S.B. No. 1128
                                        AN ACT
    1-1  relating to the deposit, investment, safekeeping, distribution, and
    1-2  records and reports of, and collateral requirements for the deposit
    1-3  of, state funds.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 404.021, Government Code, is amended to
    1-6  read as follows:
    1-7        Sec. 404.021.  Eligible Institutions.  (a)  Any state or
    1-8  national bank doing business in the state may be designated by the
    1-9  board as a state depository.  Designation of a bank as a depository
   1-10  includes all of the bank's branches within the state.
   1-11        (b)  Any savings and loan association doing business
   1-12  <domiciled> in the state may be designated by the board as a state
   1-13  depository.
   1-14        (c)  Any state or federal credit union doing business in the
   1-15  state may be designated by the board as a state depository.
   1-16        (d)  Deposits of eligible institutions designated as state
   1-17  depositories must be covered by the Federal Deposit Insurance
   1-18  Corporation or the National Credit Union Share Insurance Fund
   1-19  <institution in the state whose accounts or deposits are insured
   1-20  according to the laws of the United States may be designated by the
   1-21  board as a state depository and may accept state funds to the
   1-22  extent of that insurance, regardless of the amount of its paid-up
   1-23  capital stock and permanent surplus>.
   1-24        SECTION 2.  Subchapter C, Chapter 404, Government Code, is
    2-1  amended by adding Section 404.0212 to read as follows:
    2-2        Sec. 404.0212.  DEPOSITORY RATING UNDER CERTAIN FEDERAL LAW.
    2-3  (a)  In this section, "regulated financial institution" has the
    2-4  meaning assigned by 12 U.S.C. Section 2902.
    2-5        (b)  A regulated financial institution that accepts a deposit
    2-6  from the treasurer shall report to the treasurer the rating
    2-7  assigned to the financial institution under 12 U.S.C. Section 2906.
    2-8        (c)  A regulated financial institution shall make a report
    2-9  required by this section:
   2-10              (1)  annually, not later than August 1 of each year;
   2-11  and
   2-12              (2)  not later than the 30th day after the date the
   2-13  financial institution is notified that the assigned rating has been
   2-14  changed.
   2-15        (d)  The board may not select as a depository a regulated
   2-16  financial institution that has been assigned a rating below
   2-17  "outstanding record of meeting community credit needs" or
   2-18  "satisfactory record of meeting community credit needs" under 12
   2-19  U.S.C. Section 2906.
   2-20        (e)  On receipt of notice that the rating of a financial
   2-21  institution is changed to a rating below that required by this
   2-22  section, the treasurer shall take immediate action to transfer all
   2-23  state funds subject to the custody or control of the treasurer that
   2-24  are on deposit with the institution to a qualified financial
   2-25  institution.
   2-26        (f)  The depository contract between a regulated financial
   2-27  institution and the board must authorize the withdrawal without
    3-1  penalty of the state funds subject to the custody or control of the
    3-2  treasurer that are on deposit with the institution if the rating of
    3-3  the institution is changed to a rating below that required by
    3-4  Subsection (d).
    3-5        SECTION 3.  Section 404.022, Government Code, is amended by
    3-6  adding Subsection (j) to read as follows:
    3-7        (j)  The board may execute a simplified version of a
    3-8  depository agreement with an eligible institution desiring to hold
    3-9  $98,000 or less in state deposits that are fully insured by the
   3-10  Federal Deposit Insurance Corporation or the National Credit Union
   3-11  Share Insurance Fund.  The treasurer may give the institution
   3-12  contingent approval as a depository until the board's next
   3-13  scheduled meeting.
   3-14        SECTION 4.  Subchapter C, Chapter 404, Government Code, is
   3-15  amended by adding Section 404.0221 to read as follows:
   3-16        Sec. 404.0221.  ELIGIBLE COLLATERAL.  (a)  In this section,
   3-17  "public agency" means a board, authority, agency, department,
   3-18  commission, political subdivision, municipal corporation, district,
   3-19  public corporation, body politic, instrumentality of this state, or
   3-20  any other type of political or governmental entity of this state.
   3-21        (b)  For the purposes of Section 404.022, collateral eligible
   3-22  to be pledged with the treasurer to secure state deposits includes:
   3-23              (1)  direct obligations of or obligations the principal
   3-24  and interest of which are guaranteed by the United States
   3-25  government;
   3-26              (2)  direct obligations of or obligations guaranteed by
   3-27  agencies or instrumentalities of the United States government; and
    4-1              (3)  a general or special obligation issued by a public
    4-2  agency and approved by the attorney general that is payable from
    4-3  taxes, revenues, or both.
    4-4        (c)  If pledged collateral consists of securities with a
    4-5  declining principal balance, the market value of the collateral
    4-6  pledged may not be less than 125 percent of the amount of the state
    4-7  deposits to be secured.
    4-8        (d)  Eligible collateral includes only a security with fixed,
    4-9  stated rates.
   4-10        (e)  A loss sustained by a depository that has secured its
   4-11  deposits by collateral may be enforced against the collateral.
   4-12        (f)  The treasurer may reject at any time collateral tendered
   4-13  by a state depository without assigning a reason for the rejection,
   4-14  and the treasurer's action is final and not subject to review.
   4-15        (g)  Collateral is not required for deposits to the extent
   4-16  that the deposits are insured by the Federal Deposit Insurance
   4-17  Corporation or the National Credit Union Share Insurance Fund.
   4-18        SECTION 5.  Section 404.024, Government Code, is amended to
   4-19  read as follows:
   4-20        Sec. 404.024.  Authorized Investments.  (a)  The board may
   4-21  determine and designate the amount of state funds to be deposited
   4-22  in time deposits in state depositories.  The treasurer shall
   4-23  recommend to the board a maximum limit for state funds deposited by
   4-24  the treasurer at approved state depositories.  The percentage of
   4-25  state funds to be deposited in state depositories shall be based on
   4-26  the interest rates available in competing investments, the demand
   4-27  for funds from Texas banks, and the state's liquidity requirements.
    5-1  The treasurer shall provide periodic investment reports to the
    5-2  board.
