By:  Turner, B.                                        S.B. No. 384
       73R4748 LJD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the management and control of state finances and
    1-3  generating additional revenue in connection with the unclaimed
    1-4  money fund.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6       ARTICLE 1.  MANAGEMENT AND CONTROL OF CERTAIN STATE FUNDS
    1-7        SECTION 1.01.  Subsections (g) and (h), Section 17, Texas
    1-8  Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
    1-9  amended to read as follows:
   1-10        (g)  Revenue, other than fines, collected under this Act
   1-11  shall be deposited to the credit of the state pharmacy account in
   1-12  the general revenue fund in <constitutes a fund outside> the state
   1-13  treasury.  Expenses <from which the expenses> of administering this
   1-14  Act shall be <are> paid out of the state pharmacy account.  Money
   1-15  in the account <fund> may not be expended except pursuant to
   1-16  specific legislative appropriation in the General Appropriations
   1-17  Act.  <An appropriation is not required for the investment of the
   1-18  fund by the board and for payment of customary fees or charges in
   1-19  connection with the investment.>  Investment income shall be
   1-20  deposited in the account <fund>.  The fines collected under this
   1-21  Act shall be deposited to the credit of the general revenue fund
   1-22  and may not be used for the administration of this Act.  The board
   1-23  shall defray all expenses under this Act from fees provided in this
   1-24  Act, and the State of Texas shall never be liable for the
    2-1  compensation or expenses of any member of the board, or its
    2-2  officers or employees, or any other expenses thereof.  The board's
    2-3  books and records are subject to audit by the state auditor in
    2-4  accordance with Chapter 321, Government Code.
    2-5        (h)  The board may receive and expend funds, in addition to
    2-6  funds collected under Subsection (g) of this section, from parties
    2-7  other than the state in accordance with state law.  Funds received
    2-8  shall be deposited to the credit of the state pharmacy account in
    2-9  the general revenue fund.
   2-10        SECTION 1.02.  Subsection (i), Section 27A, Texas Pharmacy
   2-11  Act (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
   2-12  read as follows:
   2-13        (i)  Funds and surcharges collected under this section shall
   2-14  be deposited in the account <fund> created under Subsection (g) of
   2-15  Section 17 of this Act, and may be used by the board to administer
   2-16  the program authorized by this section, including the provision of
   2-17  initial evaluation and referral services of a qualified health
   2-18  professional to an impaired pharmacist or pharmacy student and to
   2-19  pay the administrative costs incurred by the board in connection
   2-20  with that funding, but not for costs incurred for treatment or
   2-21  rehabilitation subsequent to such initial evaluation and referral
   2-22  services.
   2-23        SECTION 1.03.  Subsection (k), Section 2.09, Medical Practice
   2-24  Act (Article 4495b, Vernon's Texas Civil Statutes), is amended to
   2-25  read as follows:
   2-26        (k)  The board shall establish by rule a reasonable charge
   2-27  for those fees not specifically determined but authorized by this
    3-1  Act.  The board may not waive collection of any fee or penalty.
    3-2  The board shall place all fees received under authority of this
    3-3  Act, not otherwise specified, into the medical licensing fund in
    3-4  the state treasury.  The board is authorized and shall by annual
    3-5  budget determine the manner of handling the funds and the purpose,
    3-6  consistent with this Act, for which the same may be used.  The
    3-7  budgeted expenses authorized by the board shall be paid out of
    3-8  funds received by the board and are not <be> a charge upon the
    3-9  general revenue of the state <nor paid from the general revenue>.
   3-10        SECTION 1.04.  Subchapter B, Medical Practice Act (Article
   3-11  4495b, Vernon's Texas Civil Statutes), is amended by adding Section
   3-12  2.10 to read as follows:
   3-13        Sec. 2.10.  CREATION OF FUNDS.  (a)  The medical licensing
   3-14  fund is created as an account in the general revenue fund.  Unless
   3-15  otherwise provided by this Act, all fees, charges, and penalties,
   3-16  other than registration fees, received by the board shall be
   3-17  deposited in the state treasury to the credit of the medical
   3-18  licensing fund.
