Authority/Reference(s) Texas Government Code, §403.074
Revision Date November 16, 2012

Policy

A miscellaneous claim is a request for funds/payment owed to a contractor in which appropriations have lapsed. Contractors are allowed to make a request for a miscellaneous claim. This process is submitted and paid through the Texas Comptroller of Public Accounts.

Some common reasons why a miscellaneous claim may be filed with the Comptroller's office are:

  • A DFPS contractor delivered services and has billed after appropriations have expired;
  • A contractor requests that an expired warrant be reissued; or
  • DFPS determines that a payment is owed to a contractor after conducting an audit of its programs.

The Comptroller's office oversees the miscellaneous claim process. Texas Government Code, Section 403.074, requires the Comptroller's office to maintain records that include the amount of each miscellaneous claim paid, the identity of each claimant, the purpose for which each claim was made, and the fund or account against which the claim is to be charged. The Comptroller's office is also required to have each individual claim verified and substantiated by the paying agency and verified by the Office of the Attorney General (OAG) as a legally enforceable obligation of the State of Texas. If the claim involves a voided warrant, the Comptroller's office obtains a report from Treasury Operations to verify the current status of the warrant.

Miscellaneous Claim Process

The contractor completes the form "Application for Payment of Claim Against the State of Texas" and submits the form to the Texas Comptroller of Public Accounts. The completed application must be mailed to:

Texas Comptroller of Public Accounts
Fiscal Management Division
P.O. Box 13528
Austin, TX 78711-3528
ATTN: Miscellaneous Claims Analyst

For questions, contractors may call 1-800-531-5441, ext. 3-4807or 512-463-4807.

DFPS staff does not have the expertise to assist contractors with the submission of a miscellaneous claim; therefore, contractors should contact the Texas Comptroller’s Office for technical assistance and/or questions in completing the form.

Once the Comptroller receives the completed form from the vendor, the form will be sent to DFPS for validation. After receiving approval from DFPS, the Comptroller will send the claim to the Office of the Attorney General (OAG) to have it verified as a legally enforceable obligation of the State of Texas. After receiving approval by the OAG, the Comptroller will pay the claim. This process takes approximately three to four months.

All claims in excess of $50,000 during a biennium are consolidated into a “Miscellaneous Claims Bill” and presented to the Legislative Budget Board (LBB) at the start of the next legislative session.

Once the bill has been approved by the legislature, the Comptroller begins paying claims in September of the new fiscal year.

A claimant has eight years from the date on which the claim arose to file a miscellaneous claim. The OAG will consider any exceptions to this requirement. The eight-year limitations for the most common types of miscellaneous claims are:

  • Void Warrants - the claim expiration date is eight years from the date a warrant was originally issued.
  • Unpaid Bills - the claim expiration date is eight years from the date of delivery of the goods or services.
  • Other claim justified by state contract or state law.

DFPS staff should:

  • Monitor and track contracts for prompt billing and payment; and
  • Inform Legal and the Accounting Department when a contractor will pursue a miscellaneous claim.