    5-3        (b)  State funds not deposited in state depositories shall be
    5-4  invested by the treasurer in:
    5-5              (1)  direct security repurchase agreements;
    5-6              (2)  reverse security repurchase agreements;
    5-7              (3)  direct obligations of or obligations the principal
    5-8  and interest of which are guaranteed by the United States;
    5-9              (4)  direct obligations of or obligations guaranteed by
   5-10  agencies or instrumentalities of the United States government;
   5-11              (5)  bankers' acceptances that:
   5-12                    (A)  are eligible for purchase by the Federal
   5-13  Reserve System;
   5-14                    (B)  do not exceed 270 days to maturity; and
   5-15                    (C)  are issued by a bank that has received the
   5-16  highest short-term credit rating by a nationally recognized
   5-17  investment rating firm;
   5-18              (6)  commercial paper that:
   5-19                    (A)  does not exceed 270 days to maturity; and
   5-20                    (B)  except as provided by Subsection (i) <(j)>,
   5-21  has received the highest short-term credit rating by a nationally
   5-22  recognized investment rating firm;
   5-23              (7)  contracts written by the treasury in which the
   5-24  treasury grants the purchaser the right to purchase securities in
   5-25  the treasury's marketable securities portfolio at a specified price
   5-26  over a specified period and for which the treasury is paid a fee
   5-27  and specifically prohibits naked-option or uncovered option
    6-1  trading; <and>
    6-2              (8)  direct obligations of or obligations guaranteed by
    6-3  the Inter-American Development Bank, the International Bank for
    6-4  Reconstruction and Development (the World Bank), the African
    6-5  Development Bank, the Asian Development Bank, and the International
    6-6  Finance Corporation that have received the highest credit rating by
    6-7  a nationally recognized investment rating firm; <and>
    6-8              (9)  bonds issued, assumed, or guaranteed by the State
    6-9  of Israel;
   6-10              (10)  obligations of a state or an agency, county,
   6-11  city, or other political subdivision of a state; and
   6-12              (11)  mutual funds secured by obligations that are
   6-13  described by Subdivisions (1) through (6).
   6-14        (c)  Investments in direct security repurchase agreements and
   6-15  reverse security repurchase agreements may be made with state or
   6-16  national banks doing business <domiciled> in this state or with
   6-17  primary dealers as approved by the Federal Reserve System.
   6-18  Notwithstanding any other law, the term of any reverse security
   6-19  repurchase agreement may not exceed 90 days after the date the
   6-20  reverse security repurchase agreement is delivered.  Money received
   6-21  under the terms of a reverse security repurchase agreement may be
   6-22  used to acquire additional authorized investments, but the term of
   6-23  the authorized investments acquired must mature not later than the
   6-24  expiration date stated in the reverse security repurchase
   6-25  agreement.
   6-26        (d)  The board may contract with a depository for the payment
   6-27  of interest on time or demand deposits at a rate not to exceed a
    7-1  rate that is lawful under an Act of Congress and rules and
    7-2  regulations of the board of governors of the Federal Reserve
    7-3  System, the board of directors of the Federal Deposit Insurance
    7-4  Corporation, the National Credit Union Administration Board, <the
    7-5  Federal Savings and Loan Insurance Corporation,> and the Federal
    7-6  Home Loan Banking Board.
    7-7        (e)  The treasury may not purchase any of the following types
    7-8  of investments:
    7-9              (1)  obligations the payment of which represents the
   7-10  coupon payments on the outstanding principal balance of the
   7-11  underlying mortgage-backed security collateral and pays no
   7-12  principal;
   7-13              (2)  obligations the payment of which represents the
   7-14  principal stream of cash flow from the underlying mortgage-backed
   7-15  security collateral and bears no interest;
   7-16              (3)  collateralized mortgage obligations that have a
   7-17  stated final maturity date of greater than 10 years; and
   7-18              (4)  collateralized mortgage obligations the interest
   7-19  rate of which is determined by an index that adjusts opposite to
   7-20  the changes in a market index.  <Not more than 20 percent of the
   7-21  aggregate funds on deposit in financial institutions at any time
   7-22  may be in depository institutions other than banks.>
   7-23        (f)  The treasurer by rule may define derivative investments
   7-24  other than those described by Subsection (e).  The treasury may not
   7-25  purchase investments defined by rule adopted under this subsection
   7-26  in an amount that at the time of purchase will cause the aggregate
   7-27  value of the investments to exceed five percent of the treasury's
    8-1  total investments <may invest the gross proceeds from obligations
    8-2  of this state or any agency of this state in:>
    8-3              <(1)  obligations of a state or an agency, county,
    8-4  city, or other political subdivision of a state; and>
    8-5              <(2)  mutual funds composed of obligations described by
    8-6  Subdivision (1)>.
    8-7        (g)  To the extent practicable, the treasurer shall give
    8-8  first consideration to Texas banks when investing in direct
    8-9  security repurchase agreements.
   8-10        (h)  <The treasurer may not use state funds to invest in or
   8-11  purchase obligations of a private corporation or other private
   8-12  business entity doing business in the Republic of South Africa
   8-13  unless the corporation or other entity:>
   8-14              <(1)  has:>
   8-15                    <(A)  adopted the Statement of Principles for
   8-16  South Africa as they existed in 1987, as described in the >þLReport on
   8-17  the Signatory Companies to the Statement of Principles for South
   8-18  Africaää< published by Arthur D. Little, Inc., Cambridge,
   8-19  Massachusetts, and has obtained a performance rating in Category 1
   8-20  or 2 of the Statement of Principles for South Africa rating system
   8-21  as determined by Arthur D. Little, Inc.; or>
   8-22                    <(B)  agreed to the Code of Conduct that is
   8-23  enforced by the United States Department of State under Section
   8-24  208, Comprehensive Anti-Apartheid Act of 1986 (Pub. L. No. 99-440)
   8-25  and has received a rating of "Making Satisfactory Progress"; and>
   8-26              <(2)  does not supply strategic products or services
   8-27  for use by the government, military, or police of the Republic of
    9-1  South Africa.>
    9-2        <(i)  For the purposes of Subsection (h) of this section:>
    9-3              <(1)  "Doing business in the Republic of South Africa"
    9-4  means conducting or performing manufacturing, assembly, or
    9-5  warehousing operations within the Republic of South Africa or, if a
    9-6  bank or other financial institution, lending money to the
    9-7  government of the Republic of South Africa or any of its agencies
    9-8  or instrumentalities.>
    9-9              <(2)  "Strategic products or services" means articles
   9-10  designated as arms, ammunition, or implements of war as provided by
   9-11  22 Code of Federal Regulations Part 121 or data processing
   9-12  equipment or computers sold for military or police use or for use
   9-13  in connection with restrictions on travel within the Republic of
   9-14  South Africa by residents of that country.>
   9-15        <(j)>  The treasurer may not use state funds to invest in or
   9-16  purchase obligations of a private corporation or other private
   9-17  business entity doing business in Northern Ireland unless the
   9-18  corporation or other entity:
   9-19              (1)  adheres to fair employment practices; and
   9-20              (2)  does not discriminate on the basis of race, color,
   9-21  religion, sex, national origin, or disability.
