1-1  By:  Ellis                                             S.J.R. No. 1
    1-2        (In the Senate - Filed March 1, 1995; March 2, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  March 9, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 7, Nays 6; March 9, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                               By:  Rosson
    1-7  Amend S.J.R. No. 1, in SECTION 1, Subsection (b), by striking
    1-8  "August 31, 1996" and inserting "September 1, 1996" in lieu
    1-9  thereof.
   1-10                        SENATE JOINT RESOLUTION
   1-11  proposing a constitutional amendment abolishing the office of state
   1-12  treasurer.
   1-13        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  The following temporary provision is added to the
   1-15  Texas Constitution:
   1-16        TEMPORARY PROVISION.  (a)  This temporary provision applies
   1-17  to the constitutional amendment proposed by the 74th Legislature,
   1-18  Regular Session, 1995, abolishing the constitutional office of
   1-19  state treasurer.
   1-20        (b)  The constitutional office of state treasurer is
   1-21  abolished effective August 31, 1996.  The transfer of specific
   1-22  constitutional powers and duties to the comptroller of public
   1-23  accounts under the constitutional amendment takes effect on that
   1-24  date.  The statutory powers and duties and the property and other
   1-25  obligations of the state treasurer are transferred to officers and
   1-26  agencies of state government in the manner that the legislature
   1-27  provides by general law.
   1-28        (c)  This temporary provision expires September 1, 1997.
   1-29        SECTION 2.  Section 49-e, Article III, Texas Constitution, is
   1-30  amended to read as follows:
   1-31        Sec. 49-e.  The Parks and Wildlife Department, or its
   1-32  successor vested with the powers, duties, and authority which deals
   1-33  with the operation, maintenance, and improvement of State Parks,
   1-34  shall have the authority to provide for, issue and sell general
   1-35  obligation bonds of the State of Texas in an amount not to exceed
   1-36  Seventy-Five Million Dollars ($75,000,000).  The bonds authorized
   1-37  herein shall be called "Texas Park Development Bonds," shall be
   1-38  executed in such form, denominations, and upon such terms as may be
   1-39  prescribed by law, provided, however, that the bonds shall bear a
   1-40  rate or rates of interest as may be fixed by the Parks and Wildlife
   1-41  Department or its successor, but the weighted average annual
   1-42  interest rate, as that phrase is commonly and ordinarily used and
   1-43  understood in the municipal bond market, of all the bonds issued
   1-44  and sold in any installment of any bonds, shall not exceed four and
   1-45  one-half percent (4 1/2%) interest per annum; they may be issued in
   1-46  such installments as said Parks and Wildlife Department, or its
   1-47  said successor, finds feasible and practical in accomplishing the
   1-48  purpose set forth herein.
   1-49        All moneys received from the sale of said bonds shall be
   1-50  deposited in a fund hereby created with the Comptroller of Public
   1-51  Accounts of the State of Texas <State Treasurer> to be known as the
   1-52  Texas Park Development Fund to be administered (without further
   1-53  appropriation) by the said Parks and Wildlife Department, or its
   1-54  said successor, in such manner as prescribed by law.
   1-55        Such fund shall be used by said Parks and Wildlife
   1-56  Department, or its said successor, under such provisions as the
   1-57  Legislature may prescribe by general law, for the purposes of
   1-58  acquiring lands from the United States, or any governmental agency
   1-59  thereof, from any governmental agency of the State of Texas, or
   1-60  from any person, firm, or corporation, for State Park Sites and for
   1-61  developing said sites as State Parks.
   1-62        While any of the bonds authorized by this provision, or any
   1-63  interest on any such bonds, is outstanding and unpaid, there is
   1-64  hereby appropriated out of the first moneys coming into the
   1-65  Treasury in each fiscal year, not otherwise appropriated by this
   1-66  Constitution, an amount which is sufficient to pay the principal
   1-67  and interest on such bonds that mature or become due during such
   1-68  fiscal year, less the amount in the interest and sinking fund at
    2-1  the close of the prior fiscal year, which includes any receipts
    2-2  derived during the prior fiscal year by said Parks and Wildlife
    2-3  Department, or its said successor, from admission charges to State
    2-4  Parks, as the Legislature may prescribe by general law.
