1-1                                   AN ACT

 1-2     relating to the abolition of unnecessary governmental entities.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4            ARTICLE 1.  ABOLITION OF UNIFORM STATEWIDE ACCOUNTING

 1-5                         PROJECT ADVISORY COMMITTEE

 1-6           SECTION 1.01.  The uniform statewide accounting project

 1-7     advisory committee is abolished.

 1-8           SECTION 1.02.  Section 2101.031(b), Government Code, is

 1-9     amended to read as follows:

1-10           (b)  The project includes each component of the uniform

1-11     statewide accounting system as designed in accordance with Chapter

1-12     852, Acts of the 70th Legislature, Regular Session, 1987, and as

1-13     defined by Section 1, Chapter 781, Acts of the 71st Legislature,

1-14     Regular Session, 1989, [and as developed or revised by the project

1-15     advisory committee,] including:

1-16                 (1)  the uniform statewide accounting system (USAS) and

1-17     related subsystems;

1-18                 (2)  the uniform statewide payroll system (USPS);

1-19                 (3)  the human resource information system (HRIS);

1-20                 (4)  the budget execution and monitoring system

1-21     (BEAMS); and

1-22                 (5)  the statewide telecommunication network system.

1-23           SECTION 1.03.  Section 2101.035(d), Government Code, is

1-24     amended to read as follows:

 2-1           (d)  The comptroller shall ensure that the system encompasses

 2-2     each state agency.  The comptroller may[, after consulting with the

 2-3     project advisory committee,] exclude any state agency from the

 2-4     centralized computation function of the statewide payroll component

 2-5     of the system.

 2-6           SECTION 1.04.  Section 2101.038, Government Code, is amended

 2-7     to read as follows:

 2-8           Sec. 2101.038.  DUTIES OF STATE AUDITOR.  The state auditor,

 2-9     when reviewing the operation of a state agency, shall audit for

2-10     compliance with the uniform statewide accounting system, the

2-11     comptroller's rules, and the Legislative Budget Board's performance

2-12     and workload measures.  The state auditor shall notify [the project

2-13     advisory committee,] the comptroller, the governor, and the

2-14     Legislative Budget Board as soon as practicable when a state agency

2-15     is not in compliance.

2-16           SECTION 1.05.  Section 2101.039, Government Code, is amended

2-17     to read as follows:

2-18           Sec. 2101.039.  CONTRACTS; EXEMPTION.  [(a)]  Contracts made

2-19     under this subchapter are not subject to:

2-20                 (1)  Subtitle D [the State Purchasing and General

2-21     Services Act (Article 601b, Vernon's Texas Civil Statutes)];

2-22                 (2)  Chapter 2254; or

2-23                 (3)  Chapter 2054.

2-24           [(b)  The project director must submit all proposed contracts

2-25     for professional or consulting services and all proposed purchases

2-26     of computer equipment or software to the project advisory committee

2-27     for review and recommendation before procurement.]

 3-1           SECTION 1.06.  (a)  Section 2101.032, Government Code, is

 3-2     repealed.

 3-3           (b)  Section 2101.035(b), Government Code, is repealed.

 3-4                   ARTICLE 2.  ABOLITION OF RUNNELS COUNTY

 3-5                               WATER AUTHORITY

 3-6           SECTION 2.01.  The Runnels County Water Authority is

 3-7     abolished.

 3-8           SECTION 2.02.  Chapter 376, Acts of the 54th Legislature,

 3-9     Regular Session, 1955 (Article 8280-176, Vernon's Texas Civil

3-10     Statutes), is repealed.

3-11               ARTICLE 3.  ABOLITION OF STATE DEPOSITORY BOARD

3-12           SECTION 3.01.  The State Depository Board is abolished. All

3-13     powers, duties, rights, and obligations of the board are

3-14     transferred to the comptroller. All records, funds, contracts, or

3-15     other property of the board are transferred to the comptroller.

3-16           SECTION 3.02.  Sections 44.007(f)-(i), Agriculture Code, are

3-17     amended to read as follows:

3-18           (f)  After reviewing each linked deposit loan application,

3-19     the board shall recommend to the comptroller [state treasurer] the

3-20     acceptance or rejection of the application.

3-21           (g)  After acceptance of the application, the comptroller

3-22     [state treasurer] shall place a linked deposit with the applicable

3-23     eligible lending institution for the period the comptroller

3-24     [treasurer] considers appropriate.  The comptroller [state

3-25     treasurer] may  not place a deposit for a period extending beyond

3-26     the state fiscal biennium in which it is placed.  Subject to the

3-27     limitation described by Section 44.010 of this chapter, the

 4-1     comptroller [treasurer] may place time deposits at an interest rate

 4-2     described by  Section 44.001(5)(A) of this chapter[,

 4-3     notwithstanding any order of the State Depository Board to the

 4-4     contrary].

 4-5           (h)  Before the placing of a linked deposit, the eligible

 4-6     lending institution and the state, represented by the comptroller

 4-7     [state treasurer] and the board, shall enter into a written deposit

 4-8     agreement containing the conditions on which the linked deposit is

 4-9     made.

4-10           (i)  If a lending institution holding linked deposits ceases

4-11     to be a state depository, the comptroller [state treasurer] may

4-12     withdraw the linked deposits.

4-13           SECTION 3.03.  Section 404.013, Government Code, is amended

4-14     to read as follows:

4-15           Sec. 404.013.  RULES.  The comptroller [board] may adopt and

4-16     enforce rules governing the establishment and conduct of state

4-17     depositories and the investment of state funds in the depositories

4-18     that the public interest requires and that are not inconsistent

4-19     with the law governing the depositories. [The rules must be entered

4-20     in the minutes of the board.]

4-21           SECTION 3.04.  Sections 404.021(a)-(c), Government Code, are

4-22     amended to read as follows:

4-23           (a)  Any state or national bank doing business in the state

4-24     may be designated by the comptroller [board] as a state depository.

4-25     Designation of a bank as a depository includes all of the bank's

4-26     branches within the state.

4-27           (b)  Any savings and loan association doing business in the

 5-1     state may be designated by the comptroller [board] as a state

 5-2     depository.

 5-3           (c)  Any state or federal credit union doing business in the

 5-4     state may be designated by the comptroller [board] as a state

 5-5     depository.

 5-6           SECTION 3.05.  Sections 404.0212(b), (d), (e), and (f),

 5-7     Government Code, are amended to read as follows:

 5-8           (b)  A regulated financial institution that accepts a deposit

 5-9     from the comptroller [treasurer] shall report to the comptroller

5-10     [treasurer] the rating assigned to the financial institution under

5-11     12 U.S.C. Section 2906.

5-12           (d)  The comptroller [board] may not select as a depository a

5-13     regulated financial institution that has been assigned a rating

5-14     below "outstanding record of meeting community credit needs" or

5-15     "satisfactory record of meeting community credit needs" under 12

5-16     U.S.C. Section 2906.

5-17           (e)  On receipt of notice that the rating of a financial

5-18     institution is changed to a rating below that required by this

5-19     section, the comptroller [treasurer] shall take immediate action to

5-20     transfer all state funds subject to the custody or control of the

5-21     comptroller [treasurer] that are on deposit with the institution to

5-22     a qualified financial institution.

5-23           (f)  The depository contract between a regulated financial

5-24     institution and the comptroller [board] must authorize the

5-25     withdrawal without penalty of the state funds subject to the

5-26     custody or control of the comptroller [treasurer] that are on

5-27     deposit with the institution if the rating of the institution is

 6-1     changed to a rating below that required by Subsection (d).

 6-2           SECTION 3.06.  Section 404.022, Government Code, is amended

 6-3     to read as follows:

 6-4           Sec. 404.022.  APPLICATIONS.  (a)  [The treasurer is the

 6-5     secretary of the board.]

 6-6           [(b)]  The comptroller [board, through its secretary], on the

 6-7     second Tuesday in June of each odd-numbered year, shall mail to

 6-8     each eligible institution a letter stating the conditions with

 6-9     which applicants for designation as a state depository must comply.

6-10     The comptroller [treasurer] shall keep on file in the comptroller's

6-11     [treasurer's] office and make available for inspection by any

6-12     person a list of institutions to which letters have been sent.

6-13           (b) [(c)]  The application for designation as a state

6-14     depository must include a statement:

6-15                 (1)  of the amount of the applicant's paid capital

6-16     stock and permanent surplus, if any, or if the applicant is a

6-17     private bank, the amount of net proprietorship;

6-18                 (2)  of the maximum amount of state funds the applicant

6-19     will accept;

6-20                 (3)  of the applicant's condition on the date the

6-21     application is submitted; and

6-22                 (4)  that the books and accounts of the institution, if

6-23     it is designated as a state depository, will be open at all times

6-24     for inspection by the comptroller [board] or a [member or

6-25     accredited] representative of the comptroller [board].

6-26           (c) [(d)]  An application shall be mailed to the comptroller

6-27     [treasurer] at Austin and must be received before noon of the

 7-1     first day of August of the year in which the letter is sent.  An

 7-2     application received after that time may be considered at the

 7-3     option of the comptroller [board].  The comptroller [board] shall

 7-4     charge a processing fee of $25 for each application and shall

 7-5     deposit the fees to the credit of the general revenue fund.

 7-6           (d) [(e)]  On receipt of an application under this section,

 7-7     the comptroller [treasurer] shall endorse on the application  the

 7-8     date of its receipt.  The comptroller [treasurer] shall prepare a

 7-9     list of the names of the applicants and the amount for which each

7-10     has applied [and shall furnish a copy of the list to each board

7-11     member].

7-12           (e) [(f)  The board shall meet on the first Monday in August

7-13     of each odd-numbered year and at other appropriate times to

7-14     consider applications.]  The comptroller [board] may approve those

7-15     applicants that are acceptable and may reject those whose

7-16     management or  condition, in the opinion of the comptroller

7-17     [board], does not warrant the placing of state funds in their

7-18     possession.  An application for state funds may not be granted if

7-19     the applicant's liabilities for borrowed money are in excess of its

7-20     capital stock, but the comptroller [board] may in its discretion

7-21     waive this provision.

7-22           (f) [(g)]  The comptroller [board] may designate an applicant

7-23     as a state depository if the applicant has complied with all  of

7-24     the conditions set by the comptroller [board].  The designation as

7-25     a state depository is effective for a period of not more than two

7-26     years.

7-27           (g) [(h)]  As soon as practicable after the comptroller

 8-1     [board] has made its designations, the comptroller  [treasurer]

 8-2     shall inform all applicants whether they have been designated as

 8-3     state depositories.

 8-4           (h) [(i)]  If more depositories are required at any time, the

 8-5     comptroller [treasurer] may send to all eligible institutions

 8-6     notice that further applications for designation as a state

 8-7     depository for the unexpired term will be accepted.

 8-8           (i) [(j)]  The comptroller [board] may execute a simplified

 8-9     version of a depository agreement with an eligible institution

8-10     desiring to hold $98,000 or less in state deposits that are fully

8-11     insured by the Federal Deposit Insurance Corporation or the

8-12     National Credit Union Share Insurance Fund. [The treasurer may give

8-13     the institution contingent approval as a depository until the

8-14     board's next scheduled meeting.]

8-15           SECTION 3.07.  Section 404.023, Government Code, is amended

8-16     to read as follows:

8-17           Sec. 404.023.  DESIGNATION.  The comptroller [board] shall

8-18     designate one or more state depository banks in centrally located

8-19     cities to be used for clearing checks and other obligations due the

8-20     state.

8-21           SECTION 3.08.  Sections 404.024(a), (b), (d), and (f)-(i),

8-22     Government Code, are amended to read as follows:

8-23           (a)  The comptroller [board] may determine and designate the

8-24     amount of state funds to be deposited in time deposits in state

8-25     depositories.  [The treasurer shall recommend to the board a

8-26     maximum limit for state funds deposited by the treasurer at

8-27     approved state depositories.]  The percentage of state funds to be

 9-1     deposited in state depositories shall be based on the interest

 9-2     rates available in competing investments, the demand for funds from

 9-3     Texas banks, and the state's liquidity requirements.  [The

 9-4     treasurer shall provide periodic investment reports to the board.]