   9-22        (i) <(k)>  Notwithstanding Subsection (b)(6)(B) <(a)(6)(B)>,
   9-23  the treasurer may purchase commercial paper with a rating lower
   9-24  than the rating required by that paragraph <subsection> to provide
   9-25  liquidity for commercial paper issued by the treasurer or an agency
   9-26  of the state.
   9-27        SECTION 6.  Subsection (c), Section 404.0245, Government
   10-1  Code, is amended to read as follows:
   10-2        (c)  The principal amount of state funds invested and
   10-3  outstanding in hedging transactions on any one day may not exceed
   10-4  $500,000 with a maximum risk of loss of $5,000,000 in a biennium.
   10-5  The total principal amount of state funds that may be invested by
   10-6  the <state> treasurer in hedging transactions during any one
   10-7  biennium may not exceed the amount of money credited to the
   10-8  unclaimed money fund for that biennium and attributable to the
   10-9  remittance of mineral proceeds under Chapter 75, Property Code.
  10-10  Any premium incurred in connection with hedging transactions may be
  10-11  paid only from funds appropriated for that purpose.
  10-12        SECTION 7.  The heading of Subchapter D, Chapter 404,
  10-13  Government Code, is amended to read as follows:
  10-14  SUBCHAPTER D.  COLLATERAL, DEPOSITS, AND WITHDRAWALS <TREASURER AS
  10-15                          SECRETARY OF BOARD>
  10-16        SECTION 8.  The heading of Section 404.031, Government Code,
  10-17  is amended to read as follows:
  10-18        Sec. 404.031.  COLLATERAL REQUIREMENTS.
  10-19        SECTION 9.  Subsections (b), (e), (g), and (j), Section
  10-20  404.031, Government Code, are amended to read as follows:
  10-21        (b)  If the market value of the securities pledged by a
  10-22  depository becomes less than the amount of funds on deposit in the
  10-23  depository, the treasurer shall require that additional collateral
  10-24  be pledged immediately or deposits reduced <security>.  If the
  10-25  collateral pledged by a state depository is in excess of the amount
  10-26  required by this chapter, the treasurer may permit the release of
  10-27  the excess collateral <security>.  If the balance of state funds in
   11-1  a state depository is increased, the depository shall increase the
   11-2  collateral <security> for the deposits to the amount required by
   11-3  this chapter.
   11-4        (e)  Instead of depositing pledged securities with the
   11-5  treasurer, a depository may deposit them with a custodian.  The
   11-6  custodian may be the Texas Treasury Safekeeping Trust Company or a
   11-7  state or national bank that has a capital stock and permanent
   11-8  surplus of not less than $5 million, is <has been designated> a
   11-9  state depository, and has been designated as a custodian by the
  11-10  treasurer.  The state depository and the custodian of securities
  11-11  pledged by that state depository may not be the same bank or be
  11-12  owned by the same bank holding company.  The securities shall be
  11-13  held in trust by the custodian to secure funds deposited by the
  11-14  treasurer in the state depository pledging the securities.  On
  11-15  receipt of the securities, the custodian shall immediately, by book
  11-16  entry or otherwise, identify on its books and records the pledge of
  11-17  the securities and shall promptly issue and deliver to the
  11-18  treasurer controlled trust receipts for the securities pledged.
  11-19  The security evidenced by the trust receipts is subject to
  11-20  inspection by the treasurer <board or its agents> at any time.  The
  11-21  depository pledging the securities shall pay the charges, if any,
  11-22  of the custodian bank for accepting and holding the securities.
  11-23  The <A> custodian <bank>, acting alone or through a permitted
  11-24  institution, is for all purposes under state law and
  11-25  notwithstanding Chapters 8 and 9, Business & Commerce Code, the
  11-26  bailee or agent of the treasurer.  The security interest arising
  11-27  out of a pledge of securities to secure deposits of the state is
   12-1  created, attaches, and is perfected for all purposes under state
   12-2  law from the time the custodian identifies the pledge of the
   12-3  securities on its books and records and issues the trust receipts.
   12-4  The security interest remains perfected as of that time in the
   12-5  hands of all subsequent custodians and permitted institutions.
   12-6        (g)  In this section, "permitted institution" means a Federal
   12-7  Reserve Bank, a Federal Home Loan Bank, a "clearing corporation" as
   12-8  defined by Section 8.102(c), Business & Commerce Code, the Texas
   12-9  Treasury Safekeeping Trust Company, a state depository, and any
  12-10  state or nationally chartered bank or trust company that is
  12-11  controlled by a bank holding company that controls a state
  12-12  depository.  Neither the state depository that pledges the
  12-13  securities nor any bank that is controlled by a bank holding
  12-14  company that controls that state depository may be the permitted
  12-15  institution with respect to the particular securities pledged by
  12-16  that state depository.  A custodian holding in trust securities of
  12-17  a state depository under Subsections <Subsection> (e) and (f) may
  12-18  deposit the pledged securities with a permitted institution if the
  12-19  permitted institution is the third party to the transaction.  The
  12-20  securities shall be held by the permitted institution to secure
  12-21  funds deposited by the treasurer in the state depository pledging
  12-22  the securities.  On receipt of the securities, the permitted
  12-23  institution shall immediately issue to the custodian an advice of
  12-24  transaction or other document evidencing the deposit of the
  12-25  securities.  When the pledged securities held by a custodian are
  12-26  deposited, the permitted institution may apply book entry
  12-27  procedures to the securities.  The records of the permitted
   13-1  institution shall at all times reflect the name of the custodian
   13-2  depositing the pledged securities.  The custodian shall immediately
   13-3  issue and deliver to the treasurer controlled  trust receipts for
   13-4  the pledged securities.  The trust receipts shall indicate that the
   13-5  custodian has deposited with the permitted institution the pledged
   13-6  securities held in trust for the state depository pledging the
   13-7  securities.  A legal action or proceeding brought by or against the
   13-8  state, arising out of or in connection with the duties of the state
   13-9  depository, the custodian, or other permitted institution under
  13-10  this subchapter must be brought and maintained in state district
  13-11  court in Travis County.  In this section, "control" and "bank
  13-12  holding company" have the meanings assigned by Article 2, Chapter
  13-13  I, The Texas Banking Code (Article 342-102, Vernon's Texas Civil
  13-14  Statutes).
