By Siebert                                            H.J.R. No. 15
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment abolishing the office of state
    1-2  treasurer.
    1-3        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The following temporary provision is added to the
    1-5  Texas Constitution:
    1-6        TEMPORARY PROVISION.  (a)  This temporary provision applies
    1-7  to the constitutional amendment proposed by the 74th Legislature,
    1-8  Regular Session, 1995, abolishing the constitutional office of
    1-9  state treasurer.
   1-10        (b)  The constitutional office of state treasurer is
   1-11  abolished.  However, the office and the constitutional and
   1-12  statutory powers of the office are continued in effect for a period
   1-13  of time provided by law, and the transfer of specific powers and
   1-14  duties to the comptroller of public accounts under this amendment
   1-15  takes effect as provided by that law.  The legislature by law shall
   1-16  provide for the orderly transfer of the powers, duties, property,
   1-17  and obligations of the state treasurer to other officers and
   1-18  agencies and shall provide for the date on which the constitutional
   1-19  office of state treasurer is finally abolished, which date must be
   1-20  on or before the date on which this section expires.
   1-21        (c)  This temporary provision expires January 1, 2004.
   1-22        SECTION 2.  Article III, Section 49-e, of the Texas
   1-23  Constitution is amended to read as follows:
    2-1        Sec. 49-e.  The Parks and Wildlife Department, or its
    2-2  successor vested with the powers, duties, and authority which deals
    2-3  with the operation, maintenance, and improvement of State Parks,
    2-4  shall have the authority to provide for, issue and sell general
    2-5  obligation bonds of the State of Texas in an amount not to exceed
    2-6  Seventy-Five Million Dollars ($75,000,000).  The bonds authorized
    2-7  herein shall be called "Texas Park Development Bonds," shall be
    2-8  executed in such form, denominations, and upon such terms as may be
    2-9  prescribed by law, provided, however, that the bonds shall bear a
   2-10  rate or rates of interest as may be fixed by the Parks and Wildlife
   2-11  Department or its successor, but the weighted average annual
   2-12  interest rate, as that phrase is commonly and ordinarily used and
   2-13  understood in the municipal bond market, of all the bonds issued
   2-14  and sold in any installment of any bonds, shall not exceed four and
   2-15  one-half percent (4 1/2 %) interest per annum; they may be issued
   2-16  in such installments as said Parks and Wildlife Department, or its
   2-17  said successor, finds feasible and practical in accomplishing the
   2-18  purpose set forth herein.
   2-19        All moneys received from the sale of said bonds shall be
   2-20  deposited in a fund hereby created with the Comptroller of Public
   2-21  Accounts of the State of Texas <State Treasurer> to be known as the
   2-22  Texas Park Development Fund to be administered (without further
   2-23  appropriation) by the said Parks and Wildlife Department, or its
   2-24  said successor, in such manner as prescribed by law.
   2-25        Such fund shall be used by said Parks and Wildlife
    3-1  Department, or its said successor, under such provisions as the
    3-2  Legislature may prescribe by general law, for the purposes of
    3-3  acquiring lands from the United States, or any governmental agency
    3-4  thereof, from any governmental agency of the State of Texas, or
    3-5  from any person, firm, or corporation, for State Park Sites and for
    3-6  developing said sites as State Parks.
    3-7        While any of the bonds authorized by this provision, or any
    3-8  interest on any such bonds, is outstanding and unpaid, there is
    3-9  hereby appropriated out of the first moneys coming into the
   3-10  Treasury in each fiscal year, not otherwise appropriated by this
   3-11  Constitution, an amount which is sufficient to pay the principal
   3-12  and interest on such bonds that mature or become due during such
   3-13  fiscal year, less the amount in the interest and sinking fund at
   3-14  the close of the prior fiscal year, which includes any receipts
   3-15  derived during the prior fiscal year by said Parks and Wildlife
   3-16  Department, or its said successor, from admission charges to State
   3-17  Parks, as the Legislature may prescribe by general law.
