subsection (e). Makes conforming and nonsubstantive changes. (g) Redesignated from existing Subsection (f). Makes conforming and nonsubstantive changes. (h) Authorizes the comptroller or a state agency to rely on a representation by the Title IV-D agency that a withholding or assignment under this section would not violate this subsection. Redesignated from existing Subsection (g). (i) Includes issuing an electronic funds transfer and remunerating an individual who is being paid by a private person through a state agency, if the individual is indebted to the state under Subsection (a), among the activities from which the comptroller is prohibited, notwithstanding Section 403.055, rather than Sections 403.055(c) and (e)(4), Government Code. Redesignated from existing Subsection (h). Makes conforming and nonsubstantive changes. (j) Prohibits a state agency from paying compensation to a state officer or employee who is indebted to the state under Subsection (a) or remunerating an individual who is being paid by a private person through the agency if the individual is indebted to the state under Subsection (a), notwithstanding Section 2107.008 (Payments to Debtors or Delinquents Prohibited), Government Code. (k) Redefines "compensation," and defines "state agency" and "state officer or employee" in this section. Redesignated from existing Subsection (i). SECTION 5. Amends Section 403.011, Government Code, to require the comptroller to 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. SECTION 6. Amends Section 403.023, Government Code, as follows: Sec. 403.023. New title: CREDIT AND DEBIT CARDS. Authorizes the comptroller to adopt rules relating to the acceptance of debit cards for the payment of fees, taxes, and other charges assessed by state agencies. Prohibits the comptroller from adopting rules about a particular state agency's acceptance of 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. Makes conforming and nonsubstantive changes. SECTION 7. Amends Subchapter B, Chapter 403, Government Code, by adding Section 403.0271, as follows: Sec. 403.0271. AUTHORIZATIONS TO DEBIT STATE ACCOUNTS. (a) Authorizes the comptroller to authorize a person to debit a state account in or outside of the state treasury for the purpose of receiving payment for goods or services provided to a state agency. (b) Authorizes the comptroller to limit the circumstances under which a debit is permitted. (c) Requires each state agency whose funds are paid through debits authorized under Subsection (a) to reconcile the debits with the actual amount due for goods or services provided and recover any amount debited that exceeds the amount due. (d) Requires the comptroller, by rule, to specify the frequency with which a state agency must conduct such a reconciliation. Authorizes the comptroller, by rule, to require the agency to submit the reconciliation to the comptroller for review and approval. Authorizes the comptroller to audit the agency to ensure the accuracy of the reconciliation. (e) Authorizes the comptroller to adopt rules and establish procedures to administer this section. (f) Defines "state agency" in this section. SECTION 8. Amends Section 403.055, Government Code, as follows: Sec. 403.055. New title: PAYMENTS TO DEBTORS OR DELINQUENTS PROHIBITED. (a) Includes initiating an electronic funds transfer to a person who has been reported to the comptroller as being indebted to the state or having a tax delinquency among the activities from which the comptroller is prohibited. Makes conforming changes. (b) Makes conforming changes. (c) Provides that when this section prohibits the comptroller from issuing a warrant or initiating an electronic funds transfer to person, the comptroller is also prohibited from issuing a warrant or initiating electronic funds transfer to the person's estate, the distributees of the person's estate, or the person's surviving spouse. (d) Redesignated from existing Subsection (c). Makes conforming and nonsubstantive changes. (e) Provides that this section does not prohibit the comptroller from issuing a warrant or initiating an electronic funds transfer to a person properly reported under Subsection (f) or to the person's assignee if the state agency responsible for collecting the person's debt or tax delinquency subsequently and properly reports to the comptroller that the person is complying with an installment payment agreement to eliminate the debt or delinquency unless the person is no longer complying with the agreement, the debt or delinquency has been eliminated, or the report of the indebtedness or delinquency was prohibited by Subsection (g) or was otherwise erroneous. Redesignated from existing Subsection (d). (f) Requires a state agency to report to the comptroller each person who is indebted to the state or has a tax delinquency, except as provided by Subsection (g). Provides that the report must contain the information and be submitted in the manner and with the frequency required by the comptroller. (g) Prohibits the state agency from reporting a person under Subsection (f) unless the agency first provides the person with an