  13-15        (j)  If a state depository fails to credit <pay> a deposit or
  13-16  part of a deposit made by <on the check of> the treasurer, the
  13-17  treasurer may immediately sell or otherwise convert the securities
  13-18  to money <and disburse the money, according to law, on warrants
  13-19  drawn by the comptroller on the funds which the securities
  13-20  secured>.
  13-21        SECTION 10.  The heading of Section 404.032, Government Code,
  13-22  is amended to read as follows:
  13-23        Sec. 404.032.  Deposits <and Investments>.
  13-24        SECTION 11.  Subsection (a), Section 404.032, Government
  13-25  Code, is amended to read as follows:
  13-26        (a)  The treasurer shall deposit state funds in depositories
  13-27  that satisfy the collateral <security> requirements of this chapter
   14-1  <or invest the funds in investments authorized by Section 404.024>.
   14-2  The treasurer may deposit funds designated as demand deposits only
   14-3  in institutions <banks> designated as <centrally located
   14-4  depositories and in other> depositories <authorized> by the board.
   14-5        SECTION 12.  Section 404.043, Government Code, is amended to
   14-6  read as follows:
   14-7        Sec. 404.043.  Security Officers.  The treasurer may <shall>
   14-8  employ security officers to provide needed security services for
   14-9  the treasury and may commission the officers as peace officers.
  14-10  The security officers shall give bond in the same manner required
  14-11  by this chapter for employees who handle money or other valuable
  14-12  property as part of their duties.
  14-13        SECTION 13.  Section 404.047, Government Code, is amended to
  14-14  read as follows:
  14-15        Sec. 404.047.  Accounts.  The treasurer shall keep accounts
  14-16  of the receipt and expenditure of the money in the treasury and
  14-17  close the accounts on August 31 of each year.  The treasurer shall
  14-18  keep proper records <legal vouchers>, distinguishing between the
  14-19  receipts and disbursements of each fiscal year.
  14-20        SECTION 14.  Section 404.048, Government Code, is amended to
  14-21  read as follows:
  14-22        Sec. 404.048.  Report.  In addition to the reports required
  14-23  by the constitution, the treasurer shall, as required by <submit to
  14-24  the governor on the first Monday in November of each year, and at
  14-25  other times> the governor <requires>, submit <an exact statement of
  14-26  the condition and situation of the treasury,> a statement of the
  14-27  balance of money remaining in the treasury <to the credit of the
   15-1  state,> and a summary of the receipts and disbursements recorded by
   15-2  <of> the treasury <during the preceding year or for another period
   15-3  of time that may be specially required>.  The treasurer shall
   15-4  exhibit all books, papers, and records <vouchers, and other matters
   15-5  pertaining to the office for examination> on request by the
   15-6  legislature or a branch or committee of the legislature.
   15-7        SECTION 15.  Subsections (b), (d), and (f), Section 404.052,
   15-8  Government Code, are amended to read as follows:
   15-9        (b)  The <state> treasurer shall deposit money received by
  15-10  the treasurer under this section and shall keep a separate account
  15-11  for each municipality, district, or political subdivision.  The
  15-12  payment of interest and principal due on an obligation of the
  15-13  municipality, district, or political subdivision must be on deposit
  15-14  with the treasurer not later than five business days before the
  15-15  date of maturity.  Any charges incurred for late receipt of funds
  15-16  shall be assessed to the municipality, district, or political
  15-17  subdivision.  <As payment of interest and principal becomes due on
  15-18  an obligation, the treasurer of the municipality, district, or
  15-19  political subdivision shall remit to the state treasurer, not later
  15-20  than the 15th day before the date of maturity, the amounts due or
  15-21  to become due on maturity.>  On receipt of those amounts by the
  15-22  <state> treasurer, the treasurer <of the municipality, district, or
  15-23  political subdivision> shall request the comptroller to issue a
  15-24  warrant <to the state treasurer> for the payment of amounts due<,
  15-25  and the state treasurer shall pay the same at the office of the
  15-26  state treasurer.  The warrant shall state on its face:>
  15-27              <(1)  that the proceeds of the warrant are to be
   16-1  applied by the state treasurer to the payment of certain specified
   16-2  bonds or interest coupons described in the warrant;>
   16-3              <(2)  the name of the municipality, district, or
   16-4  political subdivision that issued the obligations;>
   16-5              <(3)  the numbers, amounts, and dates of maturity of
   16-6  the obligations and interest to be paid; and>
   16-7              <(4)  instructions to the state treasurer to return the
   16-8  obligation to the treasurer of the municipality, district, or
   16-9  political subdivision on receipt>.
  16-10        (d)  The <state> treasurer shall collect for the use of the
  16-11  state from the municipality, district, or political subdivision a
  16-12  fee in an amount established by rule of the <state> treasurer that
  16-13  is sufficient to pay the <state> treasurer's cost of
  16-14  administration.  The treasurer of the municipality, district, or
  16-15  political subdivision, at the time of the remittance for the
  16-16  payment of the maturing obligation or interest, shall remit the fee
  16-17  to the <state> treasurer as ex officio treasurer of the
  16-18  municipality, district, or political subdivision.  On receipt of
  16-19  the fee, the <state> treasurer shall deposit <credit> it to the
  16-20  appropriate fund <fees earned>.  The amount of the fees earned, or
  16-21  as much as necessary, is reserved to the <state> treasurer to be
  16-22  used in the administration of this chapter.  Any balance remaining
  16-23  at the end of a fiscal year is available for use in the next fiscal
  16-24  year.
