SBW S.B. 397 75(R)BILL ANALYSIS


PENSIONS & INVESTMENTS
S.B. 397
By: Gallegos (Torres)
5-14-97
Committee Report (Unamended)


BACKGROUND

Currently, a council of government created under Chapter 391, Local
Government Code, cannot have an officer or employee serve as an investment
officer.  The original intent of the codified section was to prohibit an
officer or employee from serving in a local government capacity and
governmental capacity under Chapter 399.  This bill prohibits a person
from serving in a dual capacity, but allows a regional planning commission
officer or employee to serve as required. 

PURPOSE

As proposed, S.B. 397 prohibits a person from serving in a dual capacity,
but allows a regional planning commission officer or employee to serve as
required. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2256.005(h), Government Code, to provide that an
officer or employee of a commission which is a regional planning
commission, council of government, or similar planning agency (commission)
created under Chapter 391, Local Government Code, is ineligible to be an
investment officer for the commission under Subsection (f) if the officer
or employee is an investment officer designated under Subsection (f) for
another local government. Makes a conforming change. 

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.