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.