   3-19        (b)  The medical registration fund is created as an account
   3-20  in the general revenue fund.  All registration fees received under
   3-21  this Act shall be deposited in the state treasury to the credit of
   3-22  the medical registration fund.
   3-23        SECTION 1.05.  Section 771.051, Health and Safety Code, is
   3-24  amended to read as follows:
   3-25        Sec. 771.051.  Powers and Duties of Advisory Commission.  (a)
   3-26  The advisory commission shall:
   3-27              (1)  administer the implementation of statewide 9-1-1
    4-1  service;
    4-2              (2)  develop minimum performance standards for
    4-3  equipment and operation of 9-1-1 service to be followed in
    4-4  developing regional plans under Section 771.055, including
    4-5  requirements that the plans provide for:
    4-6                    (A)  automatic number identification by which the
    4-7  telephone number of the caller is automatically identified at the
    4-8  public safety answering point receiving the call; and
    4-9                    (B)  other features the commission considers
   4-10  appropriate;
   4-11              (3)  examine and approve or disapprove regional plans
   4-12  as provided by Section 771.056;
   4-13              (4)  recommend minimum training standards and provide
   4-14  assistance in the establishment and operation of 9-1-1 service; and
   4-15              (5)  allocate money to prepare and operate regional
   4-16  plans as provided by Section 771.056.
   4-17        (b)  The advisory commission shall comply with state laws
   4-18  requiring state agencies, boards, or commissions generally to
   4-19  submit appropriations requests to the Legislative Budget Board and
   4-20  the governor and to develop a strategic plan for operations.
   4-21        SECTION 1.06.  Subsection (e), Section 771.072, Health and
   4-22  Safety Code, is amended to read as follows:
   4-23        (e)  The advisory commission shall deposit <manage> the
   4-24  surcharges in an account in the general revenue fund in <outside>
   4-25  the state treasury until they are allocated to regional planning
   4-26  commissions.  From that account, <The advisory commission may
   4-27  retain from the surcharges> the amount necessary for the commission
    5-1  to carry out its duties under this chapter shall be appropriated to
    5-2  the commission.
    5-3        SECTION 1.07.  Section 403.096, Government Code, is amended
    5-4  by adding Subsection (i) to read as follows:
    5-5        (i)  In addition to other information included in its report
    5-6  under this section, the committee shall review funds held outside
    5-7  the state treasury by state agencies and institutions of higher
    5-8  education and make recommendations on the disposition of those
    5-9  funds.  Recommendations to the 74th Legislature shall include an
   5-10  analysis of the use of funds held outside the state treasury and
   5-11  the advisability of moving those funds into the treasury.  As part
   5-12  of the report, the committee should propose guidelines that could
   5-13  be used in determining when funds should be held locally in bank
   5-14  accounts and when funds should be deposited in the state treasury.
   5-15  This subsection expires September 1, 1995.
   5-16        SECTION 1.08.  This article takes effect immediately, except
   5-17  that Sections 1.01, 1.02, 1.03, 1.04, and 1.06 of this article take
   5-18  effect August 31, 1994.
   5-19                 ARTICLE 2.  OFFICE OF DEBT MANAGEMENT
   5-20        SECTION 2.01.  Section 1, Texas Public Finance Authority Act
   5-21  (Article 601d, Vernon's Texas Civil Statutes), is amended to read
   5-22  as follows:
   5-23        Sec. 1.  Short Title.  This Act may be cited as the Texas
   5-24  Debt Management <Public Finance Authority> Act.
   5-25        SECTION 2.02.  Section 1A, Texas Public Finance Authority Act
   5-26  (Article 601d, Vernon's Texas Civil Statutes), is amended to read
   5-27  as follows:
    6-1        Sec. 1A.  Definitions.  In this Act:
    6-2              (1)  "Authority" means the Office of Debt Management
    6-3  <Texas Public Finance Authority>.
    6-4              (2)  "Board" means the governing board of <directors
    6-5  of> the authority.
