1-1  By:  Ellis                                              S.B. No. 59
    1-2        (In the Senate - Filed November 15, 1994; January 11, 1995,
    1-3  read first time and referred to Committee on International
    1-4  Relations, Trade, and Technology; January 25, 1995, reported
    1-5  favorably by the following vote:  Yeas 8, Nays 0; January 25, 1995,
    1-6  sent to printer.)
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to removal of restrictions on investment of certain funds
   1-10  in businesses doing business in South Africa.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Section 404.024, Government Code, is amended to
   1-13  read as follows:
   1-14        Sec. 404.024.  Authorized Investments.  (a)  The board may
   1-15  determine and designate the amount of state funds to be deposited
   1-16  in time deposits in state depositories.  The treasurer shall
   1-17  recommend to the board a maximum limit for state funds deposited by
   1-18  the treasurer at approved state depositories.  The percentage of
   1-19  state funds to be deposited in state depositories shall be based on
   1-20  the interest rates available in competing investments, the demand
   1-21  for funds from Texas banks, and the state's liquidity requirements.
   1-22  The treasurer shall provide periodic investment reports to the
   1-23  board.
   1-24        (b)  State funds not deposited in state depositories shall be
   1-25  invested by the treasurer in:
   1-26              (1)  direct security repurchase agreements;
   1-27              (2)  reverse security repurchase agreements;
   1-28              (3)  direct obligations of or obligations the principal
   1-29  and interest of which are guaranteed by the United States;
   1-30              (4)  direct obligations of or obligations guaranteed by
   1-31  agencies or instrumentalities of the United States government;
   1-32              (5)  bankers' acceptances that:
   1-33                    (A)  are eligible for purchase by the Federal
   1-34  Reserve System;
   1-35                    (B)  do not exceed 270 days to maturity; and
   1-36                    (C)  are issued by a bank that has received the
   1-37  highest short-term credit rating by a nationally recognized
   1-38  investment rating firm;
   1-39              (6)  commercial paper that:
   1-40                    (A)  does not exceed 270 days to maturity; and
   1-41                    (B)  except as provided by Subsection (h) <(j)>,
   1-42  has received the highest short-term credit rating by a nationally
   1-43  recognized investment rating firm;
   1-44              (7)  contracts written by the treasury in which the
   1-45  treasury grants the purchaser the right to purchase securities in
   1-46  the treasury's marketable securities portfolio at a specified price
   1-47  over a specified period and for which the treasury is paid a fee
   1-48  and specifically prohibits naked-option or uncovered option
   1-49  trading; <and>
   1-50              (8)  direct obligations of or obligations guaranteed by
   1-51  the Inter-American Development Bank, the International Bank for
   1-52  Reconstruction and Development (the World Bank), the African
   1-53  Development Bank, the Asian Development Bank, and the International
   1-54  Finance Corporation that have received the highest credit rating by
   1-55  a nationally recognized investment rating firm; and
   1-56              (9)  bonds issued, assumed, or guaranteed by the State
   1-57  of Israel.
   1-58        (c)  Investments in direct security repurchase agreements and
   1-59  reverse security repurchase agreements may be made with state or
   1-60  national banks domiciled in this state or with primary dealers as
   1-61  approved by the Federal Reserve System.
   1-62        (d)  The board may contract with a depository for the payment
   1-63  of interest on time or demand deposits at a rate not to exceed a
   1-64  rate that is lawful under an Act of Congress and rules and
   1-65  regulations of the board of governors of the Federal Reserve
   1-66  System, the board of directors of the Federal Deposit Insurance
   1-67  Corporation, the Federal Savings and Loan Insurance Corporation,
   1-68  and the Federal Home Loan Banking Board.
    2-1        (e)  Not more than 20 percent of the aggregate funds on
    2-2  deposit in financial institutions at any time may be in depository
    2-3  institutions other than banks.