 9-5           (b)  State funds not deposited in state depositories shall be

 9-6     invested by the comptroller [treasurer] in:

 9-7                 (1)  direct security repurchase agreements;

 9-8                 (2)  reverse security repurchase agreements;

 9-9                 (3)  direct obligations of or obligations the principal

9-10     and interest of which are guaranteed by the United States;

9-11                 (4)  direct obligations of or obligations guaranteed by

9-12     agencies or instrumentalities of the United States government;

9-13                 (5)  bankers' acceptances that:

9-14                       (A)  are eligible for purchase by the Federal

9-15     Reserve System;

9-16                       (B)  do not exceed 270 days to maturity; and

9-17                       (C)  are issued by a bank that has received the

9-18     highest short-term credit rating by a nationally recognized

9-19     investment rating firm;

9-20                 (6)  commercial paper that:

9-21                       (A)  does not exceed 270 days to maturity; and

9-22                       (B)  except as provided by Subsection (i), has

9-23     received the highest short-term credit rating by a nationally

9-24     recognized investment rating firm;

9-25                 (7)  contracts written by the treasury in which the

9-26     treasury grants the purchaser the right to purchase securities in

9-27     the treasury's marketable securities portfolio at a specified price

 10-1    over a specified period and for which the treasury is paid a fee

 10-2    and specifically prohibits naked-option or uncovered option

 10-3    trading;

 10-4                (8)  direct obligations of or obligations guaranteed by

 10-5    the Inter-American Development Bank, the International Bank for

 10-6    Reconstruction and Development (the World Bank), the African

 10-7    Development Bank, the Asian Development Bank, and the International

 10-8    Finance Corporation that have received the highest credit rating by

 10-9    a nationally recognized investment rating firm;

10-10                (9)  bonds issued, assumed, or guaranteed by the State

10-11    of Israel;

10-12                (10)  obligations of a state or an agency, county,

10-13    city, or other political subdivision of a state; and

10-14                (11)  mutual funds secured by obligations that are

10-15    described by Subdivisions (1) through (6).

10-16          (d)  The comptroller [board] may contract with a depository

10-17    for the payment of interest on time or demand deposits at a rate

10-18    not to exceed a rate that is lawful under an Act of Congress and

10-19    rules and regulations of the board of governors of the Federal

10-20    Reserve System, the board of directors of the Federal Deposit

10-21    Insurance Corporation, the National Credit Union Administration

10-22    Board, and the Federal Home Loan Banking Board.

10-23          (f)  The comptroller [treasurer] by rule may define

10-24    derivative investments other than those described by Subsection

10-25    (e).  The treasury may not purchase investments defined by rule

10-26    adopted under this subsection in an amount that at the time of

10-27    purchase will cause the aggregate value of the investments to

 11-1    exceed five percent of the treasury's total investments.

 11-2          (g)  To the extent practicable, the comptroller [treasurer]

 11-3    shall give first consideration to Texas banks when investing in

 11-4    direct security repurchase agreements.

 11-5          (h)  The comptroller [treasurer] may not use state funds to

 11-6    invest in or purchase obligations of a private corporation or other

 11-7    private business entity doing business in Northern Ireland unless

 11-8    the corporation or other entity:

 11-9                (1)  adheres to fair employment practices; and

11-10                (2)  does not discriminate on the basis of race, color,

11-11    religion, sex, national origin, or disability.

11-12          (i)  Notwithstanding Subsection (b)(6)(B), the comptroller

11-13    [treasurer] may purchase commercial paper with a rating lower than

11-14    the rating required by that paragraph to provide liquidity for

11-15    commercial paper issued by the comptroller [treasurer] or an agency

11-16    of the state.

11-17          SECTION 3.09.  Sections 404.0245(b)-(d), Government Code, are

11-18    amended to read as follows:

11-19          (b)  Subject to the limitations of Subsection (c), the

11-20    comptroller [board] may determine and designate the amount of state

11-21    funds  that shall be invested by the comptroller [treasurer] in

11-22    hedging transactions in crude oil and natural gas futures contracts

11-23    and options on crude oil and natural gas futures contracts that are

11-24    traded on an established exchange regulated by the Securities and

11-25    Exchange Commission or the Commodity Futures Trading Commission.

11-26          (c)  The principal amount of state funds invested and

11-27    outstanding in hedging transactions on any one day may not exceed

 12-1    $500,000 with a maximum risk of loss of $5,000,000 in a biennium.

 12-2    The total principal amount of state funds that may be invested by

 12-3    the comptroller [treasurer] in hedging transactions during any one

 12-4    biennium may not exceed the amount of money credited to the

 12-5    unclaimed money fund for that biennium and attributable to the

 12-6    remittance of mineral proceeds under Chapter 75, Property Code.

 12-7    Any premium incurred in connection with hedging transactions may be

 12-8    paid only from funds appropriated for that purpose.

 12-9          (d)  The comptroller [board by rule] shall invest [regulate

12-10    the investment of] state funds in crude oil and natural gas

12-11    futures contracts or options on crude oil and natural gas futures

12-12    contracts under the[.  The rules shall provide] restrictions and

12-13    procedures for making [the] investments that persons of ordinary

12-14    prudence, discretion, and intelligence, exercising the judgment and

12-15    care under the circumstances then prevailing, would follow in the

12-16    management of their own affairs, not in regard to speculation but

12-17    in regard to the permanent disposition of their funds, considering

12-18    the probable income as well as the probable safety of their

12-19    capital.  The investments may be made only for hedging purposes.

12-20          SECTION 3.10.  Section 404.026, Government Code, is amended

12-21    to read as follows:

12-22          Sec. 404.026.  ELEEMOSYNARY FUNDS.  The comptroller [board]

12-23    may invest the permanent funds of the Texas School for the Blind

12-24    and Visually Impaired, Texas School for the Deaf, Austin State

12-25    Hospital, and Corsicana State Home and may invest other permanent

12-26    funds, the investment of which is not otherwise provided for, that

12-27    have $1,000 or more on deposit with the comptroller [treasurer]

 13-1    that are not invested.  The comptroller [board] shall invest the

 13-2    funds  in the same classes of bonds as are authorized for

 13-3    investment of the permanent school fund.

 13-4          SECTION 3.11.  Section 404.032, Government Code, is amended

 13-5    to read as follows:

 13-6          Sec. 404.032.  DEPOSITS.  (a)  The comptroller [treasurer]

 13-7    shall deposit state funds in depositories that satisfy  the

 13-8    collateral requirements of this chapter.  The comptroller

 13-9    [treasurer] may deposit funds designated as demand deposits only in

13-10    institutions designated as depositories by the comptroller [board].

13-11          (b)  The comptroller [treasurer] shall monitor the financial

13-12    stability of state depositories in which state deposits are held

13-13    and take appropriate action to protect state funds.

13-14          (c)  A state depository shall collect all checks, drafts, and

13-15    demands for money deposited with it by the comptroller [treasurer].

13-16    If the depository uses due diligence, it is not liable for the

13-17    collections until the proceeds of the collections are duly received

13-18    by the depository bank.  An expense incurred in collection that the

13-19    depository is not permitted to pay by reason of an Act of Congress

13-20    or a rule or regulation adopted under such an Act by the board of

13-21    governors of the Federal Reserve System or the board of directors

13-22    of the Federal Deposit Insurance Corporation shall be charged to

13-23    and paid by the comptroller [treasurer] out of money appropriated

13-24    by the legislature for that purpose.

13-25          (d)  The comptroller [treasurer] shall keep sufficient money

13-26    on deposit in demand deposit accounts in depositories designated by

13-27    the comptroller [board] as clearing institutions to meet all

 14-1    current claims on the state.  Items received by the comptroller

 14-2    [treasurer] for collection shall be deposited with a clearing

 14-3    institution to be credited to the demand deposit account in the

 14-4    depository.  Checks, drafts, or warrants drawn by the comptroller

 14-5    [treasurer] for the payment of obligations due by the state may be

 14-6    drawn on such an account in such a depository or on the demand

 14-7    deposit account in another state depository so that the checks,

 14-8    drafts, or warrants of the state may at all times pass current as

 14-9    cash.

14-10          SECTION 3.12.  Section 404.033, Government Code, is amended

14-11    to read as follows:

14-12          Sec. 404.033.  WITHDRAWALS AND REMITTANCES.  (a)  Funds on

14-13    deposit with a depository are subject to withdrawal at any time by

14-14    the comptroller [treasurer], except funds designated as time

14-15    deposits, which may be withdrawn in the manner agreed on in the

14-16    contract under which the funds were deposited.  The depository

14-17    shall remit the withdrawal on demand and free of charge, except

14-18    charges that the depository is not permitted to pay by reason of an

14-19    Act of Congress or a rule or regulation adopted under such an Act

14-20    by the board of governors of the Federal Reserve System or the

14-21    board of directors of the Federal Deposit Insurance Corporation.

14-22          (b)  A remittance to the comptroller [treasurer] by a state

14-23    depository or another person may be made by any method authorized

14-24    by the comptroller [treasurer], including cash, money order, or

14-25    bank draft.  The liability of the depository or other person making

14-26    the remittance continues until the money is received by the

14-27    comptroller [treasurer].  A depository that refuses to make a

 15-1    remittance required by this chapter forfeits its right to receive

 15-2    further deposits, on order of the comptroller [board].  The

 15-3    comptroller [board] may withdraw all funds from the depository,

 15-4    which after the withdrawal ceases to be a state depository.

 15-5          SECTION 3.13.  Sections 481.193(f)-(i), Government Code, are

 15-6    amended to read as follows:

 15-7          (f)  After reviewing each linked deposit loan application,

 15-8    the executive director of the department shall recommend to the

 15-9    comptroller [state treasurer] the acceptance or rejection of the

15-10    application.

15-11          (g)  After the comptroller's [state treasurer's] acceptance

15-12    of the application and the lending institution originates a loan to

15-13    an eligible borrower, the comptroller [state treasurer] shall place

15-14    a linked deposit with the applicable eligible lending institution

15-15    for the period the comptroller [treasurer] considers appropriate.

15-16    The comptroller [state treasurer] may not place a deposit for a

15-17    period extending beyond the state fiscal biennium in which it is

15-18    placed.  Subject to the limitation described by Section 481.197,

15-19    the comptroller [treasurer] may place time deposits at an interest

15-20    rate described by Section 481.192[, notwithstanding any order of

15-21    the State Depository Board to the contrary].

15-22          (h)  Before the placing of a linked deposit, the eligible

15-23    lending institution and the state, represented by the comptroller

15-24    [state treasurer] and the department, shall enter into a written

15-25    deposit agreement containing the conditions on which the linked

15-26    deposit is made.  The deposit agreement must provide that:

15-27                (1)  the lending institution notify the comptroller

 16-1    [state treasurer] if the borrower to which the deposit is linked

 16-2    defaults on the loan; and

 16-3                (2)  in the event of a default the comptroller [state

 16-4    treasurer] may withdraw the linked deposit.

 16-5          (i)  If a lending institution holding linked deposits ceases

 16-6    to be a state depository, the comptroller [state treasurer] may

 16-7    withdraw the linked deposits.

 16-8          SECTION 3.14.  Section 845.103(b), Government Code, is

 16-9    amended to read as follows:

16-10          (b)  In handling the funds of the retirement system, the

16-11    board of trustees has all powers and duties granted to the

16-12    comptroller that formerly were granted to the State Depository

16-13    Board.

16-14          SECTION 3.15.  Section 855.103(b), Government Code, is

16-15    amended to read as follows:

16-16          (b)  In handling the funds of the retirement system, the

16-17    board of trustees has all powers and duties granted to the

16-18    comptroller that formerly were granted to the State Depository

16-19    Board.

16-20          SECTION 3.16.  Section 2257.025(b), Government Code, is

16-21    amended to read as follows:

16-22          (b)  The comptroller [board] or the public entity may examine

16-23    and verify at any reasonable time a pledged investment security or

16-24    a record a depository maintains under this section.

16-25          SECTION 3.17.  Section 2257.041(d), Government Code, is

16-26    amended to read as follows:

16-27          (d)  A custodian must be approved by the public entity and

 17-1    be:

 17-2                (1)  a state or national bank that:

 17-3                      (A)  is designated by the comptroller [board] as

 17-4    a state depository;

 17-5                      (B)  is domiciled in this state; and

 17-6                      (C)  has a capital stock and permanent surplus of

 17-7    $5 million or more;

 17-8                (2)  the Texas Treasury Safekeeping Trust Company;

 17-9                (3)  a Federal Reserve Bank or a branch of a Federal

17-10    Reserve Bank; or

17-11                (4)  a federal home loan bank.

17-12          SECTION 3.18.  Sections 2257.046(b) and (c), Government Code,

17-13    are amended to read as follows:

17-14          (b)  The comptroller [board] or the public entity may examine

17-15    and verify at any reasonable time a pledged investment security or

17-16    a record a custodian maintains under this section.  The public

17-17    entity or its agent may inspect at any time an investment security

17-18    evidenced by a trust receipt.

17-19          (c)  The public entity's custodian shall file a collateral

17-20    report with the comptroller [board] in the manner and on the dates

17-21    prescribed by the comptroller [board].

17-22          SECTION 3.19.  Sections 2257.061, 2257.062, 2257.063, and

17-23    2257.064, Government Code, are amended to read as follows:

17-24          Sec. 2257.061.  AUDITS AND EXAMINATIONS.  As part of an audit

17-25    or regulatory examination of a public entity's depository or

17-26    custodian, the auditor or examiner shall:

17-27                (1)  examine and verify pledged investment securities

 18-1    and records maintained under Section 2257.025 or 2257.046; and

 18-2                (2)  report any significant or material noncompliance

 18-3    with this chapter to the comptroller [board].

 18-4          Sec. 2257.062.  PENALTIES.  (a)  The comptroller [board] may

 18-5    revoke a depository's designation as a state depository for one

 18-6    year if, after notice and a hearing, the comptroller [board] makes

 18-7    a written finding that the depository, while acting as either a

 18-8    depository or a custodian:

 18-9                (1)  did not maintain reasonable compliance with this

18-10    chapter; and

18-11                (2)  failed to remedy a violation of this chapter

18-12    within a reasonable time after receiving written notice of the

18-13    violation.

18-14          (b)  The comptroller [board] may permanently revoke a

18-15    depository's designation as a state depository if the comptroller

18-16    [board] makes a written finding that the depository:

18-17                (1)  has not maintained reasonable compliance with this

18-18    chapter; and

18-19                (2)  has acted in bad faith by not remedying a

18-20    violation of this chapter.

18-21          Sec. 2257.063.  MITIGATING CIRCUMSTANCES.  (a)  The

18-22    comptroller [board] shall consider the total circumstances relating

18-23    to the performance of a depository or custodian when the

18-24    comptroller [board] makes a finding required by Section 2257.062,

18-25    including the extent to which the noncompliance is minor, isolated,

18-26    temporary, or nonrecurrent.

18-27          (b)  The comptroller [board] may not find that a depository

 19-1    or custodian did not maintain reasonable compliance with this

 19-2    chapter if the noncompliance results from the public entity's

 19-3    failure to comply with Section 2257.026.

 19-4          (c)  This section does not relieve a depository or custodian

 19-5    of the obligation to secure a deposit of public funds with eligible

 19-6    security in the amount and manner required by this chapter within a

 19-7    reasonable time after the public entity deposits the deposit of

 19-8    public funds with the depository.

 19-9          Sec. 2257.064.  REINSTATEMENT.  The comptroller [board] may

19-10    reinstate a depository's designation as a state depository if:

19-11                (1)  the comptroller [board] determines that the

19-12    depository has remedied all violations of this chapter; and

19-13                (2)  the depository assures the comptroller [board] to

19-14    the comptroller's [board's] satisfaction that the depository will

19-15    maintain reasonable compliance with this chapter.

19-16          SECTION 3.20.  Section 154.051, Tax Code, is amended to read

19-17    as follows:

19-18          Sec. 154.051.  CIGARETTE TAX RECOVERY TRUST FUND.  (a)  The

19-19    cigarette tax recovery trust fund is a private trust fund

19-20    established outside the state treasury and as provided by this

19-21    section secures the payment of cigarette taxes by distributors who

19-22    contribute to the fund.  The fund is composed of the total amount

19-23    in the separate accounts maintained in trust for all contributing

19-24    distributors as provided by this section.  The assets of the fund,

19-25    including interest earned by those assets, are to be held in trust

19-26    for the benefit and protection of the state treasury, and may not

19-27    be diverted, distributed, or appropriated for any purpose other

 20-1    than as provided by this section.  Interest earned by a

 20-2    distributor's account but not yet refunded to the distributor

 20-3    pursuant to Subsection (d) shall, on a monthly basis, be paid to

 20-4    the comptroller [treasurer] as provided by Subsection (b) or

 20-5    credited to the distributor's account.

 20-6          (b)  The comptroller [treasurer] is the trustee of the fund

 20-7    as provided by Section 404.073, Government Code, and shall manage

 20-8    the fund as provided by this section.  In investing the assets of

 20-9    the fund, the comptroller [treasurer] has the obligations, duties,

20-10    and powers provided for the investment of state funds by Sections

20-11    404.021 through 404.025, Government Code[, and by the orders of the

20-12    State Depository Board].  The comptroller [treasurer] shall receive

20-13    five percent of the interest earned on all assets of the fund as

20-14    compensation for serving as trustee of the fund.

20-15          (c)  A distributor who orders stamps or requests a meter

20-16    setting from the comptroller [state treasurer] under this chapter

20-17    without advance payment shall contribute to an account maintained

20-18    in the distributor's name in the fund money in the amount of each

20-19    discount to which the distributor is entitled under Section 154.052

20-20    of this code.  When the money in the distributor's account equals

20-21    20 percent of the designated amount of stamps and meter setting

20-22    requested by the distributor and approved by the comptroller

20-23    [treasurer] to be purchased in any one month, the distributor's

20-24    interest in the fund becomes vested.

20-25          (d)  Except as provided by Subsection (g) of this section, on

20-26    the last day of each quarter after the quarter in which a

20-27    distributor's interest in the fund becomes vested, the comptroller

 21-1    [treasurer] shall refund to the distributor all money contributed

 21-2    to the fund by the distributor under Subsection (c) of this section

 21-3    in the earliest preceding quarter for which a refund has not been

 21-4    paid, plus interest earned on that amount, as long as the

 21-5    distributor's interest in the fund remains vested.

 21-6          (e)  Until a distributor who orders stamps or requests a

 21-7    meter setting without advance payment acquires a vested interest in

 21-8    the fund, the comptroller [treasurer] may require the distributor

 21-9    to post with the comptroller [treasurer] an irrevocable letter of

21-10    credit drawn in the form and amount specified by the comptroller

21-11    [treasurer] to secure the payment of cigarette taxes by that

21-12    distributor.  The comptroller [treasurer] may not ship stamps to or

21-13    set a meter for a distributor not having a vested interest in the

21-14    fund without advance payment until the distributor posts the

21-15    required letter of credit.

21-16          (f)  In addition to any other requirement under this section,

21-17    the comptroller [treasurer] as a condition for shipping stamps or

21-18    setting a meter without advance payment may:

21-19                (1)  require a fiscal-year-end financial statement,

21-20    including a balance sheet and income statement verifiable as to its

21-21    accuracy or other financial information acceptable to the

21-22    comptroller [treasurer] and verifiable as to its accuracy;

21-23                (2)  require indemnification from each officer,

21-24    director, and stockholder owning 10 percent or more of outstanding

21-25    stock, if the distributor is a corporation, from each partner, if

21-26    the distributor is a partnership, from each member or owner of a

21-27    joint venture or syndication, and from the owner of a sole

 22-1    proprietorship;

 22-2                (3)  require the distributor to obtain and provide the

 22-3    comptroller [treasurer] with a credit report from a credit

 22-4    reporting agency acceptable to the comptroller [treasurer];

 22-5                (4)  require a distributor to increase the balance in

 22-6    its account in the fund;

 22-7                (5)  require a distributor to post a letter of credit;

 22-8                (6)  reduce a distributor's credit time or amount; or

 22-9                (7)  take any other reasonable and necessary action to

22-10    protect the state treasury from loss due to the nonpayment of

22-11    cigarette taxes.

22-12          (g)  If a distributor who has an account in the fund fails to

22-13    pay in full a tax imposed by this chapter by the due date, the

22-14    comptroller [treasurer], without prior notice to the distributor or

22-15    any other preliminary procedure, may seize any unaffixed stamps and

22-16    any stamped cigarette packages, up to and including the full amount

22-17    of unpaid tax.  If the proceeds from the seizure do not satisfy the

22-18    total tax deficiency or the comptroller [treasurer] does not seize

22-19    any unaffixed stamps or stamped cigarette packages, the comptroller

22-20    [treasurer] may withdraw immediately from the fund an amount equal

22-21    to the amount of unpaid taxes due.  The comptroller [treasurer]

22-22    shall first withdraw the amount from the account of the defaulting

22-23    distributor. The comptroller [treasurer] shall use the

22-24    comptroller's [treasurer's] best efforts to collect the tax due

22-25    from the  defaulting distributor before withdrawing money from the

22-26    other accounts in the fund to satisfy the tax liability.  If that

22-27    distributor's account does not contain sufficient money to satisfy

 23-1    the tax liability in full, the comptroller [treasurer] shall

 23-2    withdraw the additional amount necessary to satisfy that liability

 23-3    from the other accounts in the fund in proportion to the balance of

 23-4    each account, except that the withdrawal from any other

 23-5    distributor's account in the fund is limited to an amount not

 23-6    greater than 50 percent of the designated amount of stamps and

 23-7    meter settings requested by the distributor under Subsection (c) or

 23-8    of the amount required by the comptroller [treasurer] under

 23-9    Subsection (f)(4).  Not later than the fifth day after the date of

23-10    a withdrawal, the comptroller [treasurer] shall notify each

23-11    distributor of the withdrawal from its account and the amount

23-12    withdrawn.  If as a result of a withdrawal made under this

23-13    subsection a distributor's balance in its account is reduced to an

23-14    amount less than the minimum required under this section, the

23-15    distributor's interest in the fund is no longer vested, and the

23-16    comptroller [treasurer] may discontinue refunds to the distributor

23-17    under Subsection (d) until the distributor again acquires a vested

23-18    interest in the fund.  The comptroller [treasurer] may require a

23-19    distributor whose interest in the fund is no longer vested to post

23-20    an irrevocable letter of credit with the comptroller [treasurer] to

23-21    secure the payment of cigarette taxes by the distributor.  To

23-22    protect the fund, each distributor having an account in the fund

23-23    must indemnify the fund against any amount withdrawn from the fund

23-24    under this subsection because of the failure of the distributor to

23-25    pay in full a tax imposed by this chapter by the due date.

23-26          (h)  If distributor accounts, other than a defaulting

23-27    distributor account, are drawn pursuant to Subsection (g) of this

 24-1    section, each affected, nondefaulting distributor shall have a

 24-2    claim against the defaulting distributor for the amount so drawn.

 24-3    The comptroller [treasurer] is hereby appointed trustee, agent, and

 24-4    assignee of each affected, nondefaulting distributor for purposes

 24-5    of seeking recovery of the amount so drawn.  The comptroller

 24-6    [treasurer] shall have the sole judgment and discretion in deciding

 24-7    whether or not to pursue such a claim and shall have discretion to

 24-8    handle any such claim on any basis that in the opinion of the

 24-9    comptroller [treasurer] is in the best interest of the fund.  The

24-10    comptroller [treasurer] is released from any liability related to

24-11    the  handling of the claims described in this section except for

24-12    intentional or wilful misconduct.

24-13          (i)  A distributor or person authorized to act on behalf of a

24-14    distributor may notify the comptroller [treasurer] in writing that

24-15    the distributor no longer desires to have stamps shipped or a meter

24-16    set without advance payment, and may request that the money in the

24-17    distributor's account in the fund be paid to the distributor or the

24-18    distributor's heirs or assigns.  The comptroller [treasurer] shall

24-19    pay the money in the distributor's account as requested at the end

24-20    of the next quarter after all outstanding taxes owed to the state

24-21    by the distributor have been paid.

24-22          (j)  Under no circumstances shall the comptroller [treasurer]

24-23    return to any distributor an amount greater than the balance in the

24-24    distributor's account within the cigarette tax recovery trust fund

24-25    less any sums drawn pursuant to Subsection (g) of this section.

24-26    The State of Texas' liability to any distributor pursuant to this

24-27    section is expressly limited to the sums on deposit in the

 25-1    distributor's account at the time the request for return of funds

 25-2    is made.

 25-3          (k)  The comptroller [treasurer] may adopt and enforce rules

 25-4    necessary to carry out this section.

 25-5          (l)  For purposes of this section, "quarter" refers to a

 25-6    quarter of the state's fiscal year.

 25-7          (m)  Information provided under Subsection (f) is

 25-8    confidential and not subject to Chapter 552, Government Code.

 25-9          (n)  The comptroller [treasurer] shall regularly distribute

25-10    financial information regarding the performance of the fund to

25-11    participating distributors on a regular basis.  On the written

25-12    request of a participating distributor, the comptroller [treasurer]

25-13    shall provide the distributor with the name and address of each

25-14    distributor participating in the fund, the percentage of the total

25-15    fund represented by each distributor's account, and the total

25-16    amount of money in the fund.

25-17          (o)  In lieu of participation in the cigarette tax recovery

25-18    trust fund to secure payment for stamps or meter settings and in

25-19    lieu of advance payment for stamps or meter settings, a distributor

25-20    may pledge to the comptroller [treasurer] sufficient collateral to

25-21    secure payment for stamps or meter settings.  Such pledge shall be

25-22    evidenced by a pledge agreement in a form promulgated by the

25-23    comptroller [treasurer], and such collateral shall consist of

25-24    certificates of deposit, treasury notes, treasury bills, or other

25-25    similar types of collateral acceptable to the comptroller

25-26    [treasurer] and held in a separate trust fund established in the

25-27    Texas Treasury Safekeeping Trust Company.  All interest earned on

 26-1    such collateral shall belong to the distributor.  The comptroller

 26-2    [treasurer] may require the pledge of additional collateral in the

 26-3    event the comptroller [treasurer] determines that the fair market

 26-4    value of the pledged collateral is less than the amount due the

 26-5    comptroller [treasurer] for stamps or meter settings.  On the

 26-6    written request of the distributor, the comptroller [treasurer]

 26-7    shall release collateral from the pledge agreement or allow the

 26-8    substitution of collateral subject to the pledge agreement if after

 26-9    such release or substitution the fair market value of the

26-10    collateral subject to the pledge will be equal to or greater than

26-11    the amount due the comptroller [treasurer] for stamps or meter

26-12    settings.  If a distributor fails to pay tax in full when due, the

26-13    comptroller [treasurer] may, if the distributor does not pay such

26-14    past due tax and any penalty related thereto within three days

26-15    after receipt of written notice of such failure from the

26-16    comptroller [treasurer], sell or dispose of the collateral and

26-17    apply the proceeds to the payment of taxes, interest, penalties,

26-18    and costs due to the comptroller [treasurer] by the distributor,

26-19    with any remaining proceeds being refunded to the distributor.

26-20          SECTION 3.21. Section 20.002(2), Water Code, is amended to

26-21    read as follows:

26-22                (2)  "Authorized investments" means:

26-23                      (A)  direct obligations of or obligations the

26-24    principal of and interest on which are guaranteed by the United

26-25    States;

26-26                      (B)  direct obligations of or participation

26-27    certificates guaranteed by the Federal Intermediate Credit Bank,

 27-1    Federal Land Banks, Federal National Mortgage Association, Federal

 27-2    Home Loan Banks, and Banks for Cooperatives;

 27-3                      (C)  direct obligations of or obligations the

 27-4    principal of and interest on which are guaranteed by the State of

 27-5    Texas;

 27-6                      (D)  bonds of cities, counties, and other

 27-7    political subdivisions of this state, other than bonds issued by a

 27-8    political subdivision to finance a project covered by this chapter;

 27-9                      (E)  certificates of deposit of state and

27-10    national banks that satisfy the requirements of Section 2.015,

27-11    Chapter 240, Acts of the 69th Legislature, Regular Session, 1985

27-12    (Article 4393-1, Vernon's Texas Civil Statutes), and the rules of

27-13    the comptroller [State Depository Board] and if the authority or a

27-14    financial institution acting solely as agent for the authority

27-15    possesses the collateral securing those deposits; and

27-16                      (F)  direct security repurchase agreements made

27-17    only with state or national banks domiciled in the state under

27-18    which the authority buys, holds in its possession or the possession

27-19    of a financial institution acting solely as agent for the authority

27-20    for a specified time, and then sells back any of the following

27-21    securities, obligations, or participation certificates:

27-22                            (i)  United States government securities;

27-23                            (ii)  direct obligations of or obligations

27-24    the principal of and interest on which are guaranteed by the United

27-25    States; and

27-26                            (iii)  direct obligations of or

27-27    participation certificates guaranteed by the Federal Intermediate

 28-1    Credit Bank, Federal Land Banks, Federal National Mortgage

 28-2    Association, Federal Home Loan Banks, and Banks for Cooperatives.

