(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 § 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.

Terms Used In Texas Government Code 403.054

  • Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Year: means 12 consecutive months. See Texas Government Code 311.005

(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 § 403.055.
(h) The comptroller shall adopt rules and forms regarding the issuance of replacement warrants.
(i) In this section, “payment law” means:
(1) § 403.055;
(2) § 57.48, Education Code;
(3) § 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.

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