opportunity to exercise any due process or other constitutional or statutory protection that must be accommodated before the agency or the state may begin a collection action or procedure. Prohibits the comptroller from investigating or determining whether a state agency has complied with this prohibition. (h) Provides that this section does not apply to the extent Section 57.48, Education Code, applies or to the extent this section conflicts with Section 231.007, Family Code. (i) Provides that this section does not prohibit the comptroller from issuing a warrant or initiating an electronic funds transfer if the warrant or transfer would result in a payment being made in whole or in part with money paid to the state by the United States and the state agency that administers the money certifies to the comptroller that federal law requires the payment to be made or conditions the state's receipt of those funds on the payment being made. (j) Authorizes the comptroller to adopt rules and establish procedures to administer this section. (k) Redefines "compensation," "state agency" and defines "tax delinquency" in this section. Redesignated from existing Subsection (f). Deletes existing Subsection (k) relating to a state agency carrying out the actions authorized in this section. SECTION 9. Amends Subchapter D, Chapter 403, Government Code, by adding Section 403.0551, as follows: Sec. 403.0551. DEDUCTIONS FOR REPAYMENT OF CERTAIN DEBTS OR TAX DELINQUENCIES. (a) Authorizes the comptroller to deduct the amount of a person's indebtedness to the state or tax delinquency from any amount the state owes the person or the person's successor, except as provided by Subsections (b) and (d). Requires the comptroller to issue a warrant or initiate an electronic funds transfer to the person or successor for any remaining amount. (b) Provides that Subsection (a) applies to a person or the person's successor only the comptroller has provided notice to the person or successor that complies with Subsection (c); Section 57.48, Education Code, or Section 403.055 prohibits the comptroller from issuing a warrant or initiating an electronic funds transfer to the person or successor; and the comptroller is responsible under Section 404.046, 404.069, or 2103.003 for paying the amount owed by the state to the person or successor through the issuance of warrant or initiation of an electronic funds transfer. (c) Requires the comptroller to provide notice to a person or the person's successor before deducting the amount of the person's indebtedness to the state or tax delinquency under Subsection (a). Sets forth the notice requirements and the information which the notice must state. (d) Provides that the section does not authorize the comptroller to deduct the amount of a state employee's indebtedness to a state agency from any amount of compensation owed by the agency to the employee, the employee's successor, or the assignee of the employee or successor. Defines "compensation," "indebtedness," state agency," "state employee," and "successor" in this subsection. (e) Requires the comptroller to credit the appropriate fund or account for any amount deducted under this section if the comptroller is the custodian or trustee of that fund or account or remit the amount to the custodian or trustee of the appropriate fund or account if the comptroller is not its custodian or trustee. (f) Authorizes the comptroller to determine the order in which a person's multiple types of indebtedness to the state or tax delinquencies are deducted from the amount the state owes the person or the person's successor. (g) Provides that the assignee of a person or the person's successor is considered to be a successor of the person for the purposes of this section, but prohibits a deduction under this section from the amount owed to the assignee of a person or the person's successor from being made if the assignment became effective before the person became indebted to the state or incurred the tax delinquency. (h) Authorizes the comptroller to adopt rules and establish procedures to administer this section. (i) Defines "successor" in this section. SECTION 10. Amends Subchapter D, Chapter 403, Government Code, by adding Section 403.0552, as follows: Sec. 403.0552. PREPARATION AND RETENTION OF CERTAIN WARRANTS. (a) Authorizes the comptroller to prepare and retain a warrant that Section 57.48, Education Code, Section 231.007, Family Code, or Section 403.055, Government Code, prohibits the comptroller from issuing. (b) Authorizes the comptroller to prepare a warrant to make a payment that Section 57.48, Education Code, Section 231.007, Family Code, or Section 403.055, Government Code, prohibits the comptroller from initiating by electronic funds transfer. (c) Requires the comptroller, if the comptroller prepares a warrant under Subsection (a) or (b), to make the warrant payable to the person to whom the warrant may not be issued or an electronic funds transfer may not be initiated and retain the warrant for a certain period of time. (d) Prohibits the comptroller from canceling or destroying such a warrant unless the comptroller