Miscellaneous Expenditures — Payments and Fees
Assignments of Payments from the State
Generally, a person may assign the right to receive a payment from the state, just as they would assign the right to receive a payment from a private person.
The notice of assignment must be delivered to the state agency whose payment has been assigned. The Comptroller’s office accepts an assignment notice only for a payment made by the Comptroller’s Fiscal Management Division on behalf of the Comptroller’s office. An assignment notice concerning a payment made by the Fiscal Management Division on behalf of another state agency must be delivered to that agency.
Prohibited payments to assignees
The rules regarding payments to persons indebted to the state also apply to payments made to assignees. See Persons Indebted to the State.
Assignment of child support payments
The Office of the Attorney General (OAG) is the sole assignee of all payments, including payments of compensation, by the state to a person who is indebted to the state because of a child support delinquency. The Comptroller’s office (or a state agency) must make payable and deliver to the OAG any payments for which the OAG is the sole assignee.
Definitions:
- Assign
- To transfer one’s right, interest, or title to property (including a future payment) to someone else.
- Assignee
- The party to whom a right or property is transferred; the party receiving the right to payment.
- Compensation
- Base salary or wages, longevity pay, hazardous duty pay, benefit replacement pay, or an emolument provided in lieu of base salary or wages.
- Person
- An individual, a corporation, an organization, a government or governmental subdivision or agency, a business trust, an estate, a trust, a partnership, an association and any other legal entity.
- State agency
- A board, commission, council, committee, department, office, agency or other governmental entity in the executive, legislative or judicial branch of state government. The term includes an institution of higher education as defined by Texas Education Code Section 61.003, other than a public junior or community college.
Sources [+]
Texas Education Code Sections 57.48(k), 57.482(e); Texas Family Code Section 231.007(a), (c)–(d), (k); Texas Government Code Sections 311.005(2), 403.055, 2107.008.