    2-4        (f)  The treasurer may invest the gross proceeds from
    2-5  obligations of this state or any agency of this state in:
    2-6              (1)  obligations of a state or an agency, county, city,
    2-7  or other political subdivision of a state; and
    2-8              (2)  mutual funds composed of obligations described by
    2-9  Subdivision (1).
   2-10        (g)  To the extent practicable, the treasurer shall give
   2-11  first consideration to Texas banks when investing in direct
   2-12  security repurchase agreements.
   2-13        (h)  <The treasurer may not use state funds to invest in or
   2-14  purchase obligations of a private corporation or other private
   2-15  business entity doing business in the Republic of South Africa
   2-16  unless the corporation or other entity:>
   2-17              <(1)  has:>
   2-18                    <(A)  adopted the Statement of Principles for
   2-19  South Africa as they existed in 1987, as described in the >þLReport on
   2-20  the Signatory Companies to the Statement of Principles for South
   2-21  Africaää< published by Arthur D. Little, Inc., Cambridge,
   2-22  Massachusetts, and has obtained a performance rating in Category 1
   2-23  or 2 of the Statement of Principles for South Africa rating system
   2-24  as determined by Arthur D. Little, Inc.; or>
   2-25                    <(B)  agreed to the Code of Conduct that is
   2-26  enforced by the United States Department of State under Section
   2-27  208, Comprehensive Anti-Apartheid Act of 1986 (Pub. L. No. 99-440)
   2-28  and has received a rating of "Making Satisfactory Progress"; and>
   2-29              <(2)  does not supply strategic products or services
   2-30  for use by the government, military, or police of the Republic of
   2-31  South Africa.>
   2-32        <(i)  For the purposes of Subsection (h) of this section:>
   2-33              <(1)  "Doing business in the Republic of South Africa"
   2-34  means conducting or performing manufacturing, assembly, or
   2-35  warehousing operations within the Republic of South Africa or, if a
   2-36  bank or other financial institution, lending money to the
   2-37  government of the Republic of South Africa or any of its agencies
   2-38  or instrumentalities.>
   2-39              <(2)  "Strategic products or services" means articles
   2-40  designated as arms, ammunition, or implements of war as provided by
   2-41  22 Code of Federal Regulations Part 121 or data processing
   2-42  equipment or computers sold for military or police use or for use
   2-43  in connection with restrictions on travel within the Republic of
   2-44  South Africa by residents of that country.>
   2-45        <(j)>  The treasurer may not use state funds to invest in or
   2-46  purchase obligations of a private corporation or other private
   2-47  business entity doing business in Northern Ireland unless the
   2-48  corporation or other entity:
   2-49              (1)  adheres to fair employment practices; and
   2-50              (2)  does not discriminate on the basis of race, color,
   2-51  religion, sex, national origin, or disability.
   2-52        (i) <(k)>  Notwithstanding Subsection (b)(6)(B) <(a)(6)(B)>,
   2-53  the treasurer may purchase commercial paper with a rating lower
   2-54  than the rating required by that subsection to provide liquidity
   2-55  for commercial paper issued by the treasurer or an agency of the
   2-56  state.
