1-1  By:  Ellis                                            S.B. No. 1128
    1-2        (In the Senate - Filed March 9, 1995; March 15, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 25, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 13, Nays 0; April 25, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1128                By:  Gallegos
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the deposit, investment, safekeeping, and records and
   1-11  reports of, and collateral requirements for the deposit of, funds
   1-12  held by the state treasurer.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Subchapter C, Chapter 404, Government Code, is
   1-15  amended by adding Section 404.0212 to read as follows:
   1-16        Sec. 404.0212.  DEPOSITORY RATING UNDER CERTAIN FEDERAL LAW.
   1-17  (a)  In this section, "regulated financial institution" has the
   1-18  meaning assigned by 12 U.S.C. Section 2902.
   1-19        (b)  A regulated financial institution that accepts a deposit
   1-20  from the treasurer shall report to the treasurer the rating
   1-21  assigned to the financial institution under 12 U.S.C. Section 2906.
   1-22        (c)  A regulated financial institution shall make a report
   1-23  required by this section:
   1-24              (1)  annually, not later than August 1 of each year;
   1-25  and
   1-26              (2)  not later than the 30th day after the date the
   1-27  financial institution is notified that the assigned rating has been
   1-28  changed.
   1-29        (d)  The treasurer may not select as a depository a regulated
   1-30  financial institution that has been assigned a rating below
   1-31  "outstanding record of meeting community credit needs" or
   1-32  "satisfactory record of meeting community credit needs" under 12
   1-33  U.S.C. Section 2906.
   1-34        (e)  On receipt of notice that the rating of a financial
   1-35  institution is changed to a rating below that required by this
   1-36  section, the treasurer shall take immediate action to transfer all
   1-37  state funds subject to the custody or control of the treasurer that
   1-38  are on deposit with the institution to a qualified financial
   1-39  institution.
   1-40        (f)  The depository contract between a regulated financial
   1-41  institution and the treasurer must authorize the withdrawal without
   1-42  penalty of the state funds subject to the custody or control of the
   1-43  treasurer that are on deposit with the institution if the rating of
   1-44  the institution is changed to a rating below that required by
   1-45  Subsection (d).
   1-46        SECTION 2.  Section 404.022, Government Code, is amended by
   1-47  adding Subsection (j) to read as follows:
   1-48        (j)  The board may execute a simplified version of a
   1-49  depository agreement with an eligible institution desiring to hold
   1-50  $98,000 or less in state deposits that are fully insured by the
   1-51  Federal Deposit Insurance Corporation.  The treasurer may give the
   1-52  institution contingent approval as a depository until the board's
   1-53  next scheduled meeting.
   1-54        SECTION 3.  Subchapter C, Chapter 404, Government Code, is
   1-55  amended by adding Section 404.0221 to read as follows:
   1-56        Sec. 404.0221.  ELIGIBLE COLLATERAL.  (a)  In this section,
   1-57  "public agency" means a board, authority, agency, department,
   1-58  commission, political subdivision, municipal corporation, district,
   1-59  public corporation, body politic, instrumentality of this state, or
   1-60  any other type of political or governmental entity of this state.
   1-61        (b)  For the purposes of Section 404.022, collateral eligible
   1-62  to be pledged with the treasurer to secure state deposits includes:
   1-63              (1)  direct obligations of or obligations the principal
   1-64  and interest of which are guaranteed by the United States
   1-65  government;
   1-66              (2)  direct obligations of or obligations guaranteed by
   1-67  agencies or instrumentalities of the United States government; and
   1-68              (3)  a general or special obligation issued by a public
    2-1  agency and approved by the attorney general that is payable from
    2-2  taxes, revenues, or both.
    2-3        (c)  If pledged collateral consists of securities with a
    2-4  declining principal balance, the market value of the collateral
    2-5  pledged may not be less than 125 percent of the amount of the state
    2-6  deposits to be secured.
    2-7        (d)  Eligible collateral includes only a security with fixed,
    2-8  stated rates.
    2-9        (e)  A loss sustained by a depository that has secured its
   2-10  deposits by collateral may be enforced against the collateral.
   2-11        (f)  The treasurer may reject at any time collateral tendered
   2-12  by a state depository without assigning a reason for the rejection,
   2-13  and the treasurer's action is final and not subject to review.
   2-14        (g)  Collateral is not required for deposits to the extent
   2-15  that the deposits are insured by the Federal Deposit Insurance
   2-16  Corporation.
   2-17        SECTION 4.  Section 404.024, Government Code, is amended to
   2-18  read as follows:
   2-19        Sec. 404.024.  Authorized Investments.  (a)  The board may
   2-20  determine and designate the amount of state funds to be deposited
   2-21  in time deposits in state depositories.  The treasurer shall
   2-22  recommend to the board a maximum limit for state funds deposited by
   2-23  the treasurer at approved state depositories.  The percentage of
   2-24  state funds to be deposited in state depositories shall be based on
   2-25  the interest rates available in competing investments, the demand
   2-26  for funds from Texas banks, and the state's liquidity requirements.
   2-27  The treasurer shall provide periodic investment reports to the
   2-28  board.