    6-6              (3)  "Building" means the physical structure used by a
    6-7  state agency to conduct official state business and the major
    6-8  equipment or personal property that is functionally related to the
    6-9  physical structure.
   6-10              (4)  "Commission" means the <State Purchasing and>
   6-11  General Services Commission.
   6-12              (5)  "Computer equipment" means telecommunications
   6-13  devices or systems, automated information systems, the computers on
   6-14  which information systems are automated, and computer software.
   6-15              (6)  "Construction" means the erection, improvement,
   6-16  repair, renovation, and remodeling of a building.
   6-17              (7)  "Equipment" means fixed assets, other than land or
   6-18  buildings, used by a state agency to conduct official state
   6-19  business.  The term includes computer equipment.
   6-20              (8)  "Obligations" means bonds, notes, certificates of
   6-21  participation, certificates of obligation, and interests in
   6-22  contracts.
   6-23              (9)  "State agency" means a board, commission,
   6-24  department, office, agency, institution of higher education, or
   6-25  other governmental entity in the executive, judicial, or
   6-26  legislative branch of state government.
   6-27        SECTION 2.03.  Section 8, Texas Public Finance Authority Act
    7-1  (Article 601d, Vernon's Texas Civil Statutes), is amended to read
    7-2  as follows:
    7-3        Sec. 8.  STAFF; CONSULTANTS; CONTRACTS WITH BOND
    7-4  PROFESSIONALS.  (a)  The board shall employ persons and contract
    7-5  with consultants as necessary for the board to perform its
    7-6  functions.  Employees of the board are considered to be state
    7-7  employees.
    7-8        (b)  The board may contract with bond professionals to
    7-9  perform legal and financial services necessary to issue and sell
   7-10  bonds if the board determines the contracts would be cost
   7-11  effective.  The board may also enter into one-year state contracts
   7-12  with teams of bond professionals.
   7-13        (c)  To achieve certain cost efficiencies, the board shall
   7-14  develop standard criteria for the selection of contracted bond
   7-15  professionals.
   7-16        SECTION 2.04.  Section 9B, Texas Public Finance Authority Act
   7-17  (Article 601d, Vernon's Texas Civil Statutes), is amended to read
   7-18  as follows:
   7-19        Sec. 9B.  Authority to act as issuer.  (a)  With respect to
   7-20  all bonds authorized to be issued by the Texas National Guard
   7-21  Armory Board, Texas National Research Laboratory Commission, Parks
   7-22  and Wildlife Department, and all institutions of higher education
   7-23  authorized to issue bonds under Chapter 55, Education Code, or
   7-24  Article VII, Section 17, of the Texas Constitution, the authority
   7-25  has the exclusive authority to act on behalf of those entities in
   7-26  issuing bonds on their behalf.  In connection with those issuances
   7-27  and with the issuance of refunding bonds on behalf of those
    8-1  entities, the authority is subject to all rights, duties, and
    8-2  conditions surrounding issuance previously applicable to the
    8-3  issuing entity under the statute authorizing the issuance.  All
    8-4  references in an authorizing statute to the entity on whose behalf
    8-5  the bonds are being issued apply equally to the authority in its
    8-6  capacity as issuer on behalf of the entity.
    8-7        (b)  This section does not apply to The University of Texas
    8-8  System, The Texas A&M University System, or a component of those
    8-9  systems, <to an institution of higher education authorized to issue
   8-10  bonds under Article VII, Section 17, of the Texas Constitution,> or
   8-11  to bonds authorized to be issued by any of those systems or<,>
   8-12  components<, or institutions>.
   8-13        (c)  The authority may issue bonds and notes for the benefit
   8-14  of an institution of higher education eligible to issue bonds under
   8-15  Article VII, Section 17, of the Texas Constitution, and pledge
   8-16  money collected from the bonds and notes only as directed by the
   8-17  governing board of the eligible institution.
   8-18        (d)  The board may charge a fee to state agencies and
   8-19  institutions of higher education for services performed under this
   8-20  Act.