   2-57        SECTION 2.  Section 161.173, Natural Resources Code, is
   2-58  amended to read as follows:
   2-59        Sec. 161.173.  INVESTMENT OF MONEY IN FUND.  (a)  Money
   2-60  <Except as limited by Subsection (b) of this section, money> in the
   2-61  fund that is not immediately committed to paying principal of and
   2-62  interest on the bonds, to the purchase of land, or to the payment
   2-63  of expenses as provided in this chapter may be invested in:
   2-64              (1)  direct security repurchase agreements and reverse
   2-65  security repurchase agreements made with state or national banks
   2-66  domiciled in this state or with primary dealers as approved by the
   2-67  Federal Reserve System;
   2-68              (2)  direct obligations of or obligations the principal
   2-69  and interest of which are guaranteed by the United States;
   2-70              (3)  direct obligations of or obligations guaranteed by
    3-1  the Federal Home Loan Banks, the Federal National Mortgage
    3-2  Association, the Federal Farm Credit System, the Student Loan
    3-3  Marketing Association, the Federal Home Loan Mortgage Corporation,
    3-4  or a successor organization to one of those organizations;
    3-5              (4)  bankers' acceptances that:
    3-6                    (A)  are eligible for purchase by members of the
    3-7  Federal Reserve System;
    3-8                    (B)  do not exceed 270 days to maturity; and
    3-9                    (C)  are issued by a bank that has received the
   3-10  highest short-term credit rating by a nationally recognized
   3-11  investment rating firm;
   3-12              (5)  commercial paper that:
   3-13                    (A)  does not exceed 270 days to maturity; and
   3-14                    (B)  has received the highest short-term credit
   3-15  rating by a nationally recognized investment rating firm;
   3-16              (6)  contracts written by the board in which the board
   3-17  grants the purchaser the right to purchase securities in the
   3-18  board's marketable securities portfolio at a specified price over a
   3-19  specified period and for which the board is paid a fee and
   3-20  specifically prohibits naked-option or uncovered option trading;
   3-21              (7)  obligations of a state or an agency, county, city,
   3-22  or other political subdivision of a state and mutual funds composed
   3-23  of these obligations;
   3-24              (8)  an investment instrument, obligation, or other
   3-25  evidence of indebtedness the payment of which is directly or
   3-26  indirectly guaranteed by the full faith and credit of the United
   3-27  States;
   3-28              (9)  an investment, account, depository receipt, or
   3-29  deposit that is fully:
   3-30                    (A)  insured by the Federal Deposit Insurance
   3-31  Corporation, the Federal Savings and Loan Insurance Corporation, or
   3-32  a successor organization to one of those organizations; or
   3-33                    (B)  secured by securities described by
   3-34  Subdivision (2), (3), or (8) of this subsection;
   3-35              (10)  a collateralized mortgage obligation fully
   3-36  secured by securities or mortgages issued or guaranteed by the
   3-37  Government National Mortgage Association (GNMA) or any entity
   3-38  described by Subdivision (3) of this subsection;
   3-39              (11)  a security or evidence of indebtedness issued by
   3-40  the Farm Credit System Financial Assistance Corporation, the
   3-41  Private Export Funding Corporation, or the Export-Import Bank; and
   3-42              (12)  any other investment authorized for investment of
   3-43  state funds by the treasurer under Section 404.024, Government
   3-44  Code.
   3-45        (b)  <The board may not invest in or purchase obligations of
   3-46  a private corporation or other private business entity doing
   3-47  business in the Republic of South Africa unless the corporation or
   3-48  other entity:>
   3-49              <(1)  has:>
   3-50                    <(A)  adopted the Statement of Principles for
   3-51  South Africa as they existed in 1987, as described in the Report on
   3-52  the Signatory Companies to the Statement of Principles for South
   3-53  Africa published by Arthur D. Little, Inc., Cambridge,
   3-54  Massachusetts, and has obtained a performance rating in Category 1
   3-55  or 2 of the Statement of Principles for South Africa rating system
   3-56  as determined by Arthur D. Little, Inc.; or>
   3-57                    <(B)  agreed to the Code of Conduct that is
   3-58  enforced by the United States Department of State under Section
   3-59  208, Comprehensive Anti-Apartheid Act of 1986 (Pub. L. No. 99-440)
   3-60  and has received a rating of "Making Satisfactory Progress"; and>
   3-61              <(2)  does not supply strategic products or services
   3-62  for use by the government, military, or police of the Republic of
   3-63  South Africa.>
   3-64        <(c)>  In this section:
   3-65              (1)  "Direct security repurchase agreement" means an
   3-66  agreement under which the board buys, holds for a specified time,
   3-67  and then sells back any of the following securities, obligations,
   3-68  or participation certificates:
   3-69                    (A)  United States government securities;
   3-70                    (B)  direct obligations of or obligations the
    4-1  principal and interest of which are guaranteed by the United
    4-2  States;
    4-3                    (C)  direct obligations of or obligations
    4-4  guaranteed by the Federal Home Loan Banks, the Federal National
    4-5  Mortgage Association, the Federal Farm Credit System, the Student
    4-6  Loan Marketing Association, the Federal Home Loan Mortgage
    4-7  Corporation, or a successor organization to one of those
    4-8  organizations; or
    4-9                    (D)  any other investment instrument, obligation,
   4-10  or other evidence of indebtedness the payment of which is directly
   4-11  or indirectly guaranteed by the full faith and credit of the United
   4-12  States.
