By Siebert                                      H.B. No. 2380

      75R2372 JRD-D                           

                                A BILL TO BE ENTITLED

 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, Title 10 [the State Purchasing and

2-21     General Services Act (Article 601b, Vernon's Texas Civil

2-22     Statutes)];

2-23                 (2)  Chapter 2254; or

2-24                 (3)  Chapter 2054.

2-25           [(b)  The project director must submit all proposed contracts

2-26     for professional or consulting services and all proposed purchases

2-27     of computer equipment or software to the project advisory committee

 3-1     for review and recommendation before procurement.]

 3-2           SECTION 1.06.  (a) Section 2101.032, Government Code, is

 3-3     repealed.

 3-4           (b)  Section 2101.035(b), Government Code, is repealed.

 3-5                  

 3-6           ARTICLE 2.  ABOLITION OF BOLL WEEVIL ADVISORY COMMITTEE

 3-7           SECTION 2.01.  The boll weevil advisory committee is

 3-8     abolished.

 3-9           SECTION 2.02.  Section 74.108(a), Agriculture Code, is

3-10     amended to read as follows:

3-11           (