   2-29        (b)  State funds not deposited in state depositories shall be
   2-30  invested by the treasurer in:
   2-31              (1)  direct security repurchase agreements;
   2-32              (2)  reverse security repurchase agreements;
   2-33              (3)  direct obligations of or obligations the principal
   2-34  and interest of which are guaranteed by the United States;
   2-35              (4)  direct obligations of or obligations guaranteed by
   2-36  agencies or instrumentalities of the United States government;
   2-37              (5)  bankers' acceptances that:
   2-38                    (A)  are eligible for purchase by the Federal
   2-39  Reserve System;
   2-40                    (B)  do not exceed 270 days to maturity; and
   2-41                    (C)  are issued by a bank that has received the
   2-42  highest short-term credit rating by a nationally recognized
   2-43  investment rating firm;
   2-44              (6)  commercial paper that:
   2-45                    (A)  does not exceed 270 days to maturity; and
   2-46                    (B)  except as provided by Subsection (i) <(j)>,
   2-47  has received the highest short-term credit rating by a nationally
   2-48  recognized investment rating firm;
   2-49              (7)  contracts written by the treasury in which the
   2-50  treasury grants the purchaser the right to purchase securities in
   2-51  the treasury's marketable securities portfolio at a specified price
   2-52  over a specified period and for which the treasury is paid a fee
   2-53  and specifically prohibits naked-option or uncovered option
   2-54  trading; <and>
   2-55              (8)  direct obligations of or obligations guaranteed by
   2-56  the Inter-American Development Bank, the International Bank for
   2-57  Reconstruction and Development (the World Bank), the African
   2-58  Development Bank, the Asian Development Bank, and the International
   2-59  Finance Corporation that have received the highest credit rating by
   2-60  a nationally recognized investment rating firm; <and>
   2-61              (9)  bonds issued, assumed, or guaranteed by the State
   2-62  of Israel;
   2-63              (10)  obligations of a state or an agency, county,
   2-64  city, or other political subdivision of a state; and
   2-65              (11)  mutual funds or other investment pools secured by
   2-66  obligations that are described by Subdivisions (1) through (6).
   2-67        (c)  Investments in direct security repurchase agreements and
   2-68  reverse security repurchase agreements may be made with state or
   2-69  national banks doing business <domiciled> in this state or with
   2-70  primary dealers as approved by the Federal Reserve System.
    3-1        (d)  The board may contract with a depository for the payment
    3-2  of interest on time or demand deposits at a rate not to exceed a
    3-3  rate that is lawful under an Act of Congress and rules and
    3-4  regulations of the board of governors of the Federal Reserve
    3-5  System, the board of directors of the Federal Deposit Insurance
    3-6  Corporation, <the Federal Savings and Loan Insurance Corporation,>
    3-7  and the Federal Home Loan Banking Board.
    3-8        (e)  The treasury may not purchase any of the following types
    3-9  of investments in an amount that at the time of purchase will cause
   3-10  the aggregate value of the investments to exceed five percent of
   3-11  the treasury's total investments:
   3-12              (1)  obligations the payment of which represents the
   3-13  coupon payments on the outstanding principal balance of the
   3-14  underlying mortgage-backed security collateral and pays no
   3-15  principal;
   3-16              (2)  obligations the payment of which represents the
   3-17  principal stream of cash flow from the underlying mortgage-backed
   3-18  security collateral and bears no interest;
   3-19              (3)  collateralized mortgage obligations that have a
   3-20  stated final maturity date of greater than 10 years; and
   3-21              (4)  collateralized mortgage obligations the interest
   3-22  rate of which is determined by an index that adjusts opposite to
   3-23  the changes in a market index.  <Not more than 20 percent of the
   3-24  aggregate funds on deposit in financial institutions at any time
   3-25  may be in depository institutions other than banks.>
   3-26        (f)  The treasurer may contract with registered investment
   3-27  advisors and other consultants to assist in investment management
   3-28  and may pay fees directly from investment earnings <invest the
   3-29  gross proceeds from obligations of this state or any agency of this
   3-30  state in:>
   3-31              <(1)  obligations of a state or an agency, county,
   3-32  city, or other political subdivision of a state; and>
   3-33              <(2)  mutual funds composed of obligations described by
   3-34  Subdivision (1)>.
   3-35        (g)  To the extent practicable, the treasurer shall give
   3-36  first consideration to Texas banks when investing in direct
   3-37  security repurchase agreements.
   3-38        (h)  <The treasurer may not use state funds to invest in or
   3-39  purchase obligations of a private corporation or other private
   3-40  business entity doing business in the Republic of South Africa
   3-41  unless the corporation or other entity:>
   3-42              <(1)  has:>
   3-43                    <(A)  adopted the Statement of Principles for
   3-44  South Africa as they existed in 1987, as described in the >þLReport on
   3-45  the Signatory Companies to the Statement of Principles for South
   3-46  Africaää< published by Arthur D. Little, Inc., Cambridge,
   3-47  Massachusetts, and has obtained a performance rating in Category 1
   3-48  or 2 of the Statement of Principles for South Africa rating system
   3-49  as determined by Arthur D. Little, Inc.; or>
   3-50                    <(B)  agreed to the Code of Conduct that is
   3-51  enforced by the United States Department of State under Section
   3-52  208, Comprehensive Anti-Apartheid Act of 1986 (Pub. L. No. 99-440)
   3-53  and has received a rating of "Making Satisfactory Progress"; and>
   3-54              <(2)  does not supply strategic products or services
   3-55  for use by the government, military, or police of the Republic of
   3-56  South Africa.>
   3-57        <(i)  For the purposes of Subsection (h) of this section:>
   3-58              <(1)  "Doing business in the Republic of South Africa"
   3-59  means conducting or performing manufacturing, assembly, or
   3-60  warehousing operations within the Republic of South Africa or, if a
   3-61  bank or other financial institution, lending money to the
   3-62  government of the Republic of South Africa or any of its agencies
   3-63  or instrumentalities.>
   3-64              <(2)  "Strategic products or services" means articles
   3-65  designated as arms, ammunition, or implements of war as provided by
   3-66  22 Code of Federal Regulations Part 121 or data processing
   3-67  equipment or computers sold for military or police use or for use
   3-68  in connection with restrictions on travel within the Republic of
   3-69  South Africa by residents of that country.>
   3-70        <(j)>  The treasurer may not use state funds to invest in or
    4-1  purchase obligations of a private corporation or other private
    4-2  business entity doing business in Northern Ireland unless the
    4-3  corporation or other entity:
    4-4              (1)  adheres to fair employment practices; and
    4-5              (2)  does not discriminate on the basis of race, color,
    4-6  religion, sex, national origin, or disability.
    4-7        (i) <(k)>  Notwithstanding Subsection (b)(6)(B) <(a)(6)(B)>,
    4-8  the treasurer may purchase commercial paper with a rating lower
    4-9  than the rating required by that paragraph <subsection> to provide
   4-10  liquidity for commercial paper issued by the treasurer or an agency
   4-11  of the state.
   4-12        SECTION 5.  Subsection (c), Section 404.0245, Government
   4-13  Code, is amended to read as follows:
   4-14        (c)  The principal amount of state funds invested and
   4-15  outstanding in hedging transactions on any one day may not exceed
   4-16  $500,000 with a maximum risk of loss of $5,000,000 in a biennium.
   4-17  The total principal amount of state funds that may be invested by
   4-18  the <state> treasurer in hedging transactions during any one
   4-19  biennium may not exceed the amount of money credited to the
   4-20  unclaimed money fund for that biennium and attributable to the
   4-21  remittance of mineral proceeds under Chapter 75, Property Code.
   4-22  Any premium incurred in connection with hedging transactions may be
   4-23  paid only from funds appropriated for that purpose.
   4-24        SECTION 6.  The heading of Subchapter D, Chapter 404,
   4-25  Government Code, is amended to read as follows:
   4-26  SUBCHAPTER D.  COLLATERAL, DEPOSITS, AND WITHDRAWALS <TREASURER AS
   4-27                          SECRETARY OF BOARD>
   4-28        SECTION 7.  The heading of Section 404.031, Government Code,
   4-29  is amended to read as follows:
   4-30        Sec. 404.031.  COLLATERAL REQUIREMENTS.
   4-31        SECTION 8.  Subsections (b), (e), (g), and (j), Section
   4-32  404.031, Government Code, are amended to read as follows:
   4-33        (b)  If the market value of the securities pledged by a
   4-34  depository becomes less than the amount of funds on deposit in the
   4-35  depository, the treasurer shall require that additional collateral
   4-36  be pledged immediately or deposits reduced <security>.  If the
   4-37  collateral pledged by a state depository is in excess of the amount
   4-38  required by this chapter, the treasurer may permit the release of
   4-39  the excess collateral <security>.  If the balance of state funds in
   4-40  a state depository is increased, the depository shall increase the
   4-41  collateral <security> for the deposits to the amount required by
   4-42  this chapter.
   4-43        (e)  Instead of depositing pledged securities with the
   4-44  treasurer, a depository may deposit them with a custodian.  The
   4-45  custodian may be the Texas Treasury Safekeeping Trust Company or a
   4-46  state or national bank that has a capital stock and permanent
   4-47  surplus of not less than $5 million, is <has been designated> a
   4-48  state depository, and has been designated as a custodian by the
   4-49  treasurer.  The state depository and the custodian of securities
   4-50  pledged by that state depository may not be the same bank or be
   4-51  owned by the same bank holding company.  The securities shall be
   4-52  held in trust by the custodian to secure funds deposited by the
   4-53  treasurer in the state depository pledging the securities.  On
   4-54  receipt of the securities, the custodian shall immediately, by book
   4-55  entry or otherwise, identify on its books and records the pledge of
   4-56  the securities and shall promptly issue and deliver to the
   4-57  treasurer controlled trust receipts for the securities pledged.
   4-58  The security evidenced by the trust receipts is subject to
   4-59  inspection by the treasurer <board or its agents> at any time.  The
   4-60  depository pledging the securities shall pay the charges, if any,
   4-61  of the custodian bank for accepting and holding the securities.
   4-62  The <A> custodian <bank>, acting alone or through a permitted
   4-63  institution, is for all purposes under state law and
   4-64  notwithstanding Chapters 8 and 9, Business & Commerce Code, the
   4-65  bailee or agent of the treasurer.  The security interest arising
   4-66  out of a pledge of securities to secure deposits of the state is
   4-67  created, attaches, and is perfected for all purposes under state
   4-68  law from the time the custodian identifies the pledge of the
   4-69  securities on its books and records and issues the trust receipts.