   3-18        The Legislature may provide for the investment of moneys
   3-19  available in the Texas Park Development Fund and the interest and
   3-20  sinking fund established for the payment of bonds issued by said
   3-21  Parks and Wildlife Department, or its said successor.  Income from
   3-22  such investment shall be used for the purposes prescribed by the
   3-23  Legislature.
   3-24        From the moneys received by said Parks and Wildlife
   3-25  Department, or its said successor, from the sale of the bonds
    4-1  issued hereunder, there shall be deposited in the interest and
    4-2  sinking fund for the bonds authorized by this section sufficient
    4-3  moneys to pay the interest to become due during the State fiscal
    4-4  year in which the bonds were issued.  After all bonds have been
    4-5  fully paid with interest, or after there are on deposit in the
    4-6  interest and sinking fund sufficient moneys to pay all future
    4-7  maturities of principal and interest, additional moneys received
    4-8  from admission charges to State Parks shall be deposited to the
    4-9  State Parks Fund, or any successor fund which may be established by
   4-10  the Legislature as a depository for Park revenue earned by said
   4-11  Parks and Wildlife Department, or its said successor.
   4-12        All bonds issued hereunder shall after approval by the
   4-13  Attorney General, registration by the Comptroller of Public
   4-14  Accounts of the State of Texas, and delivery to the purchasers, be
   4-15  incontestable and shall constitute general obligations of the State
   4-16  of Texas under the Constitution of Texas.
   4-17        Should the Legislature enact enabling laws in anticipation of
   4-18  the adoption of this amendment, such Acts shall not be void by
   4-19  reason of their anticipatory nature.
   4-20        SECTION 3.  Article III, Section 49-f, Subsection (b), of the
   4-21  Texas Constitution is amended to read as follows:
   4-22        (b)  All money received from the sale of the bonds shall be
   4-23  deposited in a fund created with the comptroller of public accounts
   4-24  <state treasurer> to be known as the farm and ranch finance program
   4-25  fund.  This fund shall be administered by the Veterans' Land Board
    5-1  in the manner prescribed by law.
    5-2        SECTION 4.  Article III, Section 49-g, Subsections (i) and
    5-3  (j), of the Texas Constitution, as proposed by H.J.R. No. 2, 70th
    5-4  Legislature, Regular Session, 1987, are amended to read as follows:
    5-5        (i)  The comptroller <state treasurer> shall credit to
    5-6  general revenue interest due to the economic stabilization fund
    5-7  that would result in an amount in the economic stabilization fund
    5-8  that exceeds the limit in effect under Subsection (g) of this
    5-9  section.
   5-10        (j)  The comptroller<, with the consent of the state
   5-11  treasurer,> may transfer money from the economic stabilization fund
   5-12  to general revenue to prevent or eliminate a temporary cash
   5-13  deficiency in general revenue.  The comptroller shall return the
   5-14  amount transferred to the economic stabilization fund as soon as
   5-15  practicable, but not later than August 31 of each odd-numbered
   5-16  year.  The comptroller <state treasurer> shall allocate the
   5-17  depository interest as if the transfers had not been made.  If the
   5-18  comptroller submits a statement to the governor and the legislature
   5-19  under Article III, Section 49a, of this constitution when money
   5-20  from the economic stabilization fund is in general revenue, the
   5-21  comptroller shall state that the transferred money is not available
   5-22  for appropriation from general revenue.
   5-23        SECTION 5.  Article III, Section 50c, Subsection (b), of the
   5-24  Texas Constitution is amended to read as follows:
   5-25        (b)  All money received from the sale of Farm and Ranch Loan
    6-1  Security Bonds shall be deposited in a fund hereby created with the
    6-2  comptroller of public accounts <State Treasurer> to be known as the
    6-3  "Farm and Ranch Loan Security Fund."  This fund shall be
    6-4  administered without further appropriation by the commissioner of
    6-5  agriculture in the manner prescribed by law.
