TITLE administration

Part V. General Services Commission

Chapter 113. Central Purchasing Division

Subchapter A. Purchasing

1 TAC §113.15

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the General Services Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The General Services Commission proposes the repeal of Title 1, TAC, §113.15 concerning Invoicing and Payment in order to propose new Title 1, TAC, Chapter 114 which contains language in accordance with the Texas Government Code, Chapter 2251-Payment for Goods and Services.

Mr. Gene Crump, Director of Fiscal Division, has determined for the first five year period the rules are in effect, there will be no adverse effect to state or local government as a result of enforcing these rules.

Mr. Crump further determines that for each year of the first five-year period the repeal of Title 1, TAC, §113.15 is in effect, the public benefit anticipated as a result of enforcing the repeal will be the deletion of obsolete language and the creation of new more efficient rules relating to the Texas Government Code, Chapter 225-Payment of Goods and Services. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.

Comments on the proposals may be submitted to Judy Ponder, General Counsel, General Services Commission, P.O. Box 13047, Austin, Texas, 78711-3047. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

The repeal of §113.15 is proposed under the authority of the Texas Government Code, Title 10, Subtitle F, Chapter 2251, Section 2251.003

The following code is affected by these rules: Government Code, Title 10, Subtitle F, Chapter 2251.

§113.15.Invoicing and Payment.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 5, 1999.

TRD-9902641

Judy Ponder

General Counsel

General Services Commission

Earliest possible date of adoption: June 20, 1999

For further information, please call: (512) 463-3960


Chapter 114. Payment for Goods and Services

1 TAC §§114.1, 114.3, 114.5, 114.7, 114.9, 114.11

The General Services Commission proposes new Title 1, TAC, Chapter 114, §§114.1, 114.3, 114.5, 114.7, 114.9, and 114.11, concerning the Payment for Goods and Services in order to bring rules into compliance with the Texas Government Code, Chapter 2251 and Acts of 75th Legislature, Chapter 634, 1995 Tex. Gen. Laws 2179-2180. The new rules provide definitions and invoicing standards for vendors doing business with the State of Texas, to facilitate prompt payment. The new rules also establish a committee that will provide ongoing policy guidance to state agencies and vendors. As a result of Chapter 634 (1995) codified at Government Code, Section 403.016, the Office of the Comptroller (Comptroller) is required to use the electronic fund transfer system to make payments to vendors effective September 1, 1998. It further amended Government Code, Section 2155.382, allowing for the Comptroller to issue payments directly to vendors and to bundle payments for more than one invoice, or payments from more than one agency, into a single payment. Effective, September 1, 1999, Chapter 634 (1995) terminates the effect of Government Code, Section 2251.041 which requires that a vendor petition a state agency to claim interest due to late payment, therefore, allowing the Comptroller to pay vendors and to automatically compute and pay any interest due if a payment falls late. These rules provide for transition between the current law and the law which will take effect September 1, 1999.

Mr. Gene Crump, Director of Fiscal Division, has determined for the first five year period the rules are in effect there will be no adverse effect to state or local government as a result of enforcing these rules.

Mr. Crump further determines that each year of the first five-year period the new rules under Title 1, TAC, Chapter 114, are in effect, the public benefit anticipated as a result of enforcing the proposed new rules are more efficient processes that are compliant with the Government Code, Chapters 2155 and 2251, and the Government Code, Section 403.016. As a result of these laws, the public is already experiencing the benefit of reduced mail and paper costs by the use of the electronic transfer fund system to pay vendors. The payment process has also been accelerated. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.

Comments on the proposals may be submitted to Judy Ponder, General Counsel, General Services Commission, P.O. Box 13047, Austin, Texas, 78711-3047. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register .

The new sections under Title 1, TAC, Chapter 114 are proposed under the authority of the Texas Government Code, Title 10, Subtitle F, Chapter 2251, Section 2251.003.

The following codes are affected by these rules: Government Code, Title 10, Subtitle D, Chapter 2155, Sections 2155.041, 2155.324 and 2155.382; Government Code, Chapter 2251; and Government Code, Section 403.016.

§114.1.Definitions.

