1-1  By:  Ellis                                              S.B. No. 20
    1-2        (In the Senate - Filed March 1, 1995; March 2, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  March 9, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 6; March 9, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 20                      By:  West
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to transferring all powers and duties of the state
   1-11  treasurer to the comptroller of public accounts.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Subchapter A, Chapter 404, Government Code, is
   1-14  amended by adding Section 404.0011 to read as follows:
   1-15        Sec. 404.0011.  TRANSFER OF TREASURER'S POWERS AND DUTIES.
   1-16  (a)  The powers and duties of the state treasurer under this
   1-17  chapter or other law are transferred to the comptroller.
   1-18        (b)  A reference in law to the state treasurer is a reference
   1-19  to the comptroller.
   1-20        (c)  If the state treasurer and the comptroller or their
   1-21  respective designees are both ex officio members of a committee or
   1-22  governing body under law, the transfer of the powers and duties
   1-23  under this section does not give the comptroller more than one vote
   1-24  or position on the committee or governing body.  If the state
   1-25  treasurer and the comptroller both have the power to appoint
   1-26  members to a committee under law, the transfer of the powers and
   1-27  duties under this section does not allow the comptroller to
   1-28  exercise the power of appointment given to the treasurer under law
   1-29  in addition to the power of appointment given to the comptroller
   1-30  under law.  If the state treasurer and the comptroller both have
   1-31  the power to appoint members to a governing body under law, the
   1-32  comptroller may exercise the power of appointment given to the
   1-33  treasurer under law in addition to the power of appointment given
   1-34  to the comptroller under law only if the members of the governing
   1-35  body serve six-year terms and the composition of the governing body
   1-36  is subject to Section 30a, Article XVI, Texas Constitution.
   1-37        (d)  The comptroller may contract with a private entity to
   1-38  perform an activity transferred under this section as long as the
   1-39  activity is not solely a sovereign function of the state.
   1-40        SECTION 2.  (a)  The office of state treasurer is abolished
   1-41  on September 1, 1996.  On that date, all powers, duties,
   1-42  obligations, rights, contracts, leases, records, employees, real or
   1-43  personal property, and unspent and unobligated appropriations and
   1-44  other funds of the state treasurer are transferred to the
   1-45  comptroller.  Before that date, the comptroller with the agreement
   1-46  of the state treasurer may transfer any records, employees, or real
   1-47  or personal property of the treasury to the comptroller in
   1-48  preparation for the transfer provided for in this Act.
   1-49        (b)  The abolishment of the office of state treasurer does
   1-50  not affect the validity of a right, privilege, or obligation
   1-51  accrued, a contract or acquisition made, any liability incurred, a
   1-52  permit or license issued, a penalty, forfeiture, or punishment
   1-53  assessed, a rule adopted, a proceeding, investigation, or remedy
   1-54  begun, a decision made, or other action taken by or in connection
   1-55  with the state treasurer.
   1-56        (c)  All rules, policies, procedures, and decisions of the
   1-57  state treasurer are continued in effect as rules, policies,
   1-58  procedures, and decisions of the comptroller until superseded by a
   1-59  rule or other appropriate action of the comptroller.
   1-60        (d)  Any action or proceeding before the state treasurer is
   1-61  transferred without change in status to the comptroller, and the
   1-62  comptroller assumes, without a change in status, the position of
   1-63  the treasurer in any action or proceeding to which the treasurer is
   1-64  a party.
   1-65        SECTION 3.  This Act takes effect September 1, 1996, if the
   1-66  constitutional amendment proposed by the 74th Legislature, Regular
   1-67  Session, 1995, that abolishes the office of state treasurer takes
   1-68  effect.  If that amendment does not take effect, this Act has no
    2-1  effect.
    2-2        SECTION 4.  The importance of this legislation and the
    2-3  crowded condition of the calendars in both houses create an
    2-4  emergency and an imperative public necessity that the
    2-5  constitutional rule requiring bills to be read on three several
    2-6  days in each house be suspended, and this rule is hereby suspended.
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