    6-6        SECTION 6.  Article III, Section 61, of the Texas
    6-7  Constitution, as proposed by S.J.R. No.  5, 53rd Legislature,
    6-8  Regular Session, 1953, is amended to read as follows:
    6-9        Sec. 61.  The Legislature shall not fix the salary of the
   6-10  Governor, Attorney General, Comptroller of Public Accounts, <the
   6-11  Treasurer,> Commissioner of the General Land Office or Secretary of
   6-12  State at a sum less than that fixed for such officials in the
   6-13  Constitution on January 1, 1953.
   6-14        SECTION 7.  Article IV, Section 1, of the Texas Constitution
   6-15  is amended to read as follows:
   6-16        Sec. 1.  The Executive Department of the State shall consist
   6-17  of a Governor, who shall be the Chief Executive Officer of the
   6-18  State, a Lieutenant Governor, Secretary of State, Comptroller of
   6-19  Public Accounts, <Treasurer,> Commissioner of the General Land
   6-20  Office, and Attorney General.
   6-21        SECTION 8.  Article IV, Section 23, of the Texas Constitution
   6-22  is amended to read as follows:
   6-23        Sec. 23.  The Comptroller of Public Accounts, <the
   6-24  Treasurer,> the Commissioner of the General Land Office, and any
   6-25  statutory State officer who is elected by the electorate of Texas
    7-1  at large, unless a term of office is otherwise specifically
    7-2  provided in this Constitution, shall each hold office for the term
    7-3  of four years and until his successor is qualified.  The four-year
    7-4  term applies to these officers who are elected at the general
    7-5  election in 1974 or thereafter.  Each shall receive an annual
    7-6  salary in an amount to be fixed by the Legislature; reside at the
    7-7  Capital of the State during his continuance in office, and perform
    7-8  such duties as are or may be required by law.  They and the
    7-9  Secretary of State shall not receive to their own use any fees,
   7-10  costs or perquisites of office.  All fees that may be payable by
   7-11  law for any service performed by any officer specified in this
   7-12  section or in his office, shall be paid, when received, into the
   7-13  State Treasury.
   7-14        SECTION 9.  Article VII, Section 4, of the Texas Constitution
   7-15  is amended to read as follows:
   7-16        Sec. 4.  The lands herein set apart to the Public Free School
   7-17  fund, shall be sold under such regulations, at such times, and on
   7-18  such terms as may be prescribed by law; and the Legislature shall
   7-19  not have power to grant any relief to purchasers thereof.  The
   7-20  proceeds of such sales must be used to acquire other land for the
   7-21  Public Free School fund as provided by law or the proceeds shall be
   7-22  invested by the comptroller of public accounts <treasurer>, as may
   7-23  be directed by the Board of Education herein provided for, in the
   7-24  bonds of the United States, the State of Texas, or counties in said
   7-25  State, or in such other securities, and under such restrictions as
    8-1  may be prescribed by law; and the State shall be responsible for
    8-2  all investments.
    8-3        SECTION 10.  Article VII, Section 11b, of the Texas
    8-4  Constitution is amended to read as follows:
    8-5        Sec. 11b.  Notwithstanding any other provision of this
    8-6  constitution, in managing the assets of the permanent university
    8-7  fund, the Board of Regents of The University of Texas System may
    8-8  acquire, exchange, sell, supervise, manage, or retain, through
    8-9  procedures and subject to restrictions it establishes and in
   8-10  amounts it considers appropriate, any kind of investment, including
   8-11  investments in the Texas growth fund created by Article XVI,
   8-12  Section 70, of this constitution, that persons of ordinary
   8-13  prudence, discretion, and intelligence, exercising the judgment and
   8-14  care under the circumstances then prevailing, acquire or retain for
   8-15  their own account in the management of their affairs, not in regard
   8-16  to speculation but in regard to the permanent disposition of their
   8-17  funds, considering the probable income as well as the probable
   8-18  safety of their capital.  This section does not affect the <state
   8-19  treasurer's> custodial responsibilities of the comptroller of
   8-20  public accounts for public funds, securities, and other evidences
   8-21  of investment.
   8-22        SECTION 11.  Article VII, Section 17, Subsection (l), of the
   8-23  Texas Constitution is amended to read as follows:
   8-24        (l)  This section is self-enacting upon the issuance of the
   8-25  governor's proclamation declaring the adoption of the amendment,
    9-1  and the state comptroller of public accounts <and the state
    9-2  treasurer> shall do all things necessary to effectuate this
    9-3  section.  This section does not impair any obligation created by
    9-4  the issuance of any bonds and notes in accordance with prior law,
    9-5  and all outstanding bonds and notes shall be paid in full, both
    9-6  principal and interest, in accordance with their terms.  If the
    9-7  provisions of this section conflict with any other provisions of
    9-8  this constitution, then the provisions of this section shall
    9-9  prevail, notwithstanding all such conflicting provisions.
   9-10        SECTION 12.  Article VII, Section 18, Subsection (j), of the
   9-11  Texas Constitution is amended to read as follows:
   9-12        (j)  This section is self-enacting on the issuance of the
   9-13  governor's proclamation declaring the adoption of this amendment,
   9-14  and the state comptroller of public accounts <and the state
   9-15  treasurer> shall do all things necessary to effectuate this
   9-16  section.  This section does not impair any obligation created by
   9-17  the issuance of bonds or notes in accordance with prior law, and
   9-18  all outstanding bonds and notes shall be paid in full, both
   9-19  principal and interest, in accordance with their terms, and the
   9-20  changes herein made in the allocation of the available university
   9-21  fund shall not affect the pledges thereof made in connection with
   9-22  such bonds or notes heretofore issued.  If the provisions of this
   9-23  section conflict with any other provision of this constitution,
   9-24  then the provisions of this section shall prevail, notwithstanding
   9-25  any such conflicting provisions.
   10-1        SECTION 13.  Article XV, Section 2, of the Texas Constitution
   10-2  is amended to read as follows:
   10-3        Sec. 2.  Impeachment of the Governor, Lieutenant Governor,
   10-4  Attorney General, <Treasurer,> Commissioner of the General Land
   10-5  Office, Comptroller and the Judges of the Supreme Court, Court of
   10-6  Appeals and District Court shall be tried by the Senate.
   10-7        SECTION 14.  Article XVI, Section 70, Subsections (h) and
   10-8  (q), of the Texas Constitution are amended to read as follows:
   10-9        (h)  The board of trustees shall establish and operate the
  10-10  fund to the extent practical under the generally accepted business
  10-11  procedures relating to a mutual fund and shall value the
  10-12  investments for determining the purchase or sales price of
  10-13  participating shares of investing funds or systems participating in
  10-14  the fund consistent with investment contracts.  Evidences of
  10-15  participation in the fund shall be held by the comptroller of
  10-16  public accounts <state treasurer> in keeping with the custodial
  10-17  responsibilities of that office.
  10-18        (q)  This section is self-executing and takes effect on its
  10-19  adoption by the voters.  All state officials named in this
  10-20  section<, the state treasurer,> and the comptroller of public
  10-21  accounts shall take all necessary actions for the implementation of
  10-22  this section.  The legislature shall provide by law for full
  10-23  disclosure of all details concerning investments authorized by this
  10-24  section.
  10-25        SECTION 15.  This proposed constitutional amendment shall be
   11-1  submitted to the voters at an election to be held November 7, 1995.
   11-2  The ballot shall be printed to provide for voting for or against
   11-3  the proposition:  "The constitutional amendment abolishing the
   11-4  office of state treasurer."