The comptroller may withhold travel reimbursement payments, or bar use of local funds for reimbursement, when a state agency’s required report is late or improperly received; once the report is properly received, the comptroller must release withheld reimbursements and rescind any prohibition.
Sec. 2101.0375. WITHHOLDING OF TRAVEL EXPENSE REIMBURSEMENTS FOR LATE OR IMPROPER REPORTING. (a) The comptroller may withhold all reimbursements for the travel expenses incurred by the chief administrative officer of a state agency whose report under this subchapter is not properly received by the comptroller on or before the comptroller's deadline. (b) The comptroller may withhold all reimbursements for the travel expenses incurred by the officers and employees of a state agency whose report under this subchapter is not properly received by the comptroller on or before the 30th day after the comptroller's deadline. (c) The comptroller may prohibit a state agency from using local funds to reimburse the travel expenses incurred by: (1) the agency's chief administrative officer if the agency's report under this subchapter is not properly received by the comptroller on or before the comptroller's deadline; or (2) the agency's officers or employees if the agency's report under this subchapter is not properly received by the comptroller on or before the 30th day after the comptroller's deadline. (d) Immediately after the comptroller determines that a state agency's report has been properly received, the comptroller shall: (1) release each travel expense reimbursement that the comptroller withheld under Subsection (a) or (b); and (2) rescind any prohibition that the comptroller issued under Subsection (c). (e) A travel expense reimbursement is subject to withholding under Subsection (a), (b), or (c) regardless of when the expense is incurred. A travel expense reimbursement is subject to withholding under Subsection (a) or (b) regardless of whether the reimbursement is payable to an individual or a state agency. (f) A report is properly received under this section if the report complies with the format, submission method, content, and other requirements of the comptroller and this subchapter. (g) In this section: (1) "Chief administrative officer" means: (A) the appointed or elected individual who is authorized by law to administer a state agency that is not headed by a governing body; or (B) the executive director or other individual with an equivalent title who administers a state agency headed by a governing body. (2) "Local funds" means funds that are not expended on warrants drawn or electronic funds transfers initiated by the comptroller. (3) "State agency" does not include: (A) a state agency under the direct supervision and control of the governor, the secretary of state, the comptroller, the Commissioner of the General Land Office, or the attorney general if the agency is not headed by a governing body; (B) a state agency in the legislative or judicial branch of government; (C) the Department of Agriculture; or (D) the Railroad Commission of Texas. Added by Acts 1997, 75th Leg., ch. 1035, Sec. 81, eff. June 19, 1997.