The following words and terms, when used in this title, shall have the following meanings, unless the context clearly indicates otherwise.

(1)

Bona-fide Dispute--a factually based difference of opinion held in good faith by a vendor and a state agency.

(2)

Commission--General Services Commission.

(3)

Committee--Payment of Goods and Services Committee.

(4)

Disputed Payment--includes, but is not limited to an invoice presented for payment

(A)

which is not in compliance with the invoicing standards in this chapter;

(B)

which is for nonconforming goods and services under the related purchase order or contract; or

(C)

which is not presented in the time frame allowed by the related purchase order or contract.

(5)

Goods--includes supplies, materials, or equipment.

(6)

Payment--Money owed to a vendor for the sale or lease of goods and/or services. Methods of payment include, but are not limited to, credit card charges, warrants, electronic transfer, and petty cash.

(7)

Person--Includes a corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity.

(8)

Services--The furnishing of skilled or unskilled labor or professional work, including gas and water utility service. Services does not include a:

(A)

professional service subject to Subchapter A, Chapter 2254, Government Code;

(B)

service of a state agency employee;

(C)

Consulting service or service of a consultant as defined by Subchapter B, Chapter 2254, Government Code; or

(D)

service of a public utility.

(9)

State agency--

(A)

a board, commission, department, office, or other agency in the executive branch of state government that is created by the constitution or a statute of this state, including a river authority and an institution of higher education as defined by Section 61.003, Education Code;

(B)

the legislature or a legislative agency; or

(C)

the Supreme Court of Texas, Court of Criminal Appeals of Texas, a court of appeals, a state judicial agency, or the State Bar of Texas.

(10)

Vendor--A person who supplies goods or services to a state agency including all successor organizations, assignees and merged entities.

§114.3.Exceptions to Prompt Pay Process.

(a)

This Chapter does not apply to a payment made by a governmental entity, vendor, or subcontractor if:

(1)

there is a bona fide dispute between the political subdivision and a vendor, contractor, subcontractor, or supplier about the goods delivered or the services performed that causes the payment to be late;

(2)

there is a bona fide dispute between a vendor and a subcontractor or between a subcontractor and its supplier about the goods delivered or the services performed that causes the payment to be late;

(3)

the terms of a federal contract, grant, regulation, or statute prevent the governmental entity from making a timely payment with federal funds; or

(4)

the invoice is not mailed to the person to whom it is addressed in strict accordance with any instruction on the purchase order relating to the payment.

(b)

This Chapter does not affect Chapter 2253, Government Code, Public Work Performance and Payment Bonds.

(c)

Notwithstanding subsection (a) of this section, Chapter 2251, Government Code, applies to a payment made by a state agency for gas or water utility service regardless of any contractual provision.

§114.5.Invoicing Standards.

(a)

To receive payment, vendors must submit an invoice to the state agency receiving the goods or services. The invoice must at a minimum include:

(1)

the vendor's mailing and e-mail (if applicable) address;

(2)

the vendor's telephone number;

(3)

the name and telephone number of a person designated by the vendor to answer questions regarding the invoice;

(4)

the state agency requisition number;

(5)

the state agency's full name, agency number, and delivery address;

(6)

the commission's purchase order number, if applicable;

(7)

the contract number or other reference number, if applicable;

(8)

a valid Texas identification number (TIN) issued by the Comptroller of Public Accounts;

(9)

a description of the goods or services, in sufficient detail to identify the order which relates to the invoice;

(10)

unit numbers corresponding to the original order; and

(11)

other relevant information supporting and explaining the payment requested or identifying a successor organization to an original vendor, if necessary.

(b)

When a correct and complete invoice is received, the agency shall date stamp the document and submit it for payment as prescribed by that state comptroller's office and in accordance with the Uniform Statewide Accounting System (USAS) User Manual, certifying that the goods or services were received in accordance with the purchase order and that the invoice is correct and properly payable. Incorrect or incomplete invoices should be immediately returned to the vendor.

(c)

When satisfied that the payment is correct, the commission will approve for payment those vouchers for which pre-auditing is required on the USAS system. Partial payments may be made for partial shipments.

