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.