   4-13              (2)  <"Doing business in the Republic of South Africa"
   4-14  means conducting or performing manufacturing, assembly, or
   4-15  warehousing operations within the Republic of South Africa and for
   4-16  a bank or other financial institution, lending money to the
   4-17  government of the Republic of South Africa or any of its agencies
   4-18  or instrumentalities.>
   4-19              <(3)>  "Market value" means the fair and reasonable
   4-20  prevailing price at which a security is being sold on the open
   4-21  market at the time of the appraisement of the security by the
   4-22  board.
   4-23              (3) <(4)>  "Reverse security repurchase agreement"
   4-24  means an agreement under which the board sells and after a
   4-25  specified time buys back any of the securities, obligations, or
   4-26  participation certificates listed in Paragraphs (A) through (D) of
   4-27  Subdivision (1) of this subsection.
   4-28              <(5)  "Strategic products or services" means articles
   4-29  designated as arms, ammunition, or implements of war as provided by
   4-30  22 Code of Federal Regulations Part 121 or data processing
   4-31  equipment or computers sold for military or police use or for use
   4-32  in connection with restriction on travel within the Republic of
   4-33  South Africa by residents of that country.>
   4-34        SECTION 3.  Section 59.016, Agriculture Code, is amended to
   4-35  read as follows:
   4-36        Sec. 59.016.  INVESTMENTS.  (a)  The authority shall give
   4-37  timely instruction to the board of the dates on which principal on
   4-38  bonds matures and interest becomes payable.  The board shall
   4-39  administer the fund accordingly.
   4-40        (b)  Money <Except as provided by Subsection (c) of this
   4-41  section, money> in the fund that is not immediately committed to
   4-42  paying principal of and interest on the bonds or to paying expenses
   4-43  as provided by Section 59.015 of this code may be invested by the
   4-44  board in:
   4-45              (1)  a direct security repurchase agreement or reverse
   4-46  security repurchase agreement made with a state or national bank
   4-47  domiciled in this state or with a primary dealer approved by the
   4-48  federal reserve system;
   4-49              (2)  a direct obligation of or obligation the principal
   4-50  and interest of which are guaranteed by the United States
   4-51  government;
   4-52              (3)  a direct obligation of or obligation guaranteed by
   4-53  the Federal Home Loan Banks, the Federal National Mortgage
   4-54  Association, the Federal Farm Credit System, the Student Loan
   4-55  Marketing Association, the Federal Home Loan Mortgage Corporation,
   4-56  or a successor to one of those organizations;
   4-57              (4)  a bankers' acceptance that:
   4-58                    (A)  is eligible for purchase by a member of the
   4-59  federal reserve system;
   4-60                    (B)  matures in 270 days or less; and
   4-61                    (C)  is issued by a bank that has received the
   4-62  highest short-term credit rating by a nationally recognized
   4-63  investment rating firm;
   4-64              (5)  commercial paper that:
   4-65                    (A)  matures in 270 days or less; and
   4-66                    (B)  has received the highest short-term credit
   4-67  rating by a nationally recognized investment rating firm;
   4-68              (6)  a contract that is written by the board in which
   4-69  the board grants the purchaser the right to purchase securities in
   4-70  the board's marketable securities portfolio at a specified price
    5-1  over a specified period and for which the board is paid a fee and
    5-2  that specifically prohibits naked-option or uncovered option
    5-3  trading;
    5-4              (7)  an obligation of a state or of an agency, county,
    5-5  city, or other political subdivision of a state or a mutual fund
    5-6  composed of those obligations;
    5-7              (8)  an investment instrument, obligation, or other
    5-8  evidence of indebtedness the payment of which is directly or