receives a request for its cancellation or destruction from the state agency that submitted the voucher requesting issuance of the warrant or initiation of the electronic funds transfer and the agency informs the comptroller that the voucher was erroneous, the agency is the only state agency responsible for collecting the indebtedness or tax delinquency of the payee or warrant, or all state agencies that are responsible for collecting the indebtedness or tax delinquency of the payee of the warrant consent to the cancellation or destruction. (e) Provides that a voucher is not erroneous and is not submitted erroneously merely because the comptroller is prohibited from issuing a warrant or initiating an electronic funds transfer in accordance with the voucher. SECTION 11. Amends Section 403.060(a), Government Code, to authorize the comptroller to delegate to a person, rather than a state agency, the authority to print warrants and deliver those warrants to the appropriate person. Makes conforming changes. SECTION 12. Amends Section 404.046, Government Code, to provide that Section 403.0271 provides an exception to the prohibition against money being paid out of the treasury except on a warrant drawn or an electronic funds transfer initiated by the comptroller. Makes conforming changes. SECTION 13. Amends Section 404.069(a), Government Code, to authorizes money to be withdrawn only on a warrant drawn or an electronic funds transfer initiated by the comptroller, except as provided by Section 403.0271, and securities to be withdrawn only by withdrawal authorization. Deletes requirement that those instruments be issued by the comptroller as provided by Section 403.011 (General Powers) and 403.056 (Preparation and Delivery of Warrants). SECTION 14. Amends Section 608.002(b), Government Code, to provide that an authorization of an individual's department administrator or disbursing officer to deduct from the individual's compensation an amount to be used to purchase savings bonds must state the denomination of the savings bonds to be purchased. SECTION 15. Amends Section 608.003(b), Government Code, to make a conforming change. SECTION 16. Amends Section 608.005, Government Code, as follows: Sec. 608.005. New title: PAYMENT TO DEPARTMENT ADMINISTRATOR OR DISBURSING OFFICER. Makes conforming changes. SECTION 17. Amends Section 608.007, Government Code, to make conforming changes. SECTION 18. Amends Section 608.010(b), Government Code, to make a conforming change. SECTION 19. Amends Subtitle B, Title 6, Government Code, by adding Chapter 666, as follows: CHAPTER 666. PAYROLL DEDUCTION TO RECOUP EXCESS COMPENSATION PAID TO A STATE OFFICER OR EMPLOYEE Sec. 666.001. DEFINITIONS. Defines "compensation," "indebtedness," "state agency," "state employee" and "successor" in this chapter. Sec. 666.002. DEDUCTION AUTHORIZATION. (a) Authorizes a state agency to deduct the amount of a state employee's indebtedness to the agency from any amount of compensation the agency owes the employee or the employee's successor if the agency provides a notice to the employee or successor that complies with Section 666.003, the agency provides the employee or successor with an opportunity to exercise any due process or other constitutional or statutory protection that must be accommodated before the agency may begin a collection action or procedure, the agency determines that the deduction would not violation any applicable law or rule of this state or the United States, and the comptroller is not responsible under Section 404.046, 404.069, or 2103.003 for paying the amount owed by the agency to the employee or successor through the issuance of a warrant or initiation of an electronic funds transfer. (b) Authorizes the comptroller to deduct the amount of a state employee's indebtedness to a state agency from any amount of compensation the agency owes the employee or the employee's successor if the agency provides a notice to the employee or successor that complies with Section 666.003, the agency requests the comptroller to make the deduction in accordance with Section 666.005, and the comptroller is responsible under Section 404.046, 404.069, or 2103.003 for paying the amount owed by the agency to the employee or successor through the issuance of a warrant or initiation of an electronic funds transfer. Sec. 666.003. NOTICE. Requires a state agency to provide notice to a state employee or the employee's successor before the agency deducts the amount of the employee's indebtedness to the agency under Section 666.002(a) or requests the comptroller to make a deduction under Section 666.002(b). Sets forth the required procedures for and contents of the notice. Sec. 666.004. PAYMENT OF AMOUNT REMAINING. Requires any amount that remains owed after a deduction under Section 666.002 to be paid to the state employee or successor. Sec. 666.005. DEDUCTION REQUESTS TO THE COMPTROLLER. (a) Prohibits a state agency from requesting the comptroller to make a deduction from compensation owed to a state employee or successor under Section 666.002(b) before the agency provides the employee or successor the