   8-21        SECTION 2.05.  Subsections (a) and (c), Section 10A, Texas
   8-22  Public Finance Authority Act (Article 601d, Vernon's Texas Civil
   8-23  Statutes), as added by Chapter 896, Acts of the 71st Legislature,
   8-24  Regular Session, 1989, are amended to read as follows:
   8-25        (a)  Before <When the authority submits its application for>
   8-26  approval of a bond issue, <to> the <bond review> board shall
   8-27  require<,> the agency or institution that will use the project to
    9-1  be financed by the bonds to <shall> submit to the <bond review>
    9-2  board a project analysis of the project.  This section shall not
    9-3  apply to Texas Department of Correction's minor renovation, repair,
    9-4  or construction projects as defined by the department in
    9-5  cooperation with the <State Purchasing and> General Services
    9-6  Commission.
    9-7        (c)  The <bond review> board may not approve the bond issue
    9-8  unless a project analysis is submitted as provided by this section.
    9-9        SECTION 2.06.  Section 10B, Texas Public Finance Authority
   9-10  Act (Article 601d, Vernon's Texas Civil Statutes), is amended to
   9-11  read as follows:
   9-12        Sec. 10B.  REFUNDING OR REFINANCING; RATIFICATION OF CERTAIN
   9-13  PROJECTS <BOND REVIEW BOARD APPROVAL>.  (a)  <The authority may not
   9-14  issue bonds or obligations until the Bond Review Board has approved
   9-15  the issuance under the provisions of Chapter 1078, Acts of the 70th
   9-16  Legislature, Regular Session, 1987 (Article 717k-7, Vernon's Texas
   9-17  Civil Statutes).>  Bonds and obligations issued under this Act <by
   9-18  the authority> may be refunded or refinanced as determined by the
   9-19  board <and approved by the Bond Review Board>.
   9-20        (b)  The projects authorized in Chapter 700, Acts of the 68th
   9-21  Legislature, Regular Session, 1983, are ratified and confirmed.
   9-22        SECTION 2.07.  Section 13, Texas Public Finance Authority Act
   9-23  (Article 601d, Vernon's Texas Civil Statutes), is amended by adding
   9-24  Subsection (c) to read as follows:
   9-25        (c)  This section does not apply to bonds issued by an
   9-26  institution of higher education under Article VII, Section 17, of
   9-27  the Texas Constitution.
   10-1        SECTION 2.08.  Subsection (b), Section 17, Texas Public
   10-2  Finance Authority Act (Article 601d, Vernon's Texas Civil
   10-3  Statutes), is amended to read as follows:
   10-4        (b)  The board may refund its revenue bonds and obligations
   10-5  as provided by the general laws of the state for revenue bonds.
   10-6        SECTION 2.09.  Section 1, Chapter 696, Acts of the 70th
   10-7  Legislature, Regular Session, 1987 (Article 601d-1, Vernon's Texas
   10-8  Civil Statutes), is amended to read as follows:
   10-9        Sec. 1.  Definitions.  In this Act:
  10-10              (1)  "Authority" means the Office of Debt Management
  10-11  <Texas Public Building Authority>.
  10-12              (2)  "Board" or "review <means the board of directors
  10-13  of the authority.>
  10-14              <(3)  "Review> board" means the governing board of the
  10-15  Office of Debt Management <bond review board>.
  10-16        SECTION 2.10.  Subsection (a), Section 2, Chapter 696, Acts
  10-17  of the 70th Legislature, Regular Session, 1987 (Article 601d-1,
  10-18  Vernon's Texas Civil Statutes), is amended to read as follows:
  10-19        (a)  The <bond review> board is composed of:
  10-20              (1)  the governor;
  10-21              (2)  the lieutenant governor;
  10-22              (3)  the speaker of the house of representatives;
  10-23              (4)  the State Treasurer; and
  10-24              (5)  the comptroller of public accounts.
