(a) If a department determines that a delinquent obligation may be collectible or if TRS procedures otherwise require, the department shall refer the obligation to the Legal Services Department for recommendation of whether TRS should refer the obligation to the attorney general for collection.
(b) The executive director or his designee shall decide whether to refer a matter to the attorney general for collection. This decision and any referral to the attorney general should be made no later than 90 days after the determination that an obligation owed to TRS is delinquent.
(c) Except as noted in this chapter, TRS will not refer for collection delinquent obligations in which the amount to be recovered would be less than the total sum of expense to TRS and the attorney general for travel, employee time, court costs, and other relevant expenses.
(d) The executive director or his designee may for policy reasons, actuarial reasons, or other good cause refer a delinquent obligation to the attorney general for collection even if the size of the obligation or other considerations generally would cause TRS not to refer the obligation.
(e) In making a determination of whether to refer a delinquent obligation to the attorney general, the executive director or his designee shall consider:
  (1) expense of further collection procedures;
  (2) the size of the delinquent obligation;
  (3) the existence of any security;
  (4) the possibility of collection or satisfaction of the delinquent obligation through other means;
  (5) the likelihood of collection; and
  (6) any other relevant factors established by TRS collections procedures.
(f) When referring a delinquent obligation to the attorney general, TRS shall provide:
  (1) the obligor's verified address and telephone number;
  (2) a statement that the obligation is not uncollectible;
  (3) proof of no more than two demand letters to the obligor at the obligor's verified address; and
  (4) other relevant information relating to the delinquent obligations and TRS's collection efforts.

Source Note: The provisions of this §49.3 adopted to be effective January 4, 1993, 17 TexReg 9037; amended to be effective June 9, 1999, 24 TexReg 4251; amended to be effective March 12, 2003, 28 TexReg 2120; amended to be effective January 1, 2016, 40 TexReg 9731