 28-3          SECTION 3.22.  The following laws are repealed:

 28-4                (1)  Sections 404.011 and 404.012, Government Code;

 28-5                (2)  Section 404.001(1), Government Code;

 28-6                (3)  Section 404.031(k), Government Code; and

 28-7                (4)  Section 2257.002(2), Government Code.

 28-8           ARTICLE 4.  ABOLITION OF EGG MARKETING ADVISORY BOARD

 28-9          SECTION 4.01.  The Egg Marketing Advisory Board is abolished.

28-10          SECTION 4.02.  Section 132.007, Agriculture Code, is

28-11    repealed.

28-12     ARTICLE 5.  ABOLITION OF ELECTRONIC DATA BASE ADVISORY COMMITTEE

28-13          SECTION 5.01.  The electronic data base advisory committee is

28-14    abolished.

28-15          SECTION 5.02.  Section 481.060, Government Code, is amended

28-16    to read as follows:

28-17          Sec. 481.060.  ELECTRONIC DATA BASE.  (a)  In cooperation

28-18    with other state agencies, the international trade division of the

28-19    department shall develop an electronic data base to compile

28-20    international trade information, including information on economic,

28-21    educational, and other opportunities in the public and private

28-22    sectors.  The division shall connect that data base with

28-23    appropriate state, federal, and international communication

28-24    networks.

28-25          (b)  [The electronic data base advisory committee is composed

28-26    of:]

28-27                [(1)  a representative from the center for border

 29-1    economic and enterprise development at The University of Texas at

 29-2    El Paso, appointed by the president of the university;]

 29-3                [(2)  a representative from the University of North

 29-4    Texas Institute for Regional Industrialization and Manufacturing

 29-5    Technology, appointed by the president of the university;]

 29-6                [(3)  a representative from the Bureau of Business

 29-7    Research at The University of Texas at Austin, appointed by the

 29-8    president of the university;]

 29-9                [(4)  a representative from the Texas Agriculture

29-10    Market and Research Center, appointed by the president of Texas A&M

29-11    University;]

29-12                [(5)  a representative from The University of Texas at

29-13    San Antonio, College of Business, division of management and

29-14    marketing, appointed by the president of the university;]

29-15                [(6)  a representative from The University of Texas-Pan

29-16    American, appointed by the president of the university;]

29-17                [(7)  a representative from Texas A&M International

29-18    University, appointed by the president of the university;]

29-19                [(8)  a representative from Texas Tech University,

29-20    appointed by the president of the university;]

29-21                [(9)  a representative from the University of Houston,

29-22    appointed by the president of the university;]

29-23                [(10)  a representative from Lamar University,

29-24    appointed by the president of the university;]

29-25                [(11)  a representative from Sul Ross State University,

29-26    appointed by the president of the university; and]

29-27                [(12)  persons appointed by the governor or the

 30-1    executive director of the department.]

 30-2          [(c)  If a member of the advisory committee who represents a

 30-3    university ceases to be employed by the university, the member's

 30-4    position on the advisory committee becomes vacant on the day

 30-5    employment ceases.  A vacancy shall be filled by the president of

 30-6    the university that the member represents.]

 30-7          [(d)  The advisory committee shall recommend to the

 30-8    department procedures for the dissemination of the data base.]

 30-9          [(e)]  The department may accept gifts, grants, and donations

30-10    from any source for the operation of the data base.

30-11            ARTICLE 6.  ABOLITION OF ENERGY ADVISORY COMMITTEE

30-12          SECTION 6.01.  The energy advisory committee is abolished.

30-13          SECTION 6.02.  Section 761.006, Government Code, is repealed.

30-14                ARTICLE 7.  ABOLITION OF RIO GRANDE VALLEY

30-15                         MUNICIPAL WATER AUTHORITY

30-16          SECTION 7.01.  The Rio Grande Valley Municipal Water

30-17    Authority is abolished.

30-18          SECTION 7.02.  Chapter 623, Acts of the 61st Legislature,

30-19    Regular Session, 1969 (Article 8280-455, Vernon's Texas Civil

30-20    Statutes), is repealed.

30-21                ARTICLE 8.  ABOLITION OF RIO GRANDE VALLEY

30-22                        POLLUTION CONTROL AUTHORITY

30-23          SECTION 8.01.  The Rio Grande Valley Pollution Control

30-24    Authority is abolished.

30-25          SECTION 8.02.  Chapter 648, Acts of the 60th Legislature,

30-26    Regular Session, 1967 (Article 8280-389, Vernon's Texas Civil

30-27    Statutes), is repealed.

 31-1             ARTICLE 9.  TRANSITION; EFFECTIVE DATE; EMERGENCY

 31-2          SECTION 9.01.  (a)  If an entity that is abolished by this

 31-3    Act has property, records, or other assets and the article of this

 31-4    Act that abolishes the entity does not provide for their

 31-5    disposition, the General Services Commission shall take custody of

 31-6    the property, records, or other assets of the entity unless the

 31-7    governor designates another appropriate governmental entity to take

 31-8    custody of the property, records, or other assets.

 31-9          (b)  If an entity that is abolished by this Act has a

31-10    continuing valid and enforceable obligation, including bonded

31-11    indebtedness, Section 325.017(f), Government Code, applies in

31-12    relation to the continuing obligation of the abolished entity.  If

31-13    the abolished entity is not a state agency, the governor may

31-14    designate an appropriate state agency or another appropriate

31-15    governmental entity created under the laws of this state to perform

31-16    the functions assigned under Section 325.017(f), Government Code.

31-17          SECTION 9.02.  This Act takes effect September 1, 1997.

31-18          SECTION 9.03.  The importance of this legislation and the

31-19    crowded condition of the calendars in both houses create an

31-20    emergency and an imperative public necessity that the

31-21    constitutional rule requiring bills to be read on three several

31-22    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2380 was passed by the House on May

         16, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 2380 on May 24, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2380 was passed by the Senate, with

         amendments, on May 21, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor