IMF H.B. 2841 75(R)BILL ANALYSIS


STATE AFFAIRS
H.B. 2841
By: Stiles
4-11-97
Committee Report (Amended)



BACKGROUND 

The 74th Legislature proposed S.J.R. 1 to abolish the constitutional
office of state treasurer. Under S.B. 20, the implementing legislation for
S.J.R. 1, all powers and duties of the state treasurer were transferred to
the comptroller of public accounts. The voters approved S.J.R. 1 and the
office of state treasurer was accordingly abolished effective September 1,
1996.  

In transferring the responsibilities of the treasurer to the comptroller,
the bill makes some quasisubstantive changes.  For example, both the
treasurer and the comptroller had to review bonds, resulting in two
reviews and certifications.  Under the proposed bill, the comptroller
would only have to complete one review of bonds while dropping the
additional review required of the treasurer.  Such a change from two
reviews to one may be considered a substantive change. 

PURPOSE

As proposed, H.B. 2841 would make conforming changes to the statutes to
reflect the abolition of the office of State Treasurer. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does expressly grant
additional rulemaking authority to the Office of the Comptroller of Public
Accounts. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.   Amends the Alcoholic Beverage Code to reflect the abolishment
of the office of state treasurer.  
 
ARTICLE 2.  Amends the Agriculture Code to reflect the abolishment of the
office of state treasurer.  
 
ARTICLE 3.  Amends the Business Corporation Act to reflect the abolishment
of the office of state treasurer.  
 
ARTICLE 4.  Amends the Code of Criminal Procedure to reflect the
abolishment of the office of state treasurer.  
 
ARTICLE 5.  Amends the Education Code to reflect the abolishment of the
office of state treasurer.  
 
ARTICLE 6.  Amends the Election Code to reflect the abolishment of the
office of state treasurer.  
 
ARTICLE 7.  Amends Chapters 403 and 404 of the Government Code to reflect
the abolishment of the office of state treasurer.  

ARTICLE 8.  Amends the other provisions of the Government Code to reflect
the abolishment of the office of state treasurer.  
 
ARTICLE 9.  Amends the Human Resources Code to reflect the abolishment of
the office of state treasurer.  

ARTICLE 10.  Amends the Health and Safety Code to reflect the abolishment
of the office of state treasurer.  

ARTICLE 11.  Amends the Insurance Code to reflect the abolishment of the
office of state treasurer.  

ARTICLE 12.  Amends the Labor Code to reflect the abolishment of the
office of state treasurer.  

ARTICLE 13.  Amends the Local Government Code to reflect the abolishment
of the office of state treasurer.  

ARTICLE 14.  Amends the Natural Resources Code to reflect the abolishment
of the office of state treasurer.  

ARTICLE 15.  Amends the Texas Probate Code to reflect the abolishment of
the office of state treasurer.  

ARTICLE 16.  Amends the Property Code to reflect the abolishment of the
office of state treasurer.  

ARTICLE 17.  Amends the Parks and Wildlife Code to reflect the abolishment
of the office of state treasurer.  

ARTICLE 18.  Amends the Transportation Code to reflect the abolishment of
the office of state treasurer.  

ARTICLE 19.  Amends the Tax Code to reflect the abolishment of the office
of state treasurer.  

ARTICLE 20.  Amends the Water Code to reflect the abolishment of the
office of state treasurer. 

ARTICLE 21.  Amends Vernon's Texas Civil Statutes to reflect the
abolishment of the office of state treasurer.  

ARTICLE 22.  Contains a statement of purpose; establishes that the bill
does not revive an abolished fund or account or an abolished dedication of
revenue for a particular purpose; sets the effective date at September 1,
1997; provides an emergency clause.  


EXPLANATION OF AMENDMENTS

Committee amendment number 1 corrects an error found in the Legislative
Council database.   

Committee amendment number 2 deletes the section dealing with Bingo taxes
and fees previously collected by the treasurer; these fees are currently
collected by the Lottery Commission, not the Comptroller.