  10-25        SECTION 2.11.  Subsection (g), Section 5, Chapter 696, Acts
  10-26  of the 70th Legislature, Regular Session, 1987 (Article 601d-1,
  10-27  Vernon's Texas Civil Statutes), is amended to read as follows:
   11-1        (g)  Bonds issued under this section are subject to Sections
   11-2  13, 14, 15, and 16, Texas Debt Management <Public Building
   11-3  Authority> Act (Article 601d, Vernon's Texas Civil Statutes).
   11-4        SECTION 2.12.  Section 10, Chapter 696, Acts of the 70th
   11-5  Legislature, Regular Session, 1987 (Article 601d-1, Vernon's Texas
   11-6  Civil Statutes), is amended to read as follows:
   11-7        Sec. 10.  Authorization.  Before the authority may issue and
   11-8  sell bonds under this Act, the legislature by law must have
   11-9  authorized the specific projects in this Act, the General
  11-10  Appropriations Act, or the Texas Debt Management <Public Building
  11-11  Authority> Act (Article 601d, Vernon's Texas Civil Statutes).
  11-12        SECTION 2.13.  Section 1, Chapter 1078, Acts of the 70th
  11-13  Legislature, Regular Session, 1987 (Article 717k-7, Vernon's Texas
  11-14  Civil Statutes), is amended to read as follows:
  11-15        Sec. 1.  Definitions.  In this Act:
  11-16              (1)  "Board" means the governing board of the office
  11-17  <bond review board>.
  11-18              (2)  "Office" means the Office of Debt Management <bond
  11-19  finance office>.
  11-20              (3)  "State bond" means:
  11-21                    (A)  a bond or other obligation issued by:
  11-22                          (i)  a state agency;
  11-23                          (ii)  an entity expressly created by
  11-24  statute and having statewide jurisdiction; or
  11-25                          (iii)  any other entity issuing a bond or
  11-26  other obligation on behalf of the state or on behalf of an entity
  11-27  listed in Paragraph (i) or (ii) of this subdivision; or
   12-1                    (B)  an installment sale or lease-purchase
   12-2  obligation issued by or on behalf of an entity listed in Paragraph
   12-3  (i), (ii), or (iii) of this subdivision that has a stated term of
   12-4  longer than five years or has an initial principal amount of
   12-5  greater than $250,000.
   12-6        SECTION 2.14.  Section 2, Chapter 1078, Acts of the 70th
   12-7  Legislature, Regular Session, 1987 (Article 717k-7, Vernon's Texas
   12-8  Civil Statutes), is amended to read as follows:
   12-9        Sec. 2.  <BOND REVIEW> BOARD MEMBER DESIGNATION.  <(a)  The
  12-10  bond review board is composed of:>
  12-11              <(1)  the governor;>
  12-12              <(2)  the lieutenant governor;>
  12-13              <(3)  the speaker of the house of representatives;>
  12-14              <(4)  the state treasurer; and>
  12-15              <(5)  the comptroller of public accounts.>
  12-16        <(b)>  A member of the board may designate another person to
  12-17  act on the member's behalf.
  12-18        <(c)  The governor is chairman of the board.>
  12-19        <(d)  If the speaker of the house of representatives is not
  12-20  permitted by the Texas Constitution to serve as a voting member of
  12-21  the board, the speaker of the house of representatives serves as a
  12-22  nonvoting member of the board.>
  12-23        SECTION 2.15.  Section 4, Chapter 1078, Acts of the 70th
  12-24  Legislature, Regular Session, 1987 (Article 717k-7, Vernon's Texas
  12-25  Civil Statutes), is amended to read as follows:
  12-26        Sec. 4.  <BOND FINANCE> OFFICE DIRECTOR AND STAFF.  The <bond
  12-27  finance> office is managed by a director appointed by the <bond
   13-1  review> board and a staff selected by the director.  Whenever
   13-2  practical, the office shall make use of the resources of the
   13-3  Legislative Budget Board and the offices of the governor,
   13-4  comptroller, and treasurer.