  16-25        (f)  The <state> treasurer shall cancel and return to the
  16-26  municipality, district, or political subdivision depositing funds
  16-27  for the payment of interest coupons or the retirement of bonds the
   17-1  coupons and bonds that have matured or been retired by purchase,
   17-2  together with a statement of the account of the municipality,
   17-3  district, or subdivision showing the amounts received and placed to
   17-4  its credit, service charges, and amount of coupons or bonds
   17-5  retired.  At the request of the municipality, district, or
   17-6  political subdivision, the <state> treasurer shall remit to the
   17-7  municipality, district, or subdivision any balance remaining in
   17-8  custody of the treasurer for more than two years for which bonds or
   17-9  coupons have not been presented for payment.  The municipality,
  17-10  district, or political subdivision shall pay these coupons or bonds
  17-11  when presented.  A municipality, district, or political subdivision
  17-12  is entitled at any reasonable time to a statement of its account
  17-13  with the <state> treasurer.
  17-14        SECTION 16.  Section 404.055, Government Code, is amended to
  17-15  read as follows:
  17-16        Sec. 404.055.  Time and Demand Deposits<; Records and Annual
  17-17  Report>.  <(a)>  The treasurer shall maintain records of the daily
  17-18  balances of and the interest income from funds deposited by the
  17-19  treasurer <or the board> in time and demand deposit accounts in
  17-20  each bank acting as a state depository.  The treasurer shall
  17-21  maintain and preserve those records according to the provisions of
  17-22  Subchapter D, Chapter 441, <the Preservation of Essential Records
  17-23  Act (Article 5441d, Vernon's Texas Civil Statutes)> and of the open
  17-24  records law, Chapter 552 <424, Acts of the 63rd Legislature,
  17-25  Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
  17-26  Statutes)>.
  17-27        <(b)  The treasurer annually shall make a complete report to
   18-1  the legislature and to the governor of the amounts of interest
   18-2  income earned on funds deposited by the treasurer or the board in
   18-3  each state depository.  The report must contain the following:>
   18-4              <(1)  the name of each institution serving as a state
   18-5  depository during the fiscal year;>
   18-6              <(2)  for each institution, the balance at the
   18-7  beginning of the fiscal year, the balance at the end of the fiscal
   18-8  year, and the average daily balance in demand deposit accounts
   18-9  placed by the treasurer or the board;>
  18-10              <(3)  for each institution, the balance at the
  18-11  beginning of the fiscal year, the balance at the end of the fiscal
  18-12  year, the average daily balance in time deposit accounts placed by
  18-13  the treasurer or the board, and the amount of interest income
  18-14  earned on those accounts; and>
  18-15              <(4)  the totals of those amounts aggregated for all
  18-16  state depositories.>
  18-17        SECTION 17.  Section 404.060, Government Code, is amended to
  18-18  read as follows:
  18-19        Sec. 404.060.  Priority of Warrants.  Warrants on the
  18-20  treasury shall be on an equal basis with each other, except that if
  18-21  a question arises concerning the priority of payment of the
  18-22  warrants the treasurer shall determine the priority of payment <and
  18-23  necessity requires, they shall be paid in order of their serial
  18-24  number within each account.>
  18-25        <This section does not apply to:>
  18-26              <(1)  warrants drawn on the game, fish, and water
  18-27  safety account or on funds collected for and appropriated to the
   19-1  Texas Department of Transportation;>
   19-2              <(2)  a special fund created or provided for in the
   19-3  constitution; or>
   19-4              <(3)  a special fund or account consisting of taxes set
   19-5  aside and remitted or donated by the legislature to a county or
   19-6  municipality>.
   19-7        SECTION 18.  Section 404.062, Government Code, is amended to
   19-8  read as follows:
   19-9        Sec. 404.062.  UNDETERMINED REMITTANCES <Daily Statement>.
  19-10  (a)  <The head of each department shall send to the treasurer daily
  19-11  a detailed list of persons remitting money the status of which is
  19-12  undetermined or that is awaiting the time when it can be taken into
  19-13  the treasury and the departments' remittances to the treasury.  The
  19-14  treasurer shall cash the remittances and place them in the treasury
  19-15  vaults or in legally authorized depository banks if the necessity
  19-16  arises.>
  19-17        <(b)  The report from the General Land Office shall include
  19-18  all money for interest, principal, and leases of school,
  19-19  university, asylum, and other lands.>
  19-20        <(c)>  This subsection applies to money the status of which
  19-21  is undetermined or that is awaiting the time when it can be taken
  19-22  into the treasury.  The money shall be placed with the treasurer
  19-23  and credited to the suspense account.  The treasurer shall request
  19-24  and maintain information about the deposit of funds into the
  19-25  suspense account in accordance with Section 403.052.
  19-26        (b) <(d)>  When the status of money placed in the suspense
  19-27  account is determined, the money shall be transferred from the
   20-1  suspense account by placing the portion of it belonging to the
   20-2  state in the appropriate fund in the treasury, and the part not
   20-3  belonging to the state shall be refunded.  The refund shall be made
   20-4  either to the payor of the money or to the payor's estate,
   20-5  assignee, devisee, or other successor-in-interest.
   20-6        (c) <(e)>  When a deposit is made, it and any refunds shall
   20-7  be entered in the suspense cash book, and the balance shall
   20-8  represent the aggregate of the items still in suspense.  Warrants
   20-9  shall be used for making refunds.  The warrants shall be charged
  20-10  against the suspense funds to which they apply.
  20-11        SECTION 19.  Section 404.064, Government Code, is amended to
  20-12  read as follows:
  20-13        Sec. 404.064.  OFFICE FEES <FEE BOOK>.  The treasurer shall
  20-14  keep records of <an office fee book in which the treasurer shall
  20-15  enter in detail> the fees earned by the treasury department.  Those
  20-16  fees shall be deposited to the appropriate fund in the treasury <at
  20-17  the end of each month to the credit of the general revenue fund>.
  20-18        SECTION 20.  Section 404.065, Government Code, is amended to
  20-19  read as follows:
  20-20        Sec. 404.065.  CASH BALANCING <BOOK>.  The treasurer shall
  20-21  keep records <a book, to be called the cash balancing book,> for
  20-22  the purpose of arriving at the daily cash balance.  The daily
  20-23  totals of receipts and disbursements and the amount of cash on hand
  20-24  and in depository banks shall be recorded <entered in the book.  A
  20-25  copy of the book entry for each day shall be furnished daily to the
  20-26  comptroller>.
  20-27        SECTION 21.  Section 404.067, Government Code, is amended to
   21-1  read as follows:
   21-2        Sec. 404.067.  SAFEKEEPING; INVESTMENT AGENCIES <BOND BOOK>.
