By Siebert                                             H.B. No. 364
       74R130 JRD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to transferring all powers and duties of the state
    1-3  treasurer to the comptroller of public accounts.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter A, Chapter 404, Government Code, is
    1-6  amended by adding Section 404.0011 to read as follows:
    1-7        Sec. 404.0011.  TRANSFER OF TREASURER'S POWERS AND DUTIES.
    1-8  (a)  All powers and duties of the state treasurer under this
    1-9  chapter or other law are transferred to the comptroller.
   1-10        (b)  Any reference in law to the state treasurer is a
   1-11  reference to the comptroller.
   1-12        SECTION 2.  (a)  The office of state treasurer is abolished
   1-13  on January 1, 1996.  On that date, all powers, duties, obligations,
   1-14  rights, contracts, records, employees, property, and unspent and
   1-15  unobligated appropriations and other funds of the state treasurer
   1-16  are transferred to the comptroller.
   1-17        (b)  The abolishment of the office of state treasurer does
   1-18  not affect the validity of a right, privilege, or obligation
   1-19  accrued, a contract or acquisition made, any liability incurred, a
   1-20  permit or license issued, a penalty, forfeiture, or punishment
   1-21  assessed, a rule adopted, a proceeding, investigation, or remedy
   1-22  begun, a decision made, or other action taken by or in connection
   1-23  with the state treasurer.
   1-24        (c)  All rules, policies, procedures, and decisions of the
    2-1  state treasurer are continued in effect as rules, policies,
    2-2  procedures, and decisions of the comptroller until superseded by a
    2-3  rule or other appropriate action of the comptroller.
    2-4        (d)  Any action or proceeding before the state treasurer is
    2-5  transferred without change in status to the comptroller, and the
    2-6  comptroller assumes, without a change in status, the position of
    2-7  the treasurer in any action or proceeding to which the treasurer is
    2-8  a party.
    2-9        SECTION 3.  This Act takes effect on January 1, 1996, if the
   2-10  constitutional amendment proposed by the 74th Legislature, Regular
   2-11  Session, 1995, that abolishes the office of state treasurer takes
   2-12  effect.  If that amendment does not take effect, this Act has no
   2-13  effect.
   2-14        SECTION 4.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended.