By:  Ellis, et al.                                      S.B. No. 59
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to removal of restrictions on investment of certain funds
    1-2  in businesses doing business in South Africa.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 404.024, Government Code, is amended to
    1-5  read as follows:
    1-6        Sec. 404.024.  Authorized Investments.  (a)  The board may
    1-7  determine and designate the amount of state funds to be deposited
    1-8  in time deposits in state depositories.  The treasurer shall
    1-9  recommend to the board a maximum limit for state funds deposited by
   1-10  the treasurer at approved state depositories.  The percentage of
   1-11  state funds to be deposited in state depositories shall be based on
   1-12  the interest rates available in competing investments, the demand
   1-13  for funds from Texas banks, and the state's liquidity requirements.
   1-14  The treasurer shall provide periodic investment reports to the
   1-15  board.
   1-16        (b)  State funds not deposited in state depositories shall be
   1-17  invested by the treasurer in:
   1-18              (1)  direct security repurchase agreements;
   1-19              (2)  reverse security repurchase agreements;
   1-20              (3)  direct obligations of or obligations the principal
   1-21  and interest of which are guaranteed by the United States;
   1-22              (4)  direct obligations of or obligations guaranteed by
   1-23  agencies or instrumentalities of the United States government;
   1-24              (5)  bankers' acceptances that:
    2-1                    (A)  are eligible for purchase by the Federal
    2-2  Reserve System;
    2-3                    (B)  do not exceed 270 days to maturity; and
    2-4                    (C)  are issued by a bank that has received the
    2-5  highest short-term credit rating by a nationally recognized
    2-6  investment rating firm;
    2-7              (6)  commercial paper that:
    2-8                    (A)  does not exceed 270 days to maturity; and
    2-9                    (B)  except as provided by Subsection (h) <(j)>,
   2-10  has received the highest short-term credit rating by a nationally
   2-11  recognized investment rating firm;
   2-12              (7)  contracts written by the treasury in which the
   2-13  treasury grants the purchaser the right to purchase securities in
   2-14  the treasury's marketable securities portfolio at a specified price
   2-15  over a specified period and for which the treasury is paid a fee
   2-16  and specifically prohibits naked-option or uncovered option
   2-17  trading; <and>
   2-18              (8)  direct obligations of or obligations guaranteed by
   2-19  the Inter-American Development Bank, the International Bank for
   2-20  Reconstruction and Development (the World Bank), the African
   2-21  Development Bank, the Asian Development Bank, and the International
   2-22  Finance Corporation that have received the highest credit rating by
   2-23  a nationally recognized investment rating firm; and
   2-24              (9)  bonds issued, assumed, or guaranteed by the State
   2-25  of Israel.
   2-26        (c)  Investments in direct security repurchase agreements and
   2-27  reverse security repurchase agreements may be made with state or
    3-1  national banks domiciled in this state or with primary dealers as
    3-2  approved by the Federal Reserve System.
    3-3        (d)  The board may contract with a depository for the payment
    3-4  of interest on time or demand deposits at a rate not to exceed a
    3-5  rate that is lawful under an Act of Congress and rules and
    3-6  regulations of the board of governors of the Federal Reserve
    3-7  System, the board of directors of the Federal Deposit Insurance
    3-8  Corporation, the Federal Savings and Loan Insurance Corporation,
    3-9  and the Federal Home Loan Banking Board.
   3-10        (e)  Not more than 20 percent of the aggregate funds on
   3-11  deposit in financial institutions at any time may be in depository
   3-12  institutions other than banks.
   3-13        (f)  The treasurer may invest the gross proceeds from
   3-14  obligations of this state or any agency of this state in:
   3-15              (1)  obligations of a state or an agency, county, city,
   3-16  or other political subdivision of a state; and
   3-17              (2)  mutual funds composed of obligations described by
   3-18  Subdivision (1).
   3-19        (g)  To the extent practicable, the treasurer shall give
   3-20  first consideration to Texas banks when investing in direct
   3-21  security repurchase agreements.
   3-22        (h)  <The treasurer may not use state funds to invest in or
   3-23  purchase obligations of a private corporation or other private
   3-24  business entity doing business in the Republic of South Africa
   3-25  unless the corporation or other entity:>
   3-26              <(1)  has:>
   3-27                    <(A)  adopted the Statement of Principles for
    4-1  South Africa as they existed in 1987, as described in the >þLReport on
    4-2  the Signatory Companies to the Statement of Principles for South
    4-3  Africaää< published by Arthur D. Little, Inc., Cambridge,
    4-4  Massachusetts, and has obtained a performance rating in Category 1
    4-5  or 2 of the Statement of Principles for South Africa rating system
    4-6  as determined by Arthur D. Little, Inc.; or>
    4-7                    <(B)  agreed to the Code of Conduct that is
    4-8  enforced by the United States Department of State under Section
    4-9  208, Comprehensive Anti-Apartheid Act of 1986 (Pub. L. No. 99-440)
   4-10  and has received a rating of "Making Satisfactory Progress"; and>
   4-11              <(2)  does not supply strategic products or services
   4-12  for use by the government, military, or police of the Republic of
   4-13  South Africa.>
   4-14        <(i)  For the purposes of Subsection (h) of this section:>
   4-15              <(1)  "Doing business in the Republic of South Africa"
   4-16  means conducting or performing manufacturing, assembly, or
   4-17  warehousing operations within the Republic of South Africa or, if a
   4-18  bank or other financial institution, lending money to the
   4-19  government of the Republic of South Africa or any of its agencies
   4-20  or instrumentalities.>
   4-21              <(2)  "Strategic products or services" means articles
   4-22  designated as arms, ammunition, or implements of war as provided by
   4-23  22 Code of Federal Regulations Part 121 or data processing
   4-24  equipment or computers sold for military or police use or for use
   4-25  in connection with restrictions on travel within the Republic of
   4-26  South Africa by residents of that country.>
   4-27        <(j)>  The treasurer may not use state funds to invest in or
    5-1  purchase obligations of a private corporation or other private
    5-2  business entity doing business in Northern Ireland unless the
    5-3  corporation or other entity:
    5-4              (1)  adheres to fair employment practices; and
    5-5              (2)  does not discriminate on the basis of race, color,
    5-6  religion, sex, national origin, or disability.
    5-7        (i) <(k)>  Notwithstanding Subsection (b)(6)(B) <(a)(6)(B)>,
    5-8  the treasurer may purchase commercial paper with a rating lower
    5-9  than the rating required by that subsection to provide liquidity
   5-10  for commercial paper issued by the treasurer or an agency of the
   5-11  state.
   5-12        SECTION 2.  Section 161.173, Natural Resources Code, is
   5-13  amended to read as follows:
   5-14        Sec. 161.173.  INVESTMENT OF MONEY IN FUND.  (a)  Money
   5-15  <Except as limited by Subsection (b) of this section, money> in the
   5-16  fund that is not immediately committed to paying principal of and
   5-17  interest on the bonds, to the purchase of land, or to the payment
   5-18  of expenses as provided in this chapter may be invested in:
   5-19              (1)  direct security repurchase agreements and reverse
   5-20  security repurchase agreements made with state or national banks
   5-21  domiciled in this state or with primary dealers as approved by the
   5-22  Federal Reserve System;
   5-23              (2)  direct obligations of or obligations the principal
   5-24  and interest of which are guaranteed by the United States;
   5-25              (3)  direct obligations of or obligations guaranteed by
   5-26  the Federal Home Loan Banks, the Federal National Mortgage
   5-27  Association, the Federal Farm Credit System, the Student Loan
    6-1  Marketing Association, the Federal Home Loan Mortgage Corporation,
    6-2  or a successor organization to one of those organizations;
    6-3              (4)  bankers' acceptances that:
    6-4                    (A)  are eligible for purchase by members of the
    6-5  Federal Reserve System;
    6-6                    (B)  do not exceed 270 days to maturity; and
    6-7                    (C)  are issued by a bank that has received the
    6-8  highest short-term credit rating by a nationally recognized
    6-9  investment rating firm;
   6-10              (5)  commercial paper that:
   6-11                    (A)  does not exceed 270 days to maturity; and
   6-12                    (B)  has received the highest short-term credit
   6-13  rating by a nationally recognized investment rating firm;
   6-14              (6)  contracts written by the board in which the board
   6-15  grants the purchaser the right to purchase securities in the
   6-16  board's marketable securities portfolio at a specified price over a
   6-17  specified period and for which the board is paid a fee and
   6-18  specifically prohibits naked-option or uncovered option trading;
   6-19              (7)  obligations of a state or an agency, county, city,
   6-20  or other political subdivision of a state and mutual funds composed
   6-21  of these obligations;
   6-22              (8)  an investment instrument, obligation, or other
   6-23  evidence of indebtedness the payment of which is directly or
   6-24  indirectly guaranteed by the full faith and credit of the United
   6-25  States;
   6-26              (9)  an investment, account, depository receipt, or
   6-27  deposit that is fully:
    7-1                    (A)  insured by the Federal Deposit Insurance
    7-2  Corporation, the Federal Savings and Loan Insurance Corporation, or
    7-3  a successor organization to one of those organizations; or
    7-4                    (B)  secured by securities described by
    7-5  Subdivision (2), (3), or (8) of this subsection;
    7-6              (10)  a collateralized mortgage obligation fully
    7-7  secured by securities or mortgages issued or guaranteed by the
    7-8  Government National Mortgage Association (GNMA) or any entity
    7-9  described by Subdivision (3) of this subsection;
   7-10              (11)  a security or evidence of indebtedness issued by
   7-11  the Farm Credit System Financial Assistance Corporation, the
   7-12  Private Export Funding Corporation, or the Export-Import Bank; and
   7-13              (12)  any other investment authorized for investment of
   7-14  state funds by the treasurer under Section 404.024, Government
   7-15  Code.
   7-16        (b)  <The board may not invest in or purchase obligations of
   7-17  a private corporation or other private business entity doing
   7-18  business in the Republic of South Africa unless the corporation or
   7-19  other entity:>
   7-20              <(1)  has:>
   7-21                    <(A)  adopted the Statement of Principles for
   7-22  South Africa as they existed in 1987, as described in the Report on
   7-23  the Signatory Companies to the Statement of Principles for South
   7-24  Africa published by Arthur D. Little, Inc., Cambridge,
   7-25  Massachusetts, and has obtained a performance rating in Category 1
   7-26  or 2 of the Statement of Principles for South Africa rating system
   7-27  as determined by Arthur D. Little, Inc.; or>
    8-1                    <(B)  agreed to the Code of Conduct that is
    8-2  enforced by the United States Department of State under Section
    8-3  208, Comprehensive Anti-Apartheid Act of 1986 (Pub. L. No. 99-440)
    8-4  and has received a rating of "Making Satisfactory Progress"; and>
    8-5              <(2)  does not supply strategic products or services
    8-6  for use by the government, military, or police of the Republic of
    8-7  South Africa.>
    8-8        <(c)>  In this section:
    8-9              (1)  "Direct security repurchase agreement" means an
   8-10  agreement under which the board buys, holds for a specified time,
   8-11  and then sells back any of the following securities, obligations,
   8-12  or participation certificates:
   8-13                    (A)  United States government securities;
   8-14                    (B)  direct obligations of or obligations the
   8-15  principal and interest of which are guaranteed by the United
   8-16  States;
   8-17                    (C)  direct obligations of or obligations
   8-18  guaranteed by the Federal Home Loan Banks, the Federal National
   8-19  Mortgage Association, the Federal Farm Credit System, the Student
   8-20  Loan Marketing Association, the Federal Home Loan Mortgage
   8-21  Corporation, or a successor organization to one of those
   8-22  organizations; or
   8-23                    (D)  any other investment instrument, obligation,
   8-24  or other evidence of indebtedness the payment of which is directly
   8-25  or indirectly guaranteed by the full faith and credit of the United
   8-26  States.
   8-27              (2)  <"Doing business in the Republic of South Africa"
    9-1  means conducting or performing manufacturing, assembly, or
    9-2  warehousing operations within the Republic of South Africa and for
    9-3  a bank or other financial institution, lending money to the
    9-4  government of the Republic of South Africa or any of its agencies
    9-5  or instrumentalities.>
    9-6              <(3)>  "Market value" means the fair and reasonable
    9-7  prevailing price at which a security is being sold on the open
    9-8  market at the time of the appraisement of the security by the
    9-9  board.
   9-10              (3) <(4)>  "Reverse security repurchase agreement"
   9-11  means an agreement under which the board sells and after a
   9-12  specified time buys back any of the securities, obligations, or
   9-13  participation certificates listed in Paragraphs (A) through (D) of
   9-14  Subdivision (1) of this subsection.
   9-15              <(5)  "Strategic products or services" means articles
   9-16  designated as arms, ammunition, or implements of war as provided by
   9-17  22 Code of Federal Regulations Part 121 or data processing
   9-18  equipment or computers sold for military or police use or for use
   9-19  in connection with restriction on travel within the Republic of
   9-20  South Africa by residents of that country.>
   9-21        SECTION 3.  Section 59.016, Agriculture Code, is amended to
   9-22  read as follows:
   9-23        Sec. 59.016.  INVESTMENTS.  (a)  The authority shall give
   9-24  timely instruction to the board of the dates on which principal on
   9-25  bonds matures and interest becomes payable.  The board shall
   9-26  administer the fund accordingly.
   9-27        (b)  Money <Except as provided by Subsection (c) of this
   10-1  section, money> in the fund that is not immediately committed to
   10-2  paying principal of and interest on the bonds or to paying expenses
   10-3  as provided by Section 59.015 of this code may be invested by the
   10-4  board in:
   10-5              (1)  a direct security repurchase agreement or reverse
   10-6  security repurchase agreement made with a state or national bank
   10-7  domiciled in this state or with a primary dealer approved by the
   10-8  federal reserve system;
   10-9              (2)  a direct obligation of or obligation the principal
  10-10  and interest of which are guaranteed by the United States
  10-11  government;
  10-12              (3)  a direct obligation of or obligation guaranteed by
  10-13  the Federal Home Loan Banks, the Federal National Mortgage
  10-14  Association, the Federal Farm Credit System, the Student Loan
  10-15  Marketing Association, the Federal Home Loan Mortgage Corporation,
  10-16  or a successor to one of those organizations;
  10-17              (4)  a bankers' acceptance that:
  10-18                    (A)  is eligible for purchase by a member of the
  10-19  federal reserve system;
  10-20                    (B)  matures in 270 days or less; and
  10-21                    (C)  is issued by a bank that has received the
  10-22  highest short-term credit rating by a nationally recognized
  10-23  investment rating firm;
  10-24              (5)  commercial paper that:
  10-25                    (A)  matures in 270 days or less; and
  10-26                    (B)  has received the highest short-term credit
  10-27  rating by a nationally recognized investment rating firm;
   11-1              (6)  a contract that is written by the board in which
   11-2  the board grants the purchaser the right to purchase securities in
   11-3  the board's marketable securities portfolio at a specified price
   11-4  over a specified period and for which the board is paid a fee and
   11-5  that specifically prohibits naked-option or uncovered option
   11-6  trading;
   11-7              (7)  an obligation of a state or of an agency, county,
   11-8  city, or other political subdivision of a state or a mutual fund
   11-9  composed of those obligations;
  11-10              (8)  an investment instrument, obligation, or other
  11-11  evidence of indebtedness the payment of which is directly or
  11-12  indirectly guaranteed by the full faith and credit of the United
  11-13  States government;
  11-14              (9)  an investment, account, depository receipt, or
  11-15  deposit that is fully:
  11-16                    (A)  insured by the Federal Deposit Insurance
  11-17  Corporation or a successor to that organization; or
  11-18                    (B)  secured by a security described by
  11-19  Subdivision (2), (3), or (8) of this subsection;
  11-20              (10)  a collateralized mortgage obligation fully
  11-21  secured by securities or mortgages issued or guaranteed by the
  11-22  Government National Mortgage Association (GNMA) or any entity
  11-23  identified by Subdivision (3) of this subsection;
  11-24              (11)  a security or evidence of indebtedness issued by
  11-25  the Farm Credit System Financial Assistance Corporation, the
  11-26  Private Export Funding Corporation, or the Export-Import Bank; and
  11-27              (12)  any other investment authorized for investment of
   12-1  state funds by the state treasurer under Section 404.024,
   12-2  Government Code.
   12-3        (c)  <The board may not invest in or purchase obligations of
   12-4  a private corporation or other private business entity doing
   12-5  business in the Republic of South Africa unless the corporation or
   12-6  other entity:>
   12-7              <(1)  has:>
   12-8                    <(A)  adopted the Statement of Principles for
   12-9  South Africa as they existed in 1987, as described in the >þLReport on
  12-10  the Signatory Companies to the Statement of Principles for South
  12-11  Africaää< published by Arthur D. Little, Inc., Cambridge,
  12-12  Massachusetts, and has obtained a performance rating in Category 1
  12-13  or 2 of the Statement of Principles for South Africa rating system
  12-14  as determined by Arthur D. Little, Inc.; or>
  12-15                    <(B)  agreed to the Code of Conduct that is
  12-16  enforced by the United States Department of State under Section
  12-17  208, Comprehensive Anti-Apartheid Act of 1986 (Pub. L. No. 99-440)
  12-18  and has received a rating of "Making Satisfactory Progress"; and>
  12-19              <(2)  does not supply strategic products or services
  12-20  for use by the government, military, or police of the Republic of
  12-21  South Africa.>
  12-22        <(d)>  In this section:
  12-23              (1)  "Direct security repurchase agreement" means an
  12-24  agreement under which the board buys, holds for a specified time,
  12-25  and then sells back any of the following securities, obligations,
  12-26  or participation certificates:
  12-27                    (A)  a United States government security;
   13-1                    (B)  a direct obligation of or an obligation the
   13-2  principal and interest of which are guaranteed by the United States
   13-3  government;
   13-4                    (C)  a direct obligation of or an obligation
   13-5  guaranteed by the Federal Home Loan Banks, the Federal National
   13-6  Mortgage Association, the Federal Farm Credit System, the Student
   13-7  Loan Marketing Association, the Federal Home Loan Mortgage
   13-8  Corporation, or a successor to one of those organizations; or
   13-9                    (D)  any other investment instrument, obligation,
  13-10  or other evidence of indebtedness the payment of which is directly
  13-11  or indirectly guaranteed by the full faith and credit of the United
  13-12  States government.
  13-13              (2)  <"Doing business in the Republic of South Africa"
  13-14  means conducting or performing manufacturing, assembly, or
  13-15  warehousing operations in the Republic of South Africa or, in the
  13-16  case of a bank or other financial institution, lending money to the
  13-17  government of the Republic of South Africa or any of its agencies
  13-18  or instrumentalities.>
  13-19              <(3)>  "Market value" means the fair and reasonable
  13-20  prevailing price at which a security is being sold on the open
  13-21  market at the time of the appraisement of the security by the
  13-22  board.
  13-23              (3) <(4)>  "Reverse security repurchase agreement"
  13-24  means an agreement under which the board sells and after a
  13-25  specified time buys back any of the securities, obligations, or
  13-26  participation certificates listed by Subdivision (1) of this
  13-27  subsection.
   14-1              <(5)  "Strategic products or services" means articles
   14-2  designated as arms, ammunition, or implements of war as provided by
   14-3  22 C.F.R. Part 121 or data processing equipment or computers sold
   14-4  for military or police use or for use in connection with
   14-5  restriction on travel in the Republic of South Africa by residents
   14-6  of that country.>
   14-7        SECTION 4.  Section 27, Texas Local Fire Fighters Retirement
   14-8  Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to
   14-9  read as follows:
  14-10        Sec. 27.  INVESTMENT OF ASSETS.  (a)  A board of trustees
  14-11  established under this Act shall keep a sufficient amount of cash
  14-12  on hand to make payments as they become due under the retirement
  14-13  system.  If a board determines that the fund of its retirement
  14-14  system contains an amount in excess of the amount needed to make
  14-15  payments as they become due, the board may invest any portion of
  14-16  the excess in:
  14-17              (1)  bonds or other interest-bearing obligations and
  14-18  securities of the United States, the state, or a political
  14-19  subdivision of the state;
  14-20              (2)  shares and share accounts of savings and loan
  14-21  associations to the extent that the shares and share accounts are
  14-22  insured by the Federal Savings and Loan Insurance Corporation;
  14-23              (3)  first-lien real estate mortgage securities insured
  14-24  by the Federal Housing Administration;
  14-25              (4)  bonds of companies incorporated within the United
  14-26  States;
  14-27              (5)  common and preferred stocks of companies
   15-1  incorporated within the United States that, unless the stocks are
   15-2  bank or insurance stocks, are listed on an exchange registered with
   15-3  the Securities and Exchange Commission or its successor;
   15-4              (6)  guaranteed investment contracts offered by
   15-5  insurance companies;
   15-6              (7)  money market funds;
   15-7              (8)  mutual funds and other pooled funds;
   15-8              (9)  international stocks traded as American depository
   15-9  receipts; and
  15-10              (10)  over-the-counter stocks.
  15-11        (b)  In making investments for a retirement system, its board
  15-12  of trustees shall exercise the judgment and care, under the
  15-13  circumstances prevailing at the time of the investment, that
  15-14  persons of ordinary prudence, discretion, and intelligence exercise
  15-15  in the management of their own affairs, not in speculation but when
  15-16  making a permanent disposition of their funds, considering the
  15-17  probable income from the disposition and the probable safety of
  15-18  their capital.
  15-19        (c)  At any particular time, not more than 60 percent of the
  15-20  book value of the assets of a fund may be invested in corporate
  15-21  stocks.  A board of trustees established under this Act may not
  15-22  invest in the stock or bonds of one corporation more than five
  15-23  percent of the book value of the assets of a fund.  A retirement
  15-24  system may not own more than five percent of the voting stock of
  15-25  one corporation.
  15-26        (d)  <After August 31, 1991, a board of trustees established
  15-27  under this Act may not acquire an investment in a bank or other
   16-1  financial institution that directly or through a subsidiary has a
   16-2  loan outstanding to the government of the Republic of South Africa
   16-3  or to an instrumentality of that government.>
   16-4        <(e)>  A board of trustees established under this Act shall
   16-5  adopt a written investment policy stating how assets of the
   16-6  retirement system that it administers may be invested.
   16-7        SECTION 5.  The importance of this legislation and the
   16-8  crowded condition of the calendars in both houses create an
   16-9  emergency and an imperative public necessity that the
  16-10  constitutional rule requiring bills to be read on three several
  16-11  days in each house be suspended, and this rule is hereby suspended,
  16-12  and that this Act take effect and be in force from and after its
  16-13  passage, and it is so enacted.