   21-3  (a)  The treasurer shall keep custodial records that <a bond book
   21-4  in which> shall reflect all deposits and releases of securities <be
   21-5  entered warrants or authorizations to receive or relinquish bonds>
   21-6  held by the treasurer and belonging to a state investment agency
   21-7  <fund>.
   21-8        (b)  The treasurer shall keep appropriate ledger accounts
   21-9  that include a short description <of the essential features> of
  21-10  each security held in safekeeping for certain investment agencies
  21-11  of the state<, of each bond or of each purchase of similar bonds or
  21-12  other securities purchased by and belonging to the permanent school
  21-13  fund and other funds of the state.  Those accounts shall be charged
  21-14  with the principal of the bond or purchase and with each separate
  21-15  item of interest to accrue to the principal and shall be credited
  21-16  with payments as made>.
  21-17        (c)  The treasurer shall keep controlling or total accounts
  21-18  of <bonds or other> securities in the general ledger.  Those
  21-19  accounts shall be kept with respect to the total amount of bonds or
  21-20  other securities belonging to each separate fund.
  21-21        (d)  <The treasurer shall keep controlling accounts for
  21-22  interest to accrue on the bonds.  The accounts shall be set up at
  21-23  the beginning of the fiscal year for bonds or other securities
  21-24  owned at that time and for subsequent purchases when the bonds or
  21-25  securities are purchased.>
  21-26        <(e)>  Those controlling accounts shall be balanced monthly
  21-27  with the sum of the individual accounts for <bonds or> securities,
   22-1  which also shall be balanced monthly, and shall correspond to
   22-2  similar accounts kept by the comptroller.
   22-3        SECTION 22.  Section 404.068, Government Code, is amended to
   22-4  read as follows:
   22-5        Sec. 404.068.  STATE REGULATORY AGENCIES SAFEKEEPING AND
   22-6  PLEDGED COLLATERAL <Securities Register>.  (a)  The treasurer shall
   22-7  keep a suitable system <register> in which shall be entered all
   22-8  <bonds, cash, and other> securities deposited with the treasurer by
   22-9  <bond investment, surety, and insurance companies and> state
  22-10  depositories <depository banks> and other state agencies <all other
  22-11  bonds or securities deposited with the treasurer under a statute if
  22-12  the registration of the bonds or securities is not otherwise
  22-13  provided for by law>.  The treasurer shall enter in the system
  22-14  <register> the authorizations to deposit <receive> or release
  22-15  <relinquish> the <bonds or> securities.
  22-16        (b)  The treasurer shall keep a securities ledger in which
  22-17  appropriate accounts for each custodial agency are kept <all
  22-18  matters for which those authorizations are issued shall be kept>.
  22-19  That ledger shall be balanced monthly against control accounts kept
  22-20  in the general ledger and against corresponding accounts kept by
  22-21  the comptroller.
  22-22        SECTION 23.  Section 404.070, Government Code, is amended to
  22-23  read as follows:
  22-24        Sec. 404.070.  Validity of VOIDED Warrants <Payable From a
  22-25  Suspense or Trust Fund>.  (a)  A warrant issued by the comptroller
  22-26  in payment of refunds from a <suspense or trust> fund in the
  22-27  treasury becomes void unless presented to the treasurer for payment
   23-1  before two years after the end of the fiscal year in which the
   23-2  warrant was issued.  The sum of money represented by a warrant
   23-3  voided under this section shall be transferred by the comptroller
   23-4  from the <suspense> fund from which the warrant was originally
   23-5  issued to the general revenue fund.  Claims for the payment of a
   23-6  voided warrant may be presented to the legislature for
   23-7  appropriation from which the warrant may be paid.  This section
   23-8  does not affect the laws regulating the payment of other warrants
   23-9  issued by the comptroller.
  23-10        (b)  When a transfer of money under this section is made, the
  23-11  treasurer shall prepare a list of the outstanding warrants
  23-12  representing the transfer.  The list must show <the name of the
  23-13  payee,> the date of the original warrant, the departmental suspense
  23-14  account against which the warrant was originally drawn, the
  23-15  original warrant number, and the amount of the original warrant.
  23-16  The list shall be maintained as a permanent record in the office of
  23-17  the treasurer <and proper notation shall be made on each entry on
  23-18  the list when the legislature makes appropriation for the refund of
  23-19  the amount listed>.
  23-20        SECTION 24.  Subsection (e), Section 404.071, Government
  23-21  Code, is amended to read as follows:
  23-22        (e)  The treasurer shall provide the comptroller information
  23-23  necessary for <notify> the comptroller to compute <of> the amount
  23-24  of interest to be paid from the general revenue fund as a result of
  23-25  the federal Cash Management Improvement Act of 1990 (31 U.S.C.
  23-26  Section 6501 et seq.).  The treasurer shall provide the information
  23-27  <notifications> in accordance with the comptroller's requirements
   24-1  for frequency, method, and format.
   24-2        SECTION 25.  Section 404.095, Government Code, is amended to
   24-3  read as follows:
   24-4        Sec. 404.095.  Electronic Transfer of Certain Payments.
   24-5  (a)  This section applies only to a state agency that during the
   24-6  preceding state fiscal year collected or received more than $50
   24-7  million in fees, fines, penalties, taxes, charges, gifts, grants,
   24-8  donations, and other funds, excluding federal grants and interest
   24-9  and dividend income.
  24-10        (b)  If during the preceding state fiscal year a person paid
  24-11  a state agency a total of $500,000 or more in a category of
  24-12  payments and the agency reasonably anticipates that during the
  24-13  current state fiscal year the person will pay the agency $500,000
  24-14  or more in a category of payments, the state agency shall require
  24-15  the person to transfer payment amounts <of $25,000 or more> due to
  24-16  the agency in that category, on or before the date the payment is
  24-17  due, by one <or more> of the means of electronic funds transfer
  24-18  approved by the treasurer.  For the purposes of this section, each
  24-19  of the following is a separate category of payments to a state
  24-20  agency:
  24-21              (1)  fees;
  24-22              (2)  fines;
  24-23              (3)  civil penalties;
  24-24              (4)  taxes, with each type of tax specified by the
  24-25  treasurer being considered a separate category; and
  24-26              (5)  other payments to the state agency, excluding
  24-27  extraordinary payments such as gifts, grants, donations, interest
   25-1  and dividend income, and one time surcharges.