   13-5        SECTION 2.16.  Subsection (b), Section 8, Chapter 1078, Acts
   13-6  of the 70th Legislature, Regular Session, 1987 (Article 717k-7,
   13-7  Vernon's Texas Civil Statutes), is amended to read as follows:
   13-8        (b)  For purposes of this section, "state debt payable from
   13-9  the general revenue fund" means general obligation and revenue
  13-10  bonds, including authorized but unissued bonds, and lease-purchase
  13-11  agreements in an amount greater than $250,000, which bonds or lease
  13-12  purchase agreements are designed to be repaid with the general
  13-13  revenues of the state.  The term does not include bonds that,
  13-14  although backed by the full faith or credit of the state, are
  13-15  reasonably expected to be paid from other revenue sources and that
  13-16  are not expected to create a general revenue draw.  Bonds or lease
  13-17  purchase agreements that pledge the full faith and credit of the
  13-18  state will be considered to be reasonably expected to be paid from
  13-19  other revenue sources if they are designed to receive revenues
  13-20  other than state general revenues sufficient to cover their debt
  13-21  service over the life of the bonds or agreement.  In the event such
  13-22  bonds or agreement, or any portion thereof, subsequently requires
  13-23  use of the state's general revenue for payment, the bonds or
  13-24  agreement, or such portion thereof, will be considered to be a
  13-25  "state debt payable from the general revenue fund" within the
  13-26  definition of this section, until one of the following events
  13-27  occurs:
   14-1              (1)  the bonds or agreement are backed by insurance or
   14-2  other form of guarantee that will ensure payment from other than
   14-3  general revenue; or
   14-4              (2)  the issuer demonstrates to the satisfaction of the
   14-5  <bond review> board that the bonds will no longer require a general
   14-6  revenue draw, and the <bond review> board so certifies to the
   14-7  Legislative Budget Board.
   14-8        SECTION 2.17.  (a)  Sections 3, 4, 5, 6, 7, 21, 31, and 32,
   14-9  Texas Public Finance Authority Act (Article 601d, Vernon's Texas
  14-10  Civil Statutes), are repealed.
  14-11        (b)  Subsection (b), Section 7, Chapter 1078, Acts of the
  14-12  70th Legislature, Regular Session, 1987 (Article 717k-7, Vernon's
  14-13  Texas Civil Statutes), is repealed.
  14-14        SECTION 2.18.  (a)  A statutory reference to the Texas Public
  14-15  Finance Authority means the Office of Debt Management.  A statutory
  14-16  reference to the board of directors of the Texas Public Finance
  14-17  Authority means the governing board of the Office of Debt
  14-18  Management.
  14-19        (b)  A statutory reference to the Bond Review Board means the
  14-20  governing board of the Office of Debt Management.
  14-21        (c)  A statutory reference to the Texas Public Finance
  14-22  Authority Act (Article 601d, Vernon's Texas Civil Statutes) means
  14-23  the Texas Debt Management Act (Article 601d, Vernon's Texas Civil
  14-24  Statutes).
  14-25        SECTION 2.19.  (a)  On the effective date of this article,
  14-26  all functions of the Texas Public Finance Authority and the Bond
  14-27  Review Board are transferred to the Office of Debt Management.  The
   15-1  Texas Public Finance Authority and the Bond Review Board shall
   15-2  coordinate the transfer of administration to the Office of Debt
   15-3  Management as soon as practicable on or after the effective date of
   15-4  this article.
   15-5        (b)  The transfer required by Subsection (a) of this section
   15-6  includes all assets, obligations, and liabilities of any kind,
   15-7  including all contracts, leases, real or personal property,
   15-8  furniture, computers, and other equipment, files, and related
   15-9  material of the Texas Public Finance Authority or the Bond Review
  15-10  Board.
  15-11        (c)  The staffs of the Texas Public Finance Authority and the
  15-12  Bond Review Board are transferred to the Office of Debt Management.
  15-13        (d)  Appropriations made to the Bond Review Board are
  15-14  transferred to the Office of Debt Management.  Appropriations made
  15-15  to the Texas Public Finance Authority for debt service are
  15-16  transferred to the Office of Debt Management.  The legislature
  15-17  shall appropriate additional amounts as necessary for the office to
  15-18  perform its statutory functions.