    2-5        The Legislature may provide for the investment of moneys
    2-6  available in the Texas Park Development Fund and the interest and
    2-7  sinking fund established for the payment of bonds issued by said
    2-8  Parks and Wildlife Department, or its said successor.  Income from
    2-9  such investment shall be used for the purposes prescribed by the
   2-10  Legislature.
   2-11        From the moneys received by said Parks and Wildlife
   2-12  Department, or its said successor, from the sale of the bonds
   2-13  issued hereunder, there shall be deposited in the interest and
   2-14  sinking fund for the bonds authorized by this section sufficient
   2-15  moneys to pay the interest to become due during the State fiscal
   2-16  year in which the bonds were issued.  After all bonds have been
   2-17  fully paid with interest, or after there are on deposit in the
   2-18  interest and sinking fund sufficient moneys to pay all future
   2-19  maturities of principal and interest, additional moneys received
   2-20  from admission charges to State Parks shall be deposited to the
   2-21  State Parks Fund, or any successor fund which may be established by
   2-22  the Legislature as a depository for Park revenue earned by said
   2-23  Parks and Wildlife Department, or its said successor.
   2-24        All bonds issued hereunder shall after approval by the
   2-25  Attorney General, registration by the Comptroller of Public
   2-26  Accounts of the State of Texas, and delivery to the purchasers, be
   2-27  incontestable and shall constitute general obligations of the State
   2-28  of Texas under the Constitution of Texas.
   2-29        Should the Legislature enact enabling laws in anticipation of
   2-30  the adoption of this amendment, such Acts shall not be void by
   2-31  reason of their anticipatory nature.
   2-32        SECTION 3.  Subsection (b), Section 49-f, Article III, Texas
   2-33  Constitution, is amended to read as follows:
   2-34        (b)  All money received from the sale of the bonds shall be
   2-35  deposited in a fund created with the comptroller of public accounts
   2-36  <state treasurer> to be known as the farm and ranch finance program
   2-37  fund.  This fund shall be administered by the Veterans' Land Board
   2-38  in the manner prescribed by law.
   2-39        SECTION 4.  Subsections (i) and (j), Section 49-g, Article
   2-40  III, Texas Constitution, as proposed by H.J.R. No. 2, 70th
   2-41  Legislature, Regular Session, 1987, are amended to read as follows:
   2-42        (i)  The comptroller <state treasurer> shall credit to
   2-43  general revenue interest due to the economic stabilization fund
   2-44  that would result in an amount in the economic stabilization fund
   2-45  that exceeds the limit in effect under Subsection (g) of this
   2-46  section.
   2-47        (j)  The comptroller<, with the consent of the state
   2-48  treasurer,> may transfer money from the economic stabilization fund
   2-49  to general revenue to prevent or eliminate a temporary cash
   2-50  deficiency in general revenue.  The comptroller shall return the
   2-51  amount transferred to the economic stabilization fund as soon as
   2-52  practicable, but not later than August 31 of each odd-numbered
   2-53  year.  The comptroller <state treasurer> shall allocate the
   2-54  depository interest as if the transfers had not been made.  If the
   2-55  comptroller submits a statement to the governor and the legislature
   2-56  under Article III, Section 49a, of this constitution when money
   2-57  from the economic stabilization fund is in general revenue, the
   2-58  comptroller shall state that the transferred money is not available
   2-59  for appropriation from general revenue.
   2-60        SECTION 5.  Subsection (b), Section 50c, Article III, Texas
   2-61  Constitution, is amended to read as follows:
   2-62        (b)  All money received from the sale of Farm and Ranch Loan
   2-63  Security Bonds shall be deposited in a fund hereby created with the
   2-64  comptroller of public accounts <State Treasurer> to be known as the
   2-65  "Farm and Ranch Loan Security Fund."  This fund shall be
   2-66  administered without further appropriation by the commissioner of
   2-67  agriculture in the manner prescribed by law.
   2-68        SECTION 6.  Section 61, Article III, Texas Constitution, as
   2-69  proposed by S.J.R. No. 5, 53rd Legislature, Regular Session, 1953,
   2-70  is amended to read as follows:
    3-1        Sec. 61.  The Legislature shall not fix the salary of the
    3-2  Governor, Attorney General, Comptroller of Public Accounts, <the
    3-3  Treasurer,> Commissioner of the General Land Office or Secretary of
    3-4  State at a sum less than that fixed for such officials in the
    3-5  Constitution on January 1, 1953.
    3-6        SECTION 7.  Section 1, Article IV, Texas Constitution, is
    3-7  amended to read as follows:
    3-8        Sec. 1.  The Executive Department of the State shall consist
    3-9  of a Governor, who shall be the Chief Executive Officer of the
   3-10  State, a Lieutenant Governor, Secretary of State, Comptroller of
   3-11  Public Accounts, <Treasurer,> Commissioner of the General Land
   3-12  Office, and Attorney General.
   3-13        SECTION 8.  Section 23, Article IV, Texas Constitution, is
   3-14  amended to read as follows:
   3-15        Sec. 23.  The comptroller of Public Accounts, <the
   3-16  Treasurer,> the Commissioner of the General Land Office, and any
   3-17  statutory State officer who is elected by the electorate of Texas
   3-18  at large, unless a term of office is otherwise specifically
   3-19  provided in this Constitution, shall each hold office for the term
   3-20  of four years and until his successor is qualified.  The four-year
   3-21  term applies to these officers who are elected at the general
   3-22  election in 1974 or thereafter.  Each shall receive an annual
   3-23  salary in an amount to be fixed by the Legislature; reside at the
   3-24  Capital of the State during his continuance in office, and perform
   3-25  such duties as are or may be required by law.  They and the
   3-26  Secretary of State shall not receive to their own use any fees,
   3-27  costs or perquisites of office.  All fees that may be payable by
   3-28  law for any service performed by any officer specified in this
   3-29  section or in his office, shall be paid, when received, into the
   3-30  State Treasury.
   3-31        SECTION 9.  Section 4, Article VII, Texas Constitution, is
   3-32  amended to read as follows:
   3-33        Sec. 4.  The lands herein set apart to the Public Free School
   3-34  fund, shall be sold under such regulations, at such times, and on
   3-35  such terms as may be prescribed by law; and the Legislature shall
   3-36  not have power to grant any relief to purchasers thereof.  The
   3-37  proceeds of such sales must be used to acquire other land for the
   3-38  Public Free School fund as provided by law or the proceeds shall be
   3-39  invested by the comptroller of public accounts <treasurer>, as may
   3-40  be directed by the Board of Education herein provided for, in the
   3-41  bonds of the United States, the State of Texas, or counties in said
   3-42  State, or in such other securities, and under such restrictions as
   3-43  may be prescribed by law; and the State shall be responsible for
   3-44  all investments.
   3-45        SECTION 10.  Section 11b, Article VII, Texas Constitution, is
   3-46  amended to read as follows:
   3-47        Sec. 11b.  Notwithstanding any other provision of this
   3-48  constitution, in managing the assets of the permanent university
   3-49  fund, the Board of Regents of The University of Texas System may
   3-50  acquire, exchange, sell, supervise, manage, or retain, through
   3-51  procedures and subject to restrictions it establishes and in
   3-52  amounts it considers appropriate, any kind of investment, including
   3-53  investments in the Texas growth fund created by Article XVI,
   3-54  Section 70, of this constitution, that persons of ordinary
   3-55  prudence, discretion, and intelligence, exercising the judgment and
   3-56  care under the circumstances then prevailing, acquire or retain for
   3-57  their own account in the management of their affairs, not in regard
   3-58  to speculation but in regard to the permanent disposition of their
   3-59  funds, considering the probable income as well as the probable
   3-60  safety of their capital.  This section does not affect the <state
   3-61  treasurer's> custodial responsibilities of the comptroller of
   3-62  public accounts for public funds, securities, and other evidences
   3-63  of investment.
