Texas Government Code 403.074 – Miscellaneous Claims
(a) The comptroller shall pay, from available funds appropriated for that purpose, miscellaneous claims for which an appropriation does not otherwise exist or for which the appropriation has lapsed. For the purpose of this section, “miscellaneous claims” does not include claims concerning warrants that have expired because they were not presented to the comptroller for payment within the time period specified in § 210.012, Labor Code.
(b) Except as provided by Subsection (g), the comptroller may not pay a miscellaneous claim unless the claim has been:
(1) verified and substantiated by an authorized employee of the state agency whose special fund or account is to be charged for the claim;
(2) verified by the attorney general as a legally enforceable obligation of the state; and
(3) certified by the claimant as due and unpaid.
Terms Used In Texas Government Code 403.074
- 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(c) The comptroller shall keep a record of each transaction made under this section, showing:
(1) the amount of the claim paid;
(2) the identity of the claimant;
(3) the purpose of the claim; and
(4) the fund or account against which the claim is to be charged.
(d) Except as provided by Subsection (g), the comptroller may not pay under this section a single claim in excess of $50,000, or an aggregate of claims by a single claimant during a biennium in excess of $50,000. For the purposes of this subsection, all claims that were originally held by one person are considered held by a single claimant regardless of whether those claims were later transferred.
(e) Unless another law provides a period within which a particular claim must be made, a claim may not be made under this section after eight years from the date on which the claim arose. A claim arises on the day after the last day that payment was due on the original claim. A person who fails to make a claim within the period provided by law waives any right to a payment of the claim.
(f) This section does not apply to a claim for a refund of a tax or fee.
(g) The comptroller shall pay under this section any claim that satisfies the requirements of Subchapter B, Chapter 103, Civil Practice and Remedies Code, as provided by § 103.151, Civil Practice and Remedies Code.