By Patterson, Marchant H.B. No. 1579
74R5829 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reports to the bond review board of investments of the
1-3 state and of local government investment pools and investment
1-4 services provided by the bond review board.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 2256, Government Code, is amended by
1-7 adding Subchapter D to read as follows:
1-8 SUBCHAPTER D. BOND REVIEW BOARD MONITORING
1-9 Sec. 2256.121. DEFINITIONS. In this subchapter:
1-10 (1) "Bond review board" means the bond review board
1-11 created under Chapter 1078, Acts of the 70th Legislature, Regular
1-12 Session, 1987 (Article 717k-7, Vernon's Texas Civil Statutes).
1-13 (2) "Institution of higher education" has the meaning
1-14 assigned by Section 61.003, Education Code.
1-15 (3) "Public funds investment pool" means a pool
1-16 created under Chapter 791.
1-17 (4) "Public retirement system" has the meaning
1-18 assigned by Section 802.001.
1-19 (5) "State agency" means a board, commission,
1-20 department, office, or other agency in the executive, judicial, or
1-21 legislative branch of state government.
1-22 Sec. 2256.122. APPLICABILITY. This subchapter applies only
1-23 to the investment of public funds by:
1-24 (1) the state treasurer;
2-1 (2) a state agency;
2-2 (3) a public retirement system;
2-3 (4) an institution of higher education; or
2-4 (5) a public funds investment pool.
2-5 Sec. 2256.123. BOND REVIEW BOARD RULES. The bond review
2-6 board shall adopt rules to administer this subchapter.
2-7 Sec. 2256.124. REPORT TO BOND REVIEW BOARD. Each subject
2-8 entity shall at least quarterly report the details of its
2-9 investments and investment policies to the bond review board.
2-10 Sec. 2256.125. BOARD REVIEW OF INVESTMENTS. (a) The bond
2-11 review board shall review the investment practices and policies of
2-12 each subject entity. In its review the board shall consider
2-13 whether the investments yield an acceptable rate of return and
2-14 whether the risks the investments are subject to are reasonable for
2-15 a public entity.
2-16 (b) The board shall determine whether an entity is:
2-17 (1) exercising prudent business judgment in its
2-18 investments; and
2-19 (2) investing funds in compliance with the entity's
2-20 investment policies and constitutional and statutory provisions
2-21 governing the entity's investments.
2-22 (c) The board shall notify the entity, the legislature, and
2-23 the governor of any investments the board considers not authorized
2-24 or not prudent.
2-25 Sec. 2256.126. DEVELOPMENT OF INVESTMENT POLICIES. On
2-26 request of a subject entity, the bond review board shall assist the
2-27 entity in developing an investment policy for the entity.
3-1 Sec. 2256.127. CONTINUING EDUCATION. The bond review board
3-2 shall coordinate and assist governing bodies of subject entities
3-3 and public investment pools in continuing education training in
3-4 investment controls, associated risks, and potential liability for
3-5 the entities.
3-6 Sec. 2256.128. INVESTMENT ADVISORS AND SERVICES. The bond
3-7 review board shall assist governing bodies of subject entities in
3-8 securing, selecting, and monitoring outside investment advisors and
3-9 investment services.
3-10 Sec. 2256.129. ATTORNEY GENERAL INVESTIGATION. (a) The
3-11 bond review board shall report to the attorney general any
3-12 irregularity the board discovers in the investments of a subject
3-13 entity.
3-14 (b) The attorney general shall investigate investment
3-15 irregularities reported under this section.
3-16 Sec. 2256.130. REPORT TO LEGISLATURE. The bond review board
3-17 shall report to the legislature any statutory changes it considers
3-18 necessary because of the board's investment recommendations to
3-19 subject entities.
3-20 Sec. 2256.131. STAFF. The bond review board may employ
3-21 staff to perform the duties required by this subchapter.
3-22 SECTION 2. This Act takes effect September 1, 1995. The
3-23 provisions of Subchapter D, Chapter 2256, Government Code, as added
3-24 by this Act, relating to bond review board review of investment
3-25 practices apply regardless of whether the investments were made
3-26 before, on, or after that date.
3-27 SECTION 3. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended.