74R13476 JRD-F
          By Ellis                                                S.B. No. 20
          Substitute the following for S.B. No. 20:
          By Seidlits                                         C.S.S.B. No. 20
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to transferring the 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)  The powers and duties of the state treasurer under this
    1-9  chapter or other law are transferred to the comptroller.
   1-10        (b)  A reference in law to the state treasurer is a reference
   1-11  to the comptroller.
   1-12        (c)  If the state treasurer and the comptroller or their
   1-13  respective designees are both ex officio members of a committee or
   1-14  governing body under law, the transfer of the powers and duties
   1-15  under this section does not give the comptroller more than one vote
   1-16  or position on the committee or governing body.  If the state
   1-17  treasurer and the comptroller both have the power to appoint
   1-18  members to a committee under law, the transfer of the powers and
   1-19  duties under this section does not allow the comptroller to
   1-20  exercise the power of appointment given to the treasurer under law
   1-21  in addition to the power of appointment given to the comptroller
   1-22  under law.  If the state treasurer and the comptroller both have
   1-23  the power to appoint members to a governing body under law, the
   1-24  comptroller may exercise the power of appointment given to the
    2-1  treasurer under law in addition to the power of appointment given
    2-2  to the comptroller under law only if the members of the governing
    2-3  body serve six-year terms and the composition of the governing body
    2-4  is subject to Section 30a, Article XVI, Texas Constitution.
    2-5        (d)  The comptroller may contract with a private entity to
    2-6  perform an activity transferred under this section as long as the
    2-7  activity is not solely a sovereign function of the state.
    2-8        SECTION 2.  (a)  The office of state treasurer is abolished
    2-9  on September 1, 1997.  On that date, all powers, duties,
   2-10  obligations, rights, contracts, leases, records, employees, real or
   2-11  personal property, and unspent and unobligated appropriations and
   2-12  other funds of the state treasurer are transferred to the
   2-13  comptroller.  Before that date, the comptroller with the agreement
   2-14  of the state treasurer may transfer any records, employees, or real
   2-15  or personal property of the treasury to the comptroller in
   2-16  preparation for the transfer provided for in this Act.
   2-17        (b)  The abolishment of the office of state treasurer does
   2-18  not affect the validity of a right, privilege, or obligation
   2-19  accrued, a contract or acquisition made, any liability incurred, a
   2-20  permit or license issued, a penalty, forfeiture, or punishment
   2-21  assessed, a rule adopted, a proceeding, investigation, or remedy
   2-22  begun, a decision made, or other action taken by or in connection
   2-23  with the state treasurer.
   2-24        (c)  All rules, policies, procedures, and decisions of the
   2-25  state treasurer are continued in effect as rules, policies,
   2-26  procedures, and decisions of the comptroller until superseded by a
   2-27  rule or other appropriate action of the comptroller.
    3-1        (d)  Any action or proceeding before the state treasurer is
    3-2  transferred without change in status to the comptroller, and the
    3-3  comptroller assumes, without a change in status, the position of
    3-4  the treasurer in any action or proceeding to which the treasurer is
    3-5  a party.
    3-6        SECTION 3.  This Act takes effect September 1, 1997, if the
    3-7  constitutional amendment proposed by the 74th Legislature, Regular
    3-8  Session, 1995, that abolishes the office of state treasurer takes
    3-9  effect.  If that amendment does not take effect, this Act has no
   3-10  effect.
   3-11        SECTION 4.  The importance of this legislation and the
   3-12  crowded condition of the calendars in both houses create an
   3-13  emergency and an imperative public necessity that the
   3-14  constitutional rule requiring bills to be read on three several
   3-15  days in each house be suspended, and this rule is hereby suspended.