   3-64        SECTION 11.  Subsection (l), Section 17, Article VII, Texas
   3-65  Constitution, is amended to read as follows:
   3-66        (l)  This section is self-enacting upon the issuance of the
   3-67  governor's proclamation declaring the adoption of the amendment,
   3-68  and the state comptroller of public accounts <and the state
   3-69  treasurer> shall do all things necessary to effectuate this
   3-70  section.  This section does not impair any obligation created by
    4-1  the issuance of any bonds and notes in accordance with prior law,
    4-2  and all outstanding bonds and notes shall be paid in full, both
    4-3  principal and interest, in accordance with their terms.  If the
    4-4  provisions of this section conflict with any other provisions of
    4-5  this constitution, then the provisions of this section shall
    4-6  prevail, notwithstanding all such conflicting provisions.
    4-7        SECTION 12.  Subsection (j), Section 18, Article VII, Texas
    4-8  Constitution, is amended to read as follows:
    4-9        (j)  This section is self-enacting on the issuance of the
   4-10  governor's proclamation declaring the adoption of this amendment,
   4-11  and the state comptroller of public accounts <and the state
   4-12  treasurer> shall do all things necessary to effectuate this
   4-13  section.  This section does not impair any obligation created by
   4-14  the issuance of bonds or notes in accordance with prior law, and
   4-15  all outstanding bonds and notes shall be paid in full, both
   4-16  principal and interest, in accordance with their terms, and the
   4-17  changes herein made in the allocation of the available university
   4-18  fund shall not affect the pledges thereof made in connection with
   4-19  such bonds or notes heretofore issued.  If the provisions of this
   4-20  section conflict with any other provision of this constitution,
   4-21  then the provisions of this section shall prevail, notwithstanding
   4-22  any such conflicting provisions.
   4-23        SECTION 13.  Section 2, Article XV, Texas Constitution, is
   4-24  amended to read as follows:
   4-25        Sec. 2.  Impeachment of the Governor, Lieutenant Governor,
   4-26  Attorney General, <Treasurer,> Commissioner of the General Land
   4-27  Office, Comptroller and the Judges of the Supreme Court, Court of
   4-28  Appeals and District Court shall be tried by the Senate.
   4-29        SECTION 14.  Subsections (h) and (q), Section 70, Article
   4-30  XVI, Texas Constitution, are amended to read as follows:
   4-31        (h)  The board of trustees shall establish and operate the
   4-32  fund to the extent practical under the generally accepted business
   4-33  procedures relating to a mutual fund and shall value the
   4-34  investments for determining the purchase or sales price of
   4-35  participating shares of investing funds or systems participating in
   4-36  the fund consistent with investment contracts.  Evidences of
   4-37  participation in the fund shall be held by the comptroller of
   4-38  public accounts <state treasurer> in keeping with the custodial
   4-39  responsibilities of that office.
   4-40        (q)  This section is self-executing and takes effect on its
   4-41  adoption by the voters.  All state officials named in this
   4-42  section<, the state treasurer,> and the comptroller of public
   4-43  accounts shall take all necessary actions for the implementation of
   4-44  this section.  The legislature shall provide by law for full
   4-45  disclosure of all details concerning investments authorized by this
   4-46  section.
   4-47        SECTION 15.  This proposed constitutional amendment shall be
   4-48  submitted to the voters at an election to be held November 7, 1995.
   4-49  The ballot shall be printed to permit voting for or against the
   4-50  proposition:  "The constitutional amendment abolishing the office
   4-51  of state treasurer."
   4-52                               * * * * *