  15-19        (e)  Out of the funds allocated to eligible institutions of
  15-20  higher education under Article VII, Section 17, of the Texas
  15-21  Constitution, the comptroller shall transfer to the Office of Debt
  15-22  Management amounts necessary to pay debt service on bonds and notes
  15-23  issued on behalf of the respective institutions.
  15-24        SECTION 2.20.  This article does not rededicate or
  15-25  reestablish a fund or source of funding that has been abolished,
  15-26  merged, or grouped with other funds under Section 403.094,
  15-27  Government Code.
   16-1        SECTION 2.21.  This article takes effect September 1, 1993.
   16-2                   ARTICLE 3.  FUND BALANCES--BONDS
   16-3        SECTION 3.01.  Section 4, Chapter 696, Acts of the 70th
   16-4  Legislature, Regular Session, 1987 (Article 601d-1, Vernon's Texas
   16-5  Civil Statutes), is amended by adding Subsection (f) to read as
   16-6  follows:
   16-7        (f)  The authority shall provide an accurate estimate of
   16-8  interest and sinking fund balances available for payment of debt
   16-9  service on general obligation bonds to the Legislative Budget Board
  16-10  and the Governor's Office of Budget and Planning not later than
  16-11  January 1 of each odd-numbered year.
  16-12        SECTION 3.02.  This article takes effect immediately.
  16-13                   ARTICLE 4.  UNCLAIMED MONEY FUND
  16-14        SECTION 4.01.  Section 74.201, Property Code, is amended by
  16-15  adding Subsection (d) to read as follows:
  16-16        (d)  The State Treasurer may offer for sale space for
  16-17  suitable advertisements in a notice published under this section.
  16-18  Proceeds from the sale of the advertising space shall be used to
  16-19  defray the cost of publishing the notices, with the remaining
  16-20  amount, if any, to be deposited to the credit of the unclaimed
  16-21  money fund.
  16-22        SECTION 4.02.  Section 74.505(c), Property Code, is amended
  16-23  to read as follows:
  16-24        (c)  Costs of publication and postage shall be deducted from
  16-25  the amounts paid under this section, but deductions for any costs
  16-26  of administration or service charges may not be made, except as
  16-27  provided by Section 74.509.
   17-1        SECTION 4.03.  Subchapter F, Chapter 74, Property Code, is
   17-2  amended by adding Section 74.509 to read as follows:
   17-3        Sec. 74.509.  HANDLING FEE FOR PROCESSING UNCLAIMED PROPERTY.
   17-4  The State Treasurer shall charge a person claiming unclaimed
   17-5  property a handling fee if ownership of the property is reinstated
   17-6  and the value of the property is $50 or more.
   17-7        SECTION 4.04.  Section 74.601(d), Property Code, is amended
   17-8  to read as follows:
   17-9        (d)  Notwithstanding Section 404.024, Government Code, the
  17-10  <The> State Treasurer shall from time to time invest the amount in
  17-11  the unclaimed money fund that exceeds $50,000 in investments that
  17-12  persons of ordinary prudence, discretion, and intelligence, in
  17-13  exercising the judgment and care under the circumstances then
  17-14  prevailing, acquire or retain for their own account in the
  17-15  management of their affairs, not in regard to speculation but in
  17-16  regard to the permanent disposition of their funds, considering the
  17-17  probable income as well as the probable safety of their capital
  17-18  <approved by law for the investment of state funds>.
  17-19        SECTION 4.05.  This article takes effect September 1, 1993.
  17-20                         ARTICLE 5.  EMERGENCY
  17-21        SECTION 5.01.  The importance of this legislation and the
  17-22  crowded condition of the calendars in both houses create an
  17-23  emergency and an imperative public necessity that the
  17-24  constitutional rule requiring bills to be read on three several
  17-25  days in each house be suspended, and this rule is hereby suspended,
  17-26  and that this Act take effect and be in force according to its
  17-27  terms, and it is so enacted.