   4-70  The security interest remains perfected as of that time in the
    5-1  hands of all subsequent custodians and permitted institutions.
    5-2        (g)  In this section, "permitted institution" means a Federal
    5-3  Reserve Bank, a Federal Home Loan Bank, a "clearing corporation" as
    5-4  defined by Section 8.102(c), Business & Commerce Code, the Texas
    5-5  Treasury Safekeeping Trust Company, a state depository, and any
    5-6  state or nationally chartered bank or trust company that is
    5-7  controlled by a bank holding company that controls a state
    5-8  depository.  Neither the state depository that pledges the
    5-9  securities nor any bank that is controlled by a bank holding
   5-10  company that controls that state depository may be the permitted
   5-11  institution with respect to the particular securities pledged by
   5-12  that state depository.  A custodian holding in trust securities of
   5-13  a state depository under Subsections <Subsection> (e) and (f) may
   5-14  deposit the pledged securities with a permitted institution if the
   5-15  permitted institution is the third party to the transaction.  The
   5-16  securities shall be held by the permitted institution to secure
   5-17  funds deposited by the treasurer in the state depository pledging
   5-18  the securities.  On receipt of the securities, the permitted
   5-19  institution shall immediately issue to the custodian an advice of
   5-20  transaction or other document evidencing the deposit of the
   5-21  securities.  When the pledged securities held by a custodian are
   5-22  deposited, the permitted institution may apply book entry
   5-23  procedures to the securities.  The records of the permitted
   5-24  institution shall at all times reflect the name of the custodian
   5-25  depositing the pledged securities.  The custodian shall immediately
   5-26  issue and deliver to the treasurer controlled  trust receipts for
   5-27  the pledged securities.  The trust receipts shall indicate that the
   5-28  custodian has deposited with the permitted institution the pledged
   5-29  securities held in trust for the state depository pledging the
   5-30  securities.  A legal action or proceeding brought by or against the
   5-31  state, arising out of or in connection with the duties of the state
   5-32  depository, the custodian, or other permitted institution under
   5-33  this subchapter must be brought and maintained in state district
   5-34  court in Travis County.  In this section, "control" and "bank
   5-35  holding company" have the meanings assigned by Article 2, Chapter
   5-36  I, The Texas Banking Code (Article 342-102, Vernon's Texas Civil
   5-37  Statutes).
   5-38        (j)  If a state depository fails to credit <pay> a deposit or
   5-39  part of a deposit made by <on the check of> the treasurer, the
   5-40  treasurer may immediately sell or otherwise convert the securities
   5-41  to money <and disburse the money, according to law, on warrants
   5-42  drawn by the comptroller on the funds which the securities
   5-43  secured>.
   5-44        SECTION 9.  The heading of Section 404.032, Government Code,
   5-45  is amended to read as follows:
   5-46        Sec. 404.032.  Deposits <and Investments>.
   5-47        SECTION 10.  Subsections (a) and (d), Section 404.032,
   5-48  Government Code, are amended to read as follows:
   5-49        (a)  The treasurer shall deposit state funds in depositories
   5-50  that satisfy the collateral <security> requirements of this chapter
   5-51  <or invest the funds in investments authorized by Section 404.024>.
   5-52  The treasurer may deposit funds designated as demand deposits only
   5-53  in banks designated as <centrally located depositories and in
   5-54  other> depositories <authorized> by the board.
   5-55        (d)  The treasurer shall keep sufficient money on deposit in
   5-56  demand deposit accounts in banks <depositories> designated by the
   5-57  board as clearing banks <institutions> to meet all current claims
   5-58  on the state.  Items received by the treasurer for collection shall
   5-59  be deposited with a clearing bank <institution> to be credited to
   5-60  the demand deposit account in the bank <depository>.  Checks,
   5-61  drafts, or warrants drawn by the treasurer for the payment of
   5-62  obligations due by the state may be drawn on such an account in
   5-63  such a depository or on the demand deposit account in another state
   5-64  depository so that the checks, drafts, or warrants of the state may
   5-65  at all times pass current as cash.
   5-66        SECTION 11.  Section 404.043, Government Code, is amended to
   5-67  read as follows:
   5-68        Sec. 404.043.  Security Officers.   The treasurer may <shall>
   5-69  employ security officers to provide needed security services for
   5-70  the treasury and may commission the officers as peace officers.
    6-1  The security officers shall give bond in the same manner required
    6-2  by this chapter for employees who handle money or other valuable
    6-3  property as part of their duties.
    6-4        SECTION 12.  Section 404.047, Government Code, is amended to
    6-5  read as follows:
    6-6        Sec. 404.047.  Accounts.  The treasurer shall keep accounts
    6-7  of the receipt and expenditure of the money in the treasury and
    6-8  close the accounts on August 31 of each year.  The treasurer shall
    6-9  keep proper records <legal vouchers>, distinguishing between the
   6-10  receipts and disbursements of each fiscal year.
