By:  Ellis                                              S.B. No. 20
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to transferring certain powers and duties of the state
    1-2  treasurer to the comptroller of public accounts.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter A, Chapter 404, Government Code, is
    1-5  amended by adding Section 404.0011 to read as follows:
    1-6        Sec. 404.0011.  TRANSFER OF TREASURER'S POWERS AND DUTIES.
    1-7  (a)  The powers and duties of the state treasurer under this
    1-8  chapter or other law are transferred to the comptroller.
    1-9        (b)  A reference in law to the state treasurer is a reference
   1-10  to the comptroller.
   1-11        (c)  If the state treasurer and the comptroller or their
   1-12  respective designees are both ex officio members of a committee or
   1-13  governing body under law, the transfer of the powers and duties
   1-14  under this section does not give the comptroller more than one vote
   1-15  or position on the committee or governing body.  If the state
   1-16  treasurer and the comptroller both have the power to appoint
   1-17  members to a committee under law, the transfer of the powers and
   1-18  duties under this section does not allow the comptroller to
   1-19  exercise the power of appointment given to the treasurer under law
   1-20  in addition to the power of appointment given to the comptroller
   1-21  under law.  If the state treasurer and the comptroller both have
   1-22  the power to appoint members to a governing body under law, the
   1-23  comptroller may exercise the power of appointment given to the
   1-24  treasurer under law in addition to the power of appointment given
    2-1  to the comptroller under law only if the members of the governing
    2-2  body serve six-year terms and the composition of the governing body
    2-3  is subject to Section 30a, Article XVI, Texas Constitution.
    2-4        (d)  The comptroller may contract with a private entity to
    2-5  perform an activity transferred under this section as long as the
    2-6  activity is not solely a sovereign function of the state.
    2-7        SECTION 2.  (a)  The office of state treasurer is abolished
    2-8  on September 1, 1996.  On that date, all powers, duties,
    2-9  obligations, rights, contracts, leases, records, employees, real or
   2-10  personal property, and unspent and unobligated appropriations and
   2-11  other funds of the state treasurer are transferred to the
   2-12  comptroller.  Before that date, the comptroller with the agreement
   2-13  of the state treasurer may transfer any records, employees, or real
   2-14  or personal property of the treasury to the comptroller in
   2-15  preparation for the transfer provided for in this Act.
   2-16        (b)  The abolishment of the office of state treasurer does
   2-17  not affect the validity of a right, privilege, or obligation
   2-18  accrued, a contract or acquisition made, any liability incurred, a
   2-19  permit or license issued, a penalty, forfeiture, or punishment
   2-20  assessed, a rule adopted, a proceeding, investigation, or remedy
   2-21  begun, a decision made, or other action taken by or in connection
   2-22  with the state treasurer.
   2-23        (c)  All rules, policies, procedures, and decisions of the
   2-24  state treasurer are continued in effect as rules, policies,
   2-25  procedures, and decisions of the comptroller until superseded by a
   2-26  rule or other appropriate action of the comptroller.
   2-27        (d)  Any action or proceeding before the state treasurer is
    3-1  transferred without change in status to the comptroller, and the
    3-2  comptroller assumes, without a change in status, the position of
    3-3  the treasurer in any action or proceeding to which the treasurer is
    3-4  a party.
    3-5        SECTION 3.  Notwithstanding Section 404.0011, Government
    3-6  Code, as added by this Act, and Subsection (a) of Section 2 of this
    3-7  Act, management of TexPool, the investment pool for local public
    3-8  funds created under Chapter 791, Government Code, and managed by
    3-9  the state treasury, is transferred to the Employees Retirement
   3-10  System of Texas.
   3-11        SECTION 4.  This Act takes effect September 1, 1996, if the
   3-12  constitutional amendment proposed by the 74th Legislature, Regular
   3-13  Session, 1995, that abolishes the office of state treasurer takes
   3-14  effect.  If that amendment does not take effect, this Act has no
   3-15  effect.
   3-16        SECTION 5.  The importance of this legislation and the
   3-17  crowded condition of the calendars in both houses create an
   3-18  emergency and an imperative public necessity that the
   3-19  constitutional rule requiring bills to be read on three several
   3-20  days in each house be suspended, and this rule is hereby suspended.