(d)

Invoices, vouchers, and payments will be processed according to the following schedule:

(1)

the originating agency must transmit electronically the voucher to the comptroller no later than 11 calendar days after the later of:

(A)

the date the agency received the invoice from the vendor;

(B)

the date the agency received the supplies, material, or equipment; or

(C)

the date on which the performance of services was completed.

(2)

In accordance with the Government Code, Section 2155.324, the commission must electronically approve the voucher on pre-audit purchases categories exceeding $25,000 for service contracts, emergency purchases, research purchases and all lease payments on the USAS system no later than the eight calendar day after receipt of the invoice and purchase information from the originating agency.

(3)

The state comptroller must submit the payment to the originating agency or mail the payment to the vendor (or electronically transmit the payment to the vendor's financial institution) no more than eight calendar days after receipt of the voucher from the commission pursuant to the Government Code, Section 2155.382.

§114.7.Payments.

(a)

A payment is considered completed on the date it is postmarked mailed or on the date it is electronically transmitted to the vendor's financial institution. This date is used to determine a timely payment.

(b)

Any payment owed by an agency must be mailed or transmitted electronically to the vendor no later than 30 days after the later of:

(1)

the day on which the agency received the goods;

(2)

the date the performance of the service under the contract is completed; or

(3)

the day on which the agency received the invoice for goods or services.

(c)

Payments will accrue interest at the rate of 1.0% per month if not timely made, beginning on the day after payment is due and ending on the date the payment is mailed or electronically transmitted to the vendor. If partial payment is timely made, the unpaid balance of a partial payment will accrue interest as provided by this subsection.

(d)

Pursuant to the Government Code, Section 2251.041, effective until August 31, 1999, a vendor must submit its claim for payment of accrued interest to the originating agency no later than six months after the vendor's receipt of payment. Claims submitted to the originating agency after that time will not be honored.

(e)

Until August 31, 1999, the originating agency shall process claims for accrued interest by submitting the claim and a properly executed voucher directly to the state comptroller in accordance with rules and procedures adopted by the state comptroller.

(f)

Effective September 1, 1999, and pursuant to the Government Code, Section 2251.026, an agency is liable for the interest on overdue payments. The comptroller shall

(1)

compute interest imposed on the agency ;

(2)

pay the interest at the time payment is made on the principal;

(3)

and submit the interest payment with the net amount due for goods and services.

(g)

After September 1, 1999, a vendor shall not be required to petition, bill or wait an additional day to receive the interest due.

(h)

The unpaid balance of a partial payment made within the period provided by this section accrues interest as provided by subsection (c) of this section unless the balance is in dispute.

§114.9.Disputed Payments.

(a)

An agency shall notify a vendor of an error in an invoice submitted for payment by the vendor not later than the 21st day after the date the agency receives the invoice.

(b)

If a dispute is resolved in favor of the vendor, the vendor is entitled to receive interest on the unpaid balance of the invoice submitted by the vendor beginning on the date that the payment for the invoice is overdue.

(c)

If a dispute is resolved in favor of the agency, the vendor shall submit a corrected invoice that must be paid in accordance with §114.7(b) and (c) of this title (relating to Payments). The unpaid balance accrues interest as provided by §114.7(h) of this title if the corrected invoice is not paid by the appropriate date.

§114.11.Delegated Authority.

(a)

The Payment of Goods and Services Committee is hereby established by the commission to provide ongoing prompt payment policy guidance to state agencies and to vendors. The committee will answer questions posed by state agencies and vendors through a web site selected by the committee and by such other means as convenient for the state agencies and vendors.

(b)

The committee will be composed of two employees from the General Services Commission and two employees from the Office of the Comptroller selected by the executive of the respective agency. The initial committee members shall be designated within 30 days of the effective date of these rules and serve for two years.

(c)

The committee will meet at least quarterly and post notice of and hold its meetings in accordance with the Open Meetings Act, Chapter 551, Government Code.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on May 5, 1999.

TRD-9902640

Judy Ponder

General Counsel

General Services Commission

Earliest possible date of adoption: June 20, 1999

For further information, please call: (512) 463-3960