   25-2        (c)  A state agency by rule may require a person other than a
   25-3  person subject to Subsection (b) to transfer all payment amounts
   25-4  <of $10,000 or more> due in a category of payments to the agency on
   25-5  or before the date the payment is due by electronic funds transfer
   25-6  <if the person paid the agency a total of $250,000 or more in that
   25-7  category of payments>.
   25-8        (d)  A person's failure to transfer payment amounts by
   25-9  electronic funds transfer may result in the assessment of a penalty
  25-10  by the state agency in an amount equal to five percent of the
  25-11  payment amount.
  25-12        (e)  The treasurer shall adopt rules specifying approved
  25-13  means of electronic funds transfer and specifying the types of
  25-14  taxes constituting separate categories.  A person's failure to
  25-15  comply with the rules may result in the assessment of a penalty by
  25-16  the state agency in an amount equal to five percent of the payment
  25-17  amount.
  25-18        (f) <(e)>  To the extent of any conflict between this section
  25-19  and another law specifying the time or manner of making a payment
  25-20  to the agency, this section controls.  This section does not affect
  25-21  a law specifying the time for the filing of a return or other
  25-22  report related to the payment.
  25-23        (g) <(f)>  A state agency may not require payment by
  25-24  electronic funds transfer of a protested tax payment.
  25-25        SECTION 26.  Section 404.105, Government Code, is amended to
  25-26  read as follows:
  25-27        Sec. 404.105.  Capital or Reserve Requirements.  The trust
   26-1  company shall have capital stock or reserve balances in an amount
   26-2  required by applicable regulatory bodies for eligibility for
   26-3  federal reserve services, but the amount may not be more than $1
   26-4  million.  The stock of the trust company is an authorized
   26-5  investment for state funds and<,> shall be held by the treasurer<,
   26-6  and shall be acquired by the treasurer on an order of the state
   26-7  depository board>.
   26-8        SECTION 27.  Section 404.106, Government Code, is amended by
   26-9  adding Subsection (c) to read as follows:
  26-10        (c)  With respect to specific funds held by the trust company
  26-11  for a particular participant, the trust company has the same
  26-12  investment authority as that participant for those specific funds.
  26-13        SECTION 28.  Section 404.121, Government Code, is amended to
  26-14  read as follows:
  26-15        Sec. 404.121.  Definitions.  In this subchapter:
  26-16              (1)  "Cash flow deficit" for any period means the
  26-17  excess, if any, of expenditures paid and transfers made from the
  26-18  general revenue fund in the period, including payments provided by
  26-19  Section 16.260, Education Code, over taxes and other revenues
  26-20  deposited to the fund in the period, other than revenues deposited
  26-21  pursuant to Section 403.092, that are legally available for the
  26-22  expenditures and transfers.
  26-23              (2)  "Committee" means the cash management committee.
  26-24              (3) <(2)>  "Credit agreement" means a loan agreement,
  26-25  revolving credit agreement, agreement establishing a line of
  26-26  credit, letter of credit, reimbursement agreement, insurance
  26-27  contract, commitment to purchase tax and revenue anticipation
   27-1  notes, purchase or sale agreement, forward payment conversion
   27-2  agreement, contract providing for payments based on levels of or
   27-3  changes in interest rates or currency exchange rates, or commitment
   27-4  or other contract or agreement approved by the treasurer in
   27-5  connection with the authorization, issuance, security, exchange,
   27-6  payment, purchase, or redemption of an obligation, interest on an
   27-7  obligation, or both.
   27-8              (4) <(3)>  "Tax and revenue anticipation notes" and
   27-9  "notes" mean notes issued under this section, including any
  27-10  obligations under credit agreements entered into by the treasurer
  27-11  in connection with the issuance of the notes.
  27-12              (5) <(4)>  "Temporary cash shortfall" during any period
  27-13  means the greater of:
  27-14                    (A)  the <cumulative> cash flow deficit forecast
  27-15  by the treasurer for the <at any time during a> period; or
  27-16                    (B)  <within a fiscal year in which> the cash
  27-17  balance of taxes and other revenues in the general revenue fund at
  27-18  the beginning of the period that are legally available for
  27-19  expenditures and transfers included in the cash flow deficit, other
  27-20  than transfers deposited pursuant to Section 403.092, less the cash
  27-21  flow deficit for the period and less<, as projected by the
  27-22  treasurer, is insufficient to honor the authorized expenditures
  27-23  from that fund during that period and to establish> an amount
  27-24  determined by the treasurer that is reasonably required as a cash
  27-25  balance in the general revenue fund, but the reasonable account
  27-26  balance may not exceed 10 percent of expenditures and transfers
  27-27  made from the general revenue fund in the fiscal year before the
   28-1  year in which the determination is made.
   28-2        SECTION 29.  Subsection (d), Section 404.123, Government
   28-3  Code, is amended to read as follows:
   28-4        (d)  All notes must mature and be paid in full during the
   28-5  fiscal biennium in which they were issued.  The notes must be
   28-6  signed by the governor.  <The interest rate on the notes must be
   28-7  set so that the amount equal to the total amount of interest to be
   28-8  paid on the notes plus the costs of issuance of the notes does not
   28-9  exceed the amount of interest that would be paid on the notes if
  28-10  the interest rate on the notes were one percent less than one of
  28-11  the following, as computed by the treasurer:>
  28-12              <(1)  the average interest yield being earned on funds
  28-13  invested by the treasurer as of the date of the notes' issuance; or>
  28-14              <(2)  the projected average interest yield to be earned
  28-15  on funds invested by the treasurer over the life of the note
  28-16  issue.>
  28-17        SECTION 30.  Subsections (b) and (c), Section 404.124,
  28-18  Government Code, are amended to read as follows:
  28-19        (b)  Based on the forecast the committee may approve the
  28-20  issuance <amount> of notes and the maximum outstanding balance of
  28-21  notes in any fiscal year.  The outstanding balance may not exceed
  28-22  the maximum temporary cash shortfall forecast by the treasurer for
  28-23  any period in the fiscal year.  The treasurer may not issue notes
  28-24  in excess of the amount approved <that may be issued and determine
  28-25  whether the notes shall be sold on a negotiated or competitive bid
  28-26  basis.  If the committee determines that competitive bids are
  28-27  appropriate, the underwriter of any notes issued under this section
   29-1  shall be selected by the solicitation of sealed bids and an
   29-2  appropriate bid notice shall be published at least one time in one
   29-3  or more recognized financial publications of general circulation
   29-4  published within the state and one or more recognized financial
   29-5  publications of general circulation published outside the state.
