Texas Government Code 2166.257 – Contract Payment Administration
(a) On receipt of notice and itemized statements from the commission, the comptroller shall:
(1) account for prior expenditures on behalf of a project as expenditures from the project’s appropriation, based on the amount of those expenditures certified by the commission; and
(2) reserve from a project’s appropriation an amount estimated by the commission to be sufficient to cover contingencies over the amounts obligated by contract or otherwise for:
(A) planning, engineering, and architectural work;
(B) site acquisition and development; and
(C) construction, equipment, and furnishings contracts.
(b) The money reserved under Subsection (a)(2) may be used only if:
(1) the design professional or contractor recommends and justifies the proposed contingency expenditures by submitting a change order request;
(2) the proposed change order request is approved by the design professional;
(3) the proposed change order request is approved by the using agency and the agency makes a formal request for the allocation of money from the contingency reserve; and
(4) the director of facilities construction and space management appointed under § 2152.104 investigates the nature of the change order and concurs in the necessity of the proposed expenditure or refuses to concur not later than the 15th day after the date of receiving the request.
Terms Used In Texas Government Code 2166.257
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- Contract: A legal written agreement that becomes binding when signed.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the director of facilities construction and space management refuses to concur in a proposed contingency expenditure, the using agency may appeal to the commission. The commission’s findings are final. The commission shall adopt rules on the procedures for an appeal under this subsection.
(d) If an approved change order results in a reduction of construction cost, the amount of the contingency reserve shall be increased by the amount of the reduction.
(e) The comptroller shall issue warrants to pay progress payments and final payments on construction under this chapter on the commission’s written approval.