1-1  By:  Price (Senate Sponsor - Bivins)                  H.B. No. 1793
    1-2        (In the Senate - Received from the House April 26, 1993;
    1-3  April 27, 1993, read first time and referred to Committee on
    1-4  Finance; May 19, 1993, reported favorably by the following vote:
    1-5  Yeas 13, Nays 0; May 19, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Montford           x                               
    1-9        Turner             x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins             x                               
   1-13        Ellis              x                               
   1-14        Haley              x                               
   1-15        Moncrief           x                               
   1-16        Parker             x                               
   1-17        Ratliff            x                               
   1-18        Sims               x                               
   1-19        Truan              x                               
   1-20        Zaffirini          x                               
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the custodians of securities pledged to secure state
   1-24  funds.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Sections 404.031(f) and (g), Government Code, are
   1-27  amended to read as follows:
   1-28        (f)  Instead of depositing pledged securities with the
   1-29  treasurer, a state depository may deposit pledged securities with
   1-30  the Federal Reserve Bank of Dallas or the Federal Home Loan Bank of
   1-31  Dallas.  The securities shall be held by the bank to secure funds
   1-32  deposited by the treasurer in the state depository pledging the
   1-33  securities.  When the pledged securities are deposited, the bank
   1-34  <Federal Reserve Bank of Dallas> may apply book entry to the
   1-35  securities.  The records of the bank <Federal Reserve Bank of
   1-36  Dallas> shall at all times reflect the name of the state depository
   1-37  depositing the pledged securities, and the bank shall issue an
   1-38  advice of transaction to the treasurer and the state depository
   1-39  pledging the securities.
   1-40        (g)  In this section, "permitted institution" means a Federal
   1-41  Reserve Bank, a Federal Home Loan Bank, a "clearing corporation" as
   1-42  defined by Section 8.102(c), Business & Commerce Code, the Texas
   1-43  Treasury Safekeeping Trust Company, a state depository, and any
   1-44  state or nationally chartered bank or trust company that is
   1-45  controlled by a bank holding company that controls a state
   1-46  depository.  Neither the state depository that pledges the
   1-47  securities nor any bank that is controlled by a bank holding
   1-48  company that controls that state depository may be the permitted
   1-49  institution with respect to the particular securities pledged by
   1-50  that state depository.  A custodian holding in trust securities of
   1-51  a state depository under Subsection (e) may deposit the pledged
   1-52  securities with a permitted institution if the permitted
   1-53  institution is the third party to the transaction.  The securities
   1-54  shall be held by the permitted institution to secure funds
   1-55  deposited by the treasurer in the state depository pledging the
   1-56  securities.  On receipt of the securities, the permitted
   1-57  institution shall immediately issue to the custodian an advice of
   1-58  transaction or other document evidencing the deposit of the
   1-59  securities.  When the pledged securities held by a custodian are
   1-60  deposited, the permitted institution may apply book entry
   1-61  procedures to the securities.  The records of the permitted
   1-62  institution shall at all times reflect the name of the custodian
   1-63  depositing the pledged securities.  The custodian shall immediately
   1-64  issue and deliver to the treasurer controlled trust receipts for
   1-65  the pledged securities.  The trust receipts shall indicate that the
   1-66  custodian has deposited with the permitted institution the pledged
   1-67  securities held in trust for the state depository pledging the
   1-68  securities.  A legal action or proceeding brought by or against the
    2-1  state, arising out of or in connection with the duties of the state
    2-2  depository, the custodian, or other permitted institution under
    2-3  this subchapter must be brought and maintained in state district
    2-4  court in Travis County.  In this section, "control" and "bank
    2-5  holding company" have the meanings assigned by Article 2, Chapter
    2-6  I, The Texas Banking Code (Article 342-102, Vernon's Texas Civil
    2-7  Statutes).
    2-8        SECTION 2.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended,
   2-13  and that this Act take effect and be in force from and after its
   2-14  passage, and it is so enacted.
   2-15                               * * * * *
   2-16                                                         Austin,
   2-17  Texas
   2-18                                                         May 19, 1993
   2-19  Hon. Bob Bullock
   2-20  President of the Senate
   2-21  Sir:
   2-22  We, your Committee on Finance to which was referred H.B. No. 1793,
   2-23  have had the same under consideration, and I am instructed to
   2-24  report it back to the Senate with the recommendation that it do
   2-25  pass and be printed.
   2-26                                                         Montford,
   2-27  Chairman
   2-28                               * * * * *
   2-29                               WITNESSES
   2-30                                                  FOR   AGAINST  ON
   2-31  ___________________________________________________________________
   2-32  Name:  Catherine A. Ghiglieri, Commissioner                    x
   2-33  Representing:  Tx Banking Dept.
   2-34  City:  Austin
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