opportunity to exercise any due process or other constitutional or statutory protection that must be accommodated before a collection action or procedure may begin and determines that the deduction would not violate any applicable law or rule of this state or the United States. (b) Prohibits the comptroller from investigating or determining whether the agency has complied with Subsection (a). Authorizes the comptroller to rely on a determination made under Subsection (a). (c) Provides that a state agency's request to the comptroller to make a deduction under Section 666.002(b) must comply with the comptroller's requirements for format, content, and frequency. Sec. 666.006. ASSIGNEES. Provides that the assignee of a state employee or the employee's successor is considered to be a successor for the purposes of this chapter, but prohibits a deduction under this chapter from the compensation owed to the assignee of a state employee or the employee's successor from being made if the assignment became effective after the employee incurred the indebtedness. Sec. 666.007. ADMINISTRATION. Authorizes the comptroller to adopt rules and establish procedures to administer this chapter. SECTION 20. Amends Section 2103.003, Government Code, to include a debit to a state account by a person authorized under Section 402.0271 among the ways by which a state agency is authorized to spend appropriated funds. SECTION 21. Amends Chapter 2107, Government Code, by adding Section 2107.008, as follows: Sec. 2107.008. PAYMENTS TO DEBTORS OR DELINQUENTS PROHIBITED. (a) Prohibits a state agency, as a ministerial duty, from using funds in or outside of the state treasury to pay a person if: (1) Section 403.055 prohibits the comptroller from issuing a warrant or initiating an electronic funds transfer to the person, or (2) the person is indebted to the state or has a tax delinquency, the agency is responsible for collecting that indebtedness of delinquency, and Section 403.055 does not prohibit the comptroller from issuing a warrant or initiating an electronic funds transfer to the person. (b) Prohibits a state agency from paying the assignee of a person that the agency is prohibited from paying under Subsection (a)(1) if Section 403.055 prohibits the comptroller from issuing a warrant or initiating an electronic funds transfer to the assignee. Prohibits the agency from paying the assignee of a person that the agency is prohibited from paying under Subsection (a)(2) if the assignment became effective after the person became indebted to the state or incurred a tax delinquency. (c) Provides that a state agency that is prohibited by Subsection (a) is prohibited from issuing a warrant or initiating electronic funds transfer to the person's estate, the distributees of the person's estate, or the person's surviving spouse. (d) Provides that this section does not prohibit a state agency from paying a person subject to Subsection (a)(2) or the person's assignee if the agency determines that the person is complying with an installment payment agreement to eliminate the debt or delinquency. (e) Prohibits the comptroller from reimbursing a state agency for a payment that the comptroller determines was made in violation of this section. (f) Provides that Subsection (a)(2) does not prohibit a state agency from paying compensation to a state officer or employee or remuneration to an individual if the remuneration is being paid by a private person through the agency. (g) Provides that Subsection (a)(2) does not prohibit a state agency from making a payment if the payment would be made in whole or in part with money paid to the state by the United States and the agency determines that federal law requires the payment to be made or conditions the state's receipt of those funds on the payment being made. (h) Prohibits a state agency from refusing to make a payment under Subsection (a)(2) before the agency has provided the person with an opportunity to exercise any due process or other constitutional or statutory protection that must be accommodated before the agency or the state may begin a collection action or procedure. (i) Provides that this section does not apply to the extent Section 57.482, Education Code, applies. (j) Provides that this section applies to a payment only if the comptroller is not responsible under Section 404.046, 404.069, or 2103.003 for issuing a warrant or initiating an electronic funds transfer to make the payment. (k) Defines "compensation," "state agency," "state officer or employee," and "tax delinquency" in this section, notwithstanding Section 2107.001. SECTION 22. Amends Section 2254.030, Government Code, to require a contracting state agency to file descriptive information with the secretary of state for publication in the Texas Register by the 20th, rather than the10th, day after the date of entering into a major consulting services contract. SECTION 23. Amends Sections 2254.031(a) and (c), Government Code, to require a state agency that intends to renew a major consulting services contract or has amended or extended such a contract to file the required information with the