(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Consultant--A person with which the comptroller has contracted under Government Code, Chapter 2115.
(2) Investment vehicle--Does not include real property.
(3) Overpayment--Has the meaning assigned by Government Code, §2115.001(1).
(4) Recovery audit--An audit performed under Government Code, Chapter 2115, to recover vendor overpayments made by state agencies.
(5) Retiree--An individual who has been granted a retirement benefit under Government Code, Title 8, Subtitle B, C, D, E, or H.
(6) Retirement benefit--Includes a service retirement benefit, a disability retirement benefit, an occupational disability retirement benefit, a nonoccupational disability retirement benefit, and a death benefit paid by or on behalf of a retirement system.
(7) Retirement system--The Employees Retirement System of Texas, the Teacher Retirement System of Texas, the optional retirement program, the Judicial Retirement System of Texas Plan One, the Judicial Retirement System of Texas Plan Two, or the Texas Emergency Services Retirement System.
(8) State agency--Has the meaning assigned by Government Code, §2115.001(2).
(9) State employee--An officer or an employee of a state agency. The term does not include an independent contractor.
(10) USAS--The uniform statewide accounting system.
(11) Vendor payment--Does not include:
(b) Exemption from the recovery audit process. A state agency is exempt from the recovery audit process under Government Code, Chapter 2115, if:
(1) the total amount of the state agency's cash expenditures during the immediately preceding state fiscal biennium was equal to or less than $50 million, as reported to USAS; and
(2) the total amount of the state agency's vendor payments during the immediately preceding state fiscal biennium was less than $40 million, as reported to USAS.
(c) Deposit of amounts recovered. A state agency that recovers money as a result of a recovery audit conducted under Government Code, Chapter 2115, shall deposit the money as required by applicable law.
Source Note: The provisions of this §5.58 adopted to be effective May 2, 2006, 31 TexReg 3587; amended to be effective November 26, 2019, 44 TexReg 7186