   6-11        SECTION 13.  Section 404.048, Government Code, is amended to
   6-12  read as follows:
   6-13        Sec. 404.048.  Report.  In addition to the reports required
   6-14  by the constitution, the treasurer shall, as required by <submit to
   6-15  the governor on the first Monday in November of each year, and at
   6-16  other times> the governor <requires>, submit <an exact statement of
   6-17  the condition and situation of the treasury,> a statement of the
   6-18  balance of money remaining in the treasury <to the credit of the
   6-19  state,> and a summary of the receipts and disbursements recorded by
   6-20  <of> the treasury <during the preceding year or for another period
   6-21  of time that may be specially required>.  The treasurer shall
   6-22  exhibit all books, papers, and records <vouchers, and other matters
   6-23  pertaining to the office for examination> on request by the
   6-24  legislature or a branch or committee of the legislature.
   6-25        SECTION 14.  Subsections (b), (d), and (f), Section 404.052,
   6-26  Government Code, are amended to read as follows:
   6-27        (b)  The <state> treasurer shall deposit money received by
   6-28  the treasurer under this section and shall keep a separate account
   6-29  for each municipality, district, or political subdivision.  The
   6-30  payment of interest and principal due on an obligation of the
   6-31  municipality, district, or political subdivision must be on deposit
   6-32  with the treasurer not later than five business days before the
   6-33  date of maturity.  Any charges incurred for late receipt of funds
   6-34  shall be assessed to the municipality, district, or political
   6-35  subdivision.  <As payment of interest and principal becomes due on
   6-36  an obligation, the treasurer of the municipality, district, or
   6-37  political subdivision shall remit to the state treasurer, not later
   6-38  than the 15th day before the date of maturity, the amounts due or
   6-39  to become due on maturity.>  On receipt of those amounts by the
   6-40  <state> treasurer, the treasurer <of the municipality, district, or
   6-41  political subdivision> shall request the comptroller to issue a
   6-42  warrant <to the state treasurer> for the payment of amounts due<,
   6-43  and the state treasurer shall pay the same at the office of the
   6-44  state treasurer.  The warrant shall state on its face:>
   6-45              <(1)  that the proceeds of the warrant are to be
   6-46  applied by the state treasurer to the payment of certain specified
   6-47  bonds or interest coupons described in the warrant;>
   6-48              <(2)  the name of the municipality, district, or
   6-49  political subdivision that issued the obligations;>
   6-50              <(3)  the numbers, amounts, and dates of maturity of
   6-51  the obligations and interest to be paid; and>
   6-52              <(4)  instructions to the state treasurer to return the
   6-53  obligation to the treasurer of the municipality, district, or
   6-54  political subdivision on receipt>.
   6-55        (d)  The <state> treasurer shall collect for the use of the
   6-56  state from the municipality, district, or political subdivision a
   6-57  fee in an amount established by rule of the <state> treasurer that
   6-58  is sufficient to pay the <state> treasurer's cost of
   6-59  administration.  The treasurer of the municipality, district, or
   6-60  political subdivision, at the time of the remittance for the
   6-61  payment of the maturing obligation or interest, shall remit the fee
   6-62  to the <state> treasurer as ex officio treasurer of the
   6-63  municipality, district, or political subdivision.  On receipt of
   6-64  the fee, the <state> treasurer shall deposit <credit> it to the
   6-65  appropriate fund <fees earned>.  The amount of the fees earned, or
   6-66  as much as necessary, is reserved to the <state> treasurer to be
   6-67  used in the administration of this chapter.  Any balance remaining
   6-68  at the end of a fiscal year is available for use in the next fiscal
   6-69  year.
   6-70        (f)  The <state> treasurer shall cancel and return to the
    7-1  municipality, district, or political subdivision depositing funds
    7-2  for the payment of interest coupons or the retirement of bonds the
    7-3  coupons and bonds that have matured or been retired by purchase,
    7-4  together with a statement of the account of the municipality,
    7-5  district, or subdivision showing the amounts received and placed to
    7-6  its credit, service charges, and amount of coupons or bonds
    7-7  retired.  At the request of the municipality, district, or
    7-8  political subdivision, the <state> treasurer shall remit to the
    7-9  municipality, district, or subdivision any balance remaining in
   7-10  custody of the treasurer for more than two years for which bonds or
   7-11  coupons have not been presented for payment.  The municipality,
   7-12  district, or political subdivision shall pay these coupons or bonds
   7-13  when presented.  A municipality, district, or political subdivision
   7-14  is entitled at any reasonable time to a statement of its account
   7-15  with the <state> treasurer.
   7-16        SECTION 15.  Section 404.055, Government Code, is amended to
   7-17  read as follows:
   7-18        Sec. 404.055.  Time and Demand Deposits<; Records and Annual
   7-19  Report>.  <(a)>  The treasurer shall maintain records of the daily
   7-20  balances of and the interest income from funds deposited by the
   7-21  treasurer <or the board> in time and demand deposit accounts in
   7-22  each bank acting as a state depository.  The treasurer shall
   7-23  maintain and preserve those records according to the provisions of
   7-24  Subchapter D, Chapter 441, <the Preservation of Essential Records
   7-25  Act (Article 5441d, Vernon's Texas Civil Statutes)> and of the open
   7-26  records law, Chapter 552 <424, Acts of the 63rd Legislature,
   7-27  Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
   7-28  Statutes)>.