   29-6  Unless all bids are rejected, the underwriter shall be selected
   29-7  from the bids received>.
   29-8        (c)  The committee may determine whether the notes will be
   29-9  sold on a negotiated or competitive bid basis.  If the committee
  29-10  determines that competitive bids are appropriate, the underwriter
  29-11  of any notes issued under this section shall be selected by the
  29-12  solicitation of sealed bids and an appropriate bid notice shall be
  29-13  published at least one time in one or more recognized financial
  29-14  publications of general circulation published within the state and
  29-15  one or more recognized financial publications of general
  29-16  circulation published outside the state.  Unless all bids are
  29-17  rejected, the underwriter shall be selected from the bids received
  29-18  <not approve the issuance of notes in excess of the amount
  29-19  reasonably necessary to meet the temporary cash shortfall>.  The
  29-20  treasurer may not <issue notes in excess of the amount approved or>
  29-21  sell the notes in a manner not approved.
  29-22        SECTION 31.  Subsections (b), (c), and (d), Section 16.260,
  29-23  Education Code, are amended to read as follows:
  29-24        (b)  Payments from the foundation school fund to each
  29-25  category 1 school district shall be made as follows:
  29-26              (1)  15 <21> percent of the yearly entitlement of the
  29-27  district shall be paid in an installment <two equal installments>
   30-1  to be made on or before the 25th day of September <and October> of
   30-2  a fiscal year;
   30-3              (2)  80 <57> percent of the yearly entitlement of the
   30-4  district shall be paid in eight <six> equal installments to be made
   30-5  on or before the 25th day of October, November, December, January,
   30-6  <February,> March, May, June, and July; and
   30-7              (3)  five <22> percent of the yearly entitlement of the
   30-8  district shall be paid in an installment <two equal installments>
   30-9  to be made on or before the 25th day of February <April and May>.
  30-10        (c)  Payments from the foundation school fund to each
  30-11  category 2 school district shall be made as follows:
  30-12              (1)  22 <21> percent of the yearly entitlement of the
  30-13  district shall be paid in an installment <two equal installments>
  30-14  to be made on or before the 25th day of September <and October> of
  30-15  a fiscal year;
  30-16              (2)  18 <38> percent of the yearly entitlement of the
  30-17  district shall be paid in an installment <four equal installments>
  30-18  to be made on or before the 25th day of October <November,
  30-19  December, March, and July>;
  30-20              (3)  9.5 <seven> percent of the yearly entitlement of
  30-21  the district shall be paid in an installment <two equal
  30-22  installments> to be made on or before the 25th day of November
  30-23  <January and February>;
  30-24              (4)  7.5 <22> percent of the yearly entitlement of the
  30-25  district shall be paid in an installment <two equal installments>
  30-26  to be made on or before the 25th day of April <and May>; <and>
  30-27              (5)  five <12> percent of the yearly entitlement of the
   31-1  district shall be paid in an installment <two equal installments>
   31-2  to be made on or before the 25th day of May <June and August>;
   31-3              (6)  10 percent of the yearly entitlement of the
   31-4  district shall be paid in an installment to be made on or before
   31-5  the 25th day of June;
   31-6              (7)  13 percent of the yearly entitlement of the
   31-7  district shall be paid in an installment to be made on or before
   31-8  the 25th day of July; and
   31-9              (8)  15 percent of the yearly entitlement of the
  31-10  district shall be paid in an installment to be made on or before
  31-11  the 25th day of August.
  31-12        (d)  Payments from the foundation school fund to each
  31-13  category 3 school district shall be made as follows:
  31-14              (1)  45 <21> percent of the yearly entitlement of the
  31-15  district shall be paid in an installment <two equal installments>
  31-16  to be made on or before the 25th day of September <and October> of
  31-17  a fiscal year;
  31-18              (2)  35 <57> percent of the yearly entitlement of the
  31-19  district shall be paid in an installment <six equal installments>
  31-20  to be made on or before the 25th day of October <November,
  31-21  December, March, June, July, and August>; and
  31-22              (3)  20 <22> percent of the yearly entitlement of the
  31-23  district shall be paid in an installment <two equal installments>
  31-24  to be made on or before the 25th day of August <April and May>.
  31-25        SECTION 32.  The following provisions are repealed:
  31-26              (1)  Subsections (e) and (f), Section 404.0245, and
  31-27  Sections 404.025 and 404.061, Government Code; and
   32-1              (2)  Section 2, Chapter 234, Acts of the 73rd
   32-2  Legislature, 1993.
   32-3        SECTION 33.  (a)  A regulated financial institution that is
   32-4  acting as a depository of funds subject to Section 404.0212,
   32-5  Government Code, as added by this Act, on the effective date of
   32-6  this Act and that does not have an assigned rating under 12 U.S.C.
   32-7  Section 2906 that satisfies the requirement of that section may
   32-8  continue to hold the funds only for the period necessary to avoid
   32-9  the imposition of a penalty on the state.
  32-10        (b)  Subsection (f), Section 404.0212, Government Code, as
  32-11  added by this Act, applies only to depository contracts executed on
  32-12  or after the effective date of this Act.
  32-13        (c)  The change in law made by this Act in Section 16.260,
  32-14  Education Code, prevails over any conflicting Act of the 74th
  32-15  Legislature, Regular Session, 1995, including S.B. No. 1,
  32-16  regardless of the relative dates of enactment.
  32-17        SECTION 34.  This Act takes effect immediately, except that a
  32-18  state depository approved before the effective date of this Act and
  32-19  operating as a state depository on the effective date of this Act
  32-20  is not required to meet a requirement of Chapter 404, Government
  32-21  Code, as amended or added by this Act,  and a state or federal
  32-22  credit union may not be designated as a state depository, until
  32-23  January 1, 1996.
  32-24        SECTION 35.  The importance of this legislation and the
  32-25  crowded condition of the calendars in both houses create an
  32-26  emergency and an imperative public necessity that the
  32-27  constitutional rule requiring bills to be read on three several
   33-1  days in each house be suspended, and this rule is hereby suspended,
   33-2  and that this Act take effect and be in force from and after its
   33-3  passage, and it is so enacted.