    5-9  indirectly guaranteed by the full faith and credit of the United
   5-10  States government;
   5-11              (9)  an investment, account, depository receipt, or
   5-12  deposit that is fully:
   5-13                    (A)  insured by the Federal Deposit Insurance
   5-14  Corporation or a successor to that organization; or
   5-15                    (B)  secured by a security described by
   5-16  Subdivision (2), (3), or (8) of this subsection;
   5-17              (10)  a collateralized mortgage obligation fully
   5-18  secured by securities or mortgages issued or guaranteed by the
   5-19  Government National Mortgage Association (GNMA) or any entity
   5-20  identified by Subdivision (3) of this subsection;
   5-21              (11)  a security or evidence of indebtedness issued by
   5-22  the Farm Credit System Financial Assistance Corporation, the
   5-23  Private Export Funding Corporation, or the Export-Import Bank; and
   5-24              (12)  any other investment authorized for investment of
   5-25  state funds by the state treasurer under Section 404.024,
   5-26  Government Code.
   5-27        (c)  <The board may not invest in or purchase obligations of
   5-28  a private corporation or other private business entity doing
   5-29  business in the Republic of South Africa unless the corporation or
   5-30  other entity:>
   5-31              <(1)  has:>
   5-32                    <(A)  adopted the Statement of Principles for
   5-33  South Africa as they existed in 1987, as described in the >þLReport on
   5-34  the Signatory Companies to the Statement of Principles for South
   5-35  Africaää< published by Arthur D. Little, Inc., Cambridge,
   5-36  Massachusetts, and has obtained a performance rating in Category 1
   5-37  or 2 of the Statement of Principles for South Africa rating system
   5-38  as determined by Arthur D. Little, Inc.; or>
   5-39                    <(B)  agreed to the Code of Conduct that is
   5-40  enforced by the United States Department of State under Section
   5-41  208, Comprehensive Anti-Apartheid Act of 1986 (Pub. L. No. 99-440)
   5-42  and has received a rating of "Making Satisfactory Progress"; and>
   5-43              <(2)  does not supply strategic products or services
   5-44  for use by the government, military, or police of the Republic of
   5-45  South Africa.>
   5-46        <(d)>  In this section:
   5-47              (1)  "Direct security repurchase agreement" means an
   5-48  agreement under which the board buys, holds for a specified time,
   5-49  and then sells back any of the following securities, obligations,
   5-50  or participation certificates:
   5-51                    (A)  a United States government security;
   5-52                    (B)  a direct obligation of or an obligation the
   5-53  principal and interest of which are guaranteed by the United States
   5-54  government;
   5-55                    (C)  a direct obligation of or an obligation
   5-56  guaranteed by the Federal Home Loan Banks, the Federal National
   5-57  Mortgage Association, the Federal Farm Credit System, the Student
   5-58  Loan Marketing Association, the Federal Home Loan Mortgage
   5-59  Corporation, or a successor to one of those organizations; or
   5-60                    (D)  any other investment instrument, obligation,
   5-61  or other evidence of indebtedness the payment of which is directly
   5-62  or indirectly guaranteed by the full faith and credit of the United
   5-63  States government.
   5-64              (2)  <"Doing business in the Republic of South Africa"
   5-65  means conducting or performing manufacturing, assembly, or
   5-66  warehousing operations in the Republic of South Africa or, in the
   5-67  case of a bank or other financial institution, lending money to the
   5-68  government of the Republic of South Africa or any of its agencies
   5-69  or instrumentalities.>
   5-70              <(3)>  "Market value" means the fair and reasonable
    6-1  prevailing price at which a security is being sold on the open
    6-2  market at the time of the appraisement of the security by the
    6-3  board.
    6-4              (3) <(4)>  "Reverse security repurchase agreement"
    6-5  means an agreement under which the board sells and after a
    6-6  specified time buys back any of the securities, obligations, or
    6-7  participation certificates listed by Subdivision (1) of this
    6-8  subsection.
    6-9              <(5)  "Strategic products or services" means articles
   6-10  designated as arms, ammunition, or implements of war as provided by
   6-11  22 C.F.R. Part 121 or data processing equipment or computers sold
   6-12  for military or police use or for use in connection with
   6-13  restriction on travel in the Republic of South Africa by residents
   6-14  of that country.>
   6-15        SECTION 4.  Section 27, Texas Local Fire Fighters Retirement
   6-16  Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to
   6-17  read as follows:
   6-18        Sec. 27.  INVESTMENT OF ASSETS.  (a)  A board of trustees
   6-19  established under this Act shall keep a sufficient amount of cash
   6-20  on hand to make payments as they become due under the retirement
   6-21  system.  If a board determines that the fund of its retirement
   6-22  system contains an amount in excess of the amount needed to make
   6-23  payments as they become due, the board may invest any portion of
   6-24  the excess in:
   6-25              (1)  bonds or other interest-bearing obligations and
   6-26  securities of the United States, the state, or a political
   6-27  subdivision of the state;
   6-28              (2)  shares and share accounts of savings and loan
   6-29  associations to the extent that the shares and share accounts are
   6-30  insured by the Federal Savings and Loan Insurance Corporation;
   6-31              (3)  first-lien real estate mortgage securities insured
   6-32  by the Federal Housing Administration;
   6-33              (4)  bonds of companies incorporated within the United
   6-34  States;
   6-35              (5)  common and preferred stocks of companies
   6-36  incorporated within the United States that, unless the stocks are
   6-37  bank or insurance stocks, are listed on an exchange registered with
   6-38  the Securities and Exchange Commission or its successor;
   6-39              (6)  guaranteed investment contracts offered by
   6-40  insurance companies;
   6-41              (7)  money market funds;
   6-42              (8)  mutual funds and other pooled funds;
   6-43              (9)  international stocks traded as American depository
   6-44  receipts; and
   6-45              (10)  over-the-counter stocks.
   6-46        (b)  In making investments for a retirement system, its board
   6-47  of trustees shall exercise the judgment and care, under the
   6-48  circumstances prevailing at the time of the investment, that
   6-49  persons of ordinary prudence, discretion, and intelligence exercise
   6-50  in the management of their own affairs, not in speculation but when
   6-51  making a permanent disposition of their funds, considering the
   6-52  probable income from the disposition and the probable safety of
   6-53  their capital.
   6-54        (c)  At any particular time, not more than 60 percent of the
   6-55  book value of the assets of a fund may be invested in corporate
   6-56  stocks.  A board of trustees established under this Act may not
   6-57  invest in the stock or bonds of one corporation more than five
   6-58  percent of the book value of the assets of a fund.  A retirement
   6-59  system may not own more than five percent of the voting stock of
   6-60  one corporation.
   6-61        (d)  <After August 31, 1991, a board of trustees established
   6-62  under this Act may not acquire an investment in a bank or other
   6-63  financial institution that directly or through a subsidiary has a
   6-64  loan outstanding to the government of the Republic of South Africa
   6-65  or to an instrumentality of that government.>
   6-66        <(e)>  A board of trustees established under this Act shall
   6-67  adopt a written investment policy stating how assets of the
   6-68  retirement system that it administers may be invested.
   6-69        SECTION 5.  The importance of this legislation and the
   6-70  crowded condition of the calendars in both houses create an
    7-1  emergency and an imperative public necessity that the
    7-2  constitutional rule requiring bills to be read on three several
    7-3  days in each house be suspended, and this rule is hereby suspended,
    7-4  and that this Act take effect and be in force from and after its
    7-5  passage, and it is so enacted.
    7-6                               * * * * *