   7-29        <(b)  The treasurer annually shall make a complete report to
   7-30  the legislature and to the governor of the amounts of interest
   7-31  income earned on funds deposited by the treasurer or the board in
   7-32  each state depository.  The report must contain the following:>
   7-33              <(1)  the name of each institution serving as a state
   7-34  depository during the fiscal year;>
   7-35              <(2)  for each institution, the balance at the
   7-36  beginning of the fiscal year, the balance at the end of the fiscal
   7-37  year, and the average daily balance in demand deposit accounts
   7-38  placed by the treasurer or the board;>
   7-39              <(3)  for each institution, the balance at the
   7-40  beginning of the fiscal year, the balance at the end of the fiscal
   7-41  year, the average daily balance in time deposit accounts placed by
   7-42  the treasurer or the board, and the amount of interest income
   7-43  earned on those accounts; and>
   7-44              <(4)  the totals of those amounts aggregated for all
   7-45  state depositories.>
   7-46        SECTION 16.  Section 404.060, Government Code, is amended to
   7-47  read as follows:
   7-48        Sec. 404.060.  Priority of Warrants.  Warrants on the
   7-49  treasury shall be on an equal basis with each other, except that if
   7-50  a question arises concerning the priority of payment of the
   7-51  warrants the treasurer shall determine the priority of payment <and
   7-52  necessity requires, they shall be paid in order of their serial
   7-53  number within each account.>
   7-54        <This section does not apply to:>
   7-55              <(1)  warrants drawn on the game, fish, and water
   7-56  safety account or on funds collected for and appropriated to the
   7-57  Texas Department of Transportation;>
   7-58              <(2)  a special fund created or provided for in the
   7-59  constitution; or>
   7-60              <(3)  a special fund or account consisting of taxes set
   7-61  aside and remitted or donated by the legislature to a county or
   7-62  municipality>.
   7-63        SECTION 17.  Section 404.062, Government Code, is amended to
   7-64  read as follows:
   7-65        Sec. 404.062.  UNDETERMINED REMITTANCES <Daily Statement>.
   7-66  (a)  <The head of each department shall send to the treasurer daily
   7-67  a detailed list of persons remitting money the status of which is
   7-68  undetermined or that is awaiting the time when it can be taken into
   7-69  the treasury and the departments' remittances to the treasury.  The
   7-70  treasurer shall cash the remittances and place them in the treasury
    8-1  vaults or in legally authorized depository banks if the necessity
    8-2  arises.>
    8-3        <(b)  The report from the General Land Office shall include
    8-4  all money for interest, principal, and leases of school,
    8-5  university, asylum, and other lands.>
    8-6        <(c)>  This subsection applies to money the status of which
    8-7  is undetermined or that is awaiting the time when it can be taken
    8-8  into the treasury.  The money shall be placed with the treasurer
    8-9  and credited to the suspense account.  The treasurer shall request
   8-10  and maintain information about the deposit of funds into the
   8-11  suspense account in accordance with Section 403.052.
   8-12        (b) <(d)>  When the status of money placed in the suspense
   8-13  account is determined, the money shall be transferred from the
   8-14  suspense account by placing the portion of it belonging to the
   8-15  state in the appropriate fund in the treasury, and the part not
   8-16  belonging to the state shall be refunded.  The refund shall be made
   8-17  either to the payor of the money or to the payor's estate,
   8-18  assignee, devisee, or other successor-in-interest.
   8-19        (c) <(e)>  When a deposit is made, it and any refunds shall
   8-20  be entered in the suspense cash book, and the balance shall
   8-21  represent the aggregate of the items still in suspense.  Warrants
   8-22  shall be used for making refunds.  The warrants shall be charged
   8-23  against the suspense funds to which they apply.
   8-24        SECTION 18.  Section 404.064, Government Code, is amended to
   8-25  read as follows:
   8-26        Sec. 404.064.  OFFICE FEES <FEE BOOK>.  The treasurer shall
   8-27  keep records of <an office fee book in which the treasurer shall
   8-28  enter in detail> the fees earned by the treasury department.  Those
   8-29  fees shall be deposited to the appropriate fund in the treasury <at
   8-30  the end of each month to the credit of the general revenue fund>.
   8-31        SECTION 19.  Section 404.065, Government Code, is amended to
   8-32  read as follows:
   8-33        Sec. 404.065.  CASH BALANCING <BOOK>.  The treasurer shall
   8-34  keep records <a book, to be called the cash balancing book,> for
   8-35  the purpose of arriving at the daily cash balance.  The daily
   8-36  totals of receipts and disbursements and the amount of cash on hand
   8-37  and in depository banks shall be recorded <entered in the book.  A
   8-38  copy of the book entry for each day shall be furnished daily to the
   8-39  comptroller>.
   8-40        SECTION 20.  Section 404.067, Government Code, is amended to
   8-41  read as follows:
   8-42        Sec. 404.067.  SAFEKEEPING; INVESTMENT AGENCIES <BOND BOOK>.
   8-43  (a)  The treasurer shall keep custodial records that <a bond book
   8-44  in which> shall reflect all deposits and releases of securities <be
   8-45  entered warrants or authorizations to receive or relinquish bonds>
   8-46  held by the treasurer and belonging to a state investment agency
   8-47  <fund>.
   8-48        (b)  The treasurer shall keep appropriate ledger accounts
   8-49  that include a short description <of the essential features> of
   8-50  each security held in safekeeping for certain investment agencies
   8-51  of the state<, of each bond or of each purchase of similar bonds or
   8-52  other securities purchased by and belonging to the permanent school
   8-53  fund and other funds of the state.  Those accounts shall be charged
   8-54  with the principal of the bond or purchase and with each separate
   8-55  item of interest to accrue to the principal and shall be credited
   8-56  with payments as made>.
   8-57        (c)  The treasurer shall keep controlling or total accounts
   8-58  of <bonds or other> securities in the general ledger.  Those
   8-59  accounts shall be kept with respect to the total amount of bonds or
   8-60  other securities belonging to each separate fund.
   8-61        (d)  <The treasurer shall keep controlling accounts for
   8-62  interest to accrue on the bonds.  The accounts shall be set up at
   8-63  the beginning of the fiscal year for bonds or other securities
   8-64  owned at that time and for subsequent purchases when the bonds or
   8-65  securities are purchased.>
   8-66        <(e)>  Those controlling accounts shall be balanced monthly
   8-67  with the sum of the individual accounts for <bonds or> securities,
   8-68  which also shall be balanced monthly, and shall correspond to
   8-69  similar accounts kept by the comptroller.
   8-70        SECTION 21.  Section 404.068, Government Code, is amended to
    9-1  read as follows:
    9-2        Sec. 404.068.  STATE REGULATORY AGENCIES SAFEKEEPING AND
    9-3  PLEDGED COLLATERAL <Securities Register>.  (a)  The treasurer shall
    9-4  keep a suitable system <register> in which shall be entered all
    9-5  <bonds, cash, and other> securities deposited with the treasurer by
    9-6  <bond investment, surety, and insurance companies and> state
    9-7  depositories <depository banks> and other state agencies <all other
    9-8  bonds or securities deposited with the treasurer under a statute if
    9-9  the registration of the bonds or securities is not otherwise
   9-10  provided for by law>.  The treasurer shall enter in the system
   9-11  <register> the authorizations to deposit <receive> or release
   9-12  <relinquish> the <bonds or> securities.
   9-13        (b)  The treasurer shall keep a securities ledger in which
   9-14  appropriate accounts for each custodial agency are kept <all
   9-15  matters for which those authorizations are issued shall be kept>.
   9-16  That ledger shall be balanced monthly against control accounts kept
   9-17  in the general ledger and against corresponding accounts kept by
   9-18  the comptroller.
   9-19        SECTION 22.  Section 404.070, Government Code, is amended to
   9-20  read as follows:
   9-21        Sec. 404.070.  Validity of VOIDED Warrants <Payable From a
   9-22  Suspense or Trust Fund>.  (a)  A warrant issued by the comptroller
   9-23  in payment of refunds from a <suspense or trust> fund in the
   9-24  treasury becomes void unless presented to the treasurer for payment
   9-25  before two years after the end of the fiscal year in which the
   9-26  warrant was issued.  The sum of money represented by a warrant
   9-27  voided under this section shall be transferred by the comptroller
   9-28  from the <suspense> fund from which the warrant was originally
   9-29  issued to the general revenue fund.  Claims for the payment of a
   9-30  voided warrant may be presented to the legislature for
   9-31  appropriation from which the warrant may be paid.  This section
   9-32  does not affect the laws regulating the payment of other warrants
   9-33  issued by the comptroller.
   9-34        (b)  When a transfer of money under this section is made, the
   9-35  treasurer shall prepare a list of the outstanding warrants
   9-36  representing the transfer.  The list must show <the name of the
   9-37  payee,> the date of the original warrant, the departmental suspense
   9-38  account against which the warrant was originally drawn, the
   9-39  original warrant number, and the amount of the original warrant.
   9-40  The list shall be maintained as a permanent record in the office of
   9-41  the treasurer <and proper notation shall be made on each entry on
   9-42  the list when the legislature makes appropriation for the refund of
   9-43  the amount listed>.
   9-44        SECTION 23.  Subsection (e), Section 404.071, Government
   9-45  Code, is amended to read as follows:
   9-46        (e)  The treasurer shall provide the comptroller information
   9-47  necessary for <notify> the comptroller to compute <of> the amount
   9-48  of interest to be paid from the general revenue fund as a result of
   9-49  the federal Cash Management Improvement Act of 1990 (31 U.S.C.
   9-50  Section 6501 et seq.).  The treasurer shall provide the information
   9-51  <notifications> in accordance with the comptroller's requirements
   9-52  for frequency, method, and format.
   9-53        SECTION 24.  Section 404.095, Government Code, is amended to
   9-54  read as follows:
   9-55        Sec. 404.095.  Electronic Transfer of Certain Payments.
   9-56  (a)  This section applies only to a state agency that during the
   9-57  preceding state fiscal year collected or received more than $50
   9-58  million in fees, fines, penalties, taxes, charges, gifts, grants,
   9-59  donations, and other funds, excluding federal grants and interest
   9-60  and dividend income.
   9-61        (b)  If during the preceding state fiscal year a person paid
   9-62  a state agency a total of $500,000 or more in a category of
   9-63  payments and the agency reasonably anticipates that during the
   9-64  current state fiscal year the person will pay the agency $500,000
   9-65  or more in a category of payments, the state agency shall require
   9-66  the person to transfer payment amounts <of $25,000 or more> due to
   9-67  the agency in that category, on or before the date the payment is
   9-68  due, by one <or more> of the means of electronic funds transfer
   9-69  approved by the treasurer.  For the purposes of this section, each
   9-70  of the following is a separate category of payments to a state
   10-1  agency:
   10-2              (1)  fees;
   10-3              (2)  fines;
   10-4              (3)  civil penalties;
   10-5              (4)  taxes, with each type of tax specified by the
   10-6  treasurer being considered a separate category; and
   10-7              (5)  other payments to the state agency, excluding
   10-8  extraordinary payments such as gifts, grants, donations, interest
   10-9  and dividend income, and one time surcharges.
  10-10        (c)  A state agency by rule may require a person other than a
  10-11  person subject to Subsection (b) to transfer all payment amounts
  10-12  <of $10,000 or more> due in a category of payments to the agency on
  10-13  or before the date the payment is due by electronic funds transfer
  10-14  <if the person paid the agency a total of $250,000 or more in that
  10-15  category of payments>.
  10-16        (d)  A person's failure to transfer payment amounts by
  10-17  electronic funds transfer may result in the assessment of a penalty
  10-18  by the state agency in an amount equal to five percent of the
  10-19  payment amount.
  10-20        (e)  The treasurer shall adopt rules specifying approved
  10-21  means of electronic funds transfer and specifying the types of
  10-22  taxes constituting separate categories.  A person's failure to
  10-23  comply with the rules may result in the assessment of a penalty by
  10-24  the state agency in an amount equal to five percent of the payment
  10-25  amount.
  10-26        (f) <(e)>  To the extent of any conflict between this section
  10-27  and another law specifying the time or manner of making a payment
  10-28  to the agency, this section controls.  This section does not affect
  10-29  a law specifying the time for the filing of a return or other
  10-30  report related to the payment.
  10-31        (g) <(f)>  A state agency may not require payment by
  10-32  electronic funds transfer of a protested tax payment.
  10-33        SECTION 25.  Section 404.105, Government Code, is amended to
  10-34  read as follows:
  10-35        Sec. 404.105.  Capital or Reserve Requirements.  The trust
  10-36  company shall have capital stock or reserve balances in an amount
  10-37  required by applicable regulatory bodies for eligibility for
  10-38  federal reserve services, but the amount may not be more than $1
  10-39  million.  The stock of the trust company is an authorized
  10-40  investment for state funds and<,> shall be held by the treasurer<,
  10-41  and shall be acquired by the treasurer on an order of the state
  10-42  depository board>.
  10-43        SECTION 26.  Section 404.106, Government Code, is amended by
  10-44  adding Subsection (c) to read as follows:
  10-45        (c)  With respect to specific funds held by the trust company
  10-46  for a particular participant, the trust company has the same
  10-47  investment authority as that participant for those specific funds.
  10-48        SECTION 27.  Subsection (d), Section 404.123, Government
  10-49  Code, is amended to read as follows:
  10-50        (d)  All notes must mature and be paid in full during the
  10-51  fiscal biennium in which they were issued.  The notes must be
  10-52  signed by the governor.  <The interest rate on the notes must be
  10-53  set so that the amount equal to the total amount of interest to be
  10-54  paid on the notes plus the costs of issuance of the notes does not
  10-55  exceed the amount of interest that would be paid on the notes if
  10-56  the interest rate on the notes were one percent less than one of
  10-57  the following, as computed by the treasurer:>
  10-58              <(1)  the average interest yield being earned on funds
  10-59  invested by the treasurer as of the date of the notes' issuance; or>
  10-60              <(2)  the projected average interest yield to be earned
  10-61  on funds invested by the treasurer over the life of the note
  10-62  issue.>
  10-63        SECTION 28.  The following provisions are repealed:
  10-64              (1)  Subsections (e) and (f), Section 404.0245, and
  10-65  Sections 404.025 and 404.061, Government Code; and
  10-66              (2)  Section 2, Chapter 234, Acts of the 73rd
  10-67  Legislature, 1993.
  10-68        SECTION 29.  (a)  A regulated financial institution that is
  10-69  acting as a depository of funds subject to Section 404.0212,
  10-70  Government Code, as added by this Act, on the effective date of
   11-1  this Act and that does not have an assigned rating under 12 U.S.C.
   11-2  Section 2906 that satisfies the requirement of that section may
   11-3  continue to hold the funds only for the period necessary to avoid
   11-4  the imposition of a penalty on the state.
   11-5        (b)  Subsection (f), Section 404.0212, Government Code, as
   11-6  added by this Act, applies only to depository contracts executed on
   11-7  or after the effective date of this Act.
   11-8        SECTION 30.  This Act takes effect immediately, except that a
   11-9  state depository approved before the effective date of this Act and
  11-10  operating as a state depository on the effective date of this Act
  11-11  is not required to meet a requirement of Chapter 404, Government
  11-12  Code, as amended or added by this Act, until January 1, 1996.
  11-13        SECTION 31.  The importance of this legislation and the
  11-14  crowded condition of the calendars in both houses create an
  11-15  emergency and an imperative public necessity that the
  11-16  constitutional rule requiring bills to be read on three several
  11-17  days in each house be suspended, and this rule is hereby suspended,
  11-18  and that this Act take effect and be in force from and after its
  11-19  passage, and it is so enacted.
  11-20                               * * * * *