secretary of state for publication in the Texas Register by the 20th, rather than the10th, day after the date the contract is renewed, amended, or extended. SECTION 24. Amends Section 2254.034(c), Government Code, to delete the requirement that an agency comply with Sections 2254.029 through 2254.031 before the agency is authorized to make any payment under the contract with state or federal money or money held in or outside the state treasury. SECTION 25. Amends Section 31.038, Human Resources Code, to authorize the Texas Department of Human Services (department), rather than the comptroller on the department's authorization, to cancel a financial assistance warrant that has not been cashed within a reasonable period of time after issuance. Provides that the cancellation must be performed in the manner required by rules of the comptroller. SECTION 26. Repealer: Sections 481.0841 (Payments Not to be Made to Defaulting Users), 608.004 (Issuance of Warrant to Officer or Employee), and 608.012 (Transfer by Electronic Means), Government Code, and Section 5.101(f), Tax Code, which entitles a member of the technical advisory committee to reimbursement for certain costs. SECTION 27. (a) Authorizes the comptroller to adopt rules and take other action before January 1, 2000, that the comptroller considers necessary or appropriate to prepare for Sections 1, 2, 4, 8-10, 19, and 21 of this Act to take effect. Provides that this subsection does not authorize the comptroller to adopt any rule or take any action that Sections 1, 2, 4, 8-10, 19, and 21 of this Act would not authorize the comptroller to adopt or take if those sections took effect immediately. (b) Authorizes a state agency to take actions before January 1, 2000, that the agency considers necessary or appropriate to prepare for Sections 1, 2, 4, 8-10, 19, and 21 of this Act to take effect. Provides that this subsection does not authorize a state agency to take any action that Sections 1, 2, 4, 8-10, 19, and 21 of this Act would not authorize the agency to take if those sections took effect immediately. Provides that in this subsection, "state agency" does not include the comptroller. SECTION 28. Provides that the repeal of Section 608.004, Government Code, by Section 26(a) of this Act is intended only to repeal a redundant law and does not imply that on and after the effective date of Section 26 of this Act the amount an officer or employee authorizes to be deducted from the officer's or employee's compensation for the purchase of savings bonds may not actually be withheld and deducted as authorized by Section 608.003, Government Code, or the amount of an officer's or employee's compensation remaining after all authorized deductions have been made may not be paid to the officer or employee. SECTION 29. Makes application of Sections 22 and 23 of this Act prospective. SECTION 30. Authorizes the comptroller to adopt rules and take other action before September 1, 1999, that the comptroller considers necessary or appropriate to prepare for Sections 6, 22, 23, and 29 of this Act to take effect. Provides that this subsection does not authorize the comptroller to adopt any rule or take any action that Sections 6, 22, 24, and 29 of this Act would not authorize the comptroller to adopt or take if those sections took effect immediately. SECTION 31. Provides that this Act is effective immediately except that Sections 6, 22, 23, and 29 take effect September 1, 1999, and Sections 1, 2, 4, 8-10, 19, and 21 take effect January 1, 2000. SECTION 32. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 (1) SECTION 1. In proposed Section 57.48(h), Education Code, makes a nonsubstantive change. (2) SECTION 2. In proposed Section 57.482(b), Education Code, specifically prohibits a state agency from paying any part of a payment prohibited from being paid to a person to the person's estate, the distributees of the person's estate, or the person's surviving spouse. (3) SECTION 4. In Section 231.007(i), Education Code, makes a nonsubstantive change. (4) SECTION 4. In Section 231.007(i), Education Code, makes a nonsubstantive change. (5) SECTION 8. In Section 403.055(d), Education Code, makes a nonsubstantive change. (6) SECTION 8. In Section 403.055(d), Education Code, makes a nonsubstantive change. (7) SECTION 8. In Section 403.055(i), Education Code, makes a nonsubstantive change. (8) SECTION 20. In Section 2103.003, Government Code, authorizes a state agency to spend appropriated funds only by a warrant drawn by the comptroller or a person, rather than a state agency, to which the comptroller has delegated authority to print warrants, in addition to an electronic funds transfer or a debit to a state account. (9) SECTION 21. In proposed Section 2107.008(c), Government Code, specifically prohibits the state agency from paying any part of the payment to the person's estate, the distributees of the person's estate, or the person's surviving spouse. (10) SECTION 21. In proposed Section 2107.008(f), Education Code, makes a nonsubstantive change. (11) SECTION 21. In proposed Section 2107.008(f), Education Code, makes a nonsubstantive change.