The comptroller may issue a replacement warrant for a lost, destroyed, stolen, undelivered, or forged original warrant, but only under listed conditions and not in several barred situations.
Sec. 403.054. REPLACEMENT WARRANT. (a) Subject to Subsection (b), the comptroller may issue a replacement warrant in place of an original warrant drawn on the state treasury if the state agency on whose behalf the comptroller issued the original warrant notifies the comptroller that: (1) the original warrant has been lost, destroyed, or stolen; (2) the original warrant has not been received; or (3) the payee's endorsement on the original warrant has been forged. (b) The comptroller may not issue a replacement warrant if: (1) the comptroller has paid the original warrant, unless the comptroller: (A) has received a refund of the payment; or (B) is satisfied that the state agency on whose behalf the comptroller issued the original warrant has taken reasonable steps to obtain a refund of the payment; (2) the period during which the comptroller may pay the original warrant has expired under Section 404.046 or other applicable law; (3) the payee of the replacement warrant is not the same as the payee of the original warrant; or (4) the comptroller is prohibited by a payment law from issuing a warrant to the payee of the replacement warrant. (c) A replacement warrant: (1) must reflect the same fiscal year as the original warrant; and (2) may not be paid by the comptroller unless presented for payment to the comptroller or a financial institution before the expiration of two years after the close of the fiscal year in which the original warrant was issued. (d) The comptroller may not pay an original warrant after the comptroller has issued a replacement warrant for the original warrant. (e) If the comptroller determines that a replacement warrant was improperly issued or that the person to whom the replacement was issued was not its owner, the comptroller shall immediately demand return of the replacement or, if the replacement has been paid, the amount paid by the state. If this demand is not satisfied, the comptroller shall refer the matter to the attorney general for appropriate action. (f) A person other than a law enforcement official that has possession of a lost or stolen warrant or a warrant on which the payee's endorsement has been forged shall, on request, immediately deliver the warrant to the comptroller or the state agency on whose behalf the comptroller issued the warrant. The agency or comptroller shall issue a receipt for the warrant. (g) Failure to reimburse the state on demand as required by Subsection (e) constitutes a debt to the state and further payment to the person shall be held as provided by Section 403.055. (h) The comptroller shall adopt rules and forms regarding the issuance of replacement warrants. (i) In this section, "payment law" means: (1) Section 403.055; (2) Section 57.48, Education Code; (3) Section 231.007, Family Code; or (4) any similar law that prohibits the comptroller from issuing a warrant or initiating an electronic funds transfer to a person. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.03, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 449, Sec. 27, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1423, Sec. 7.08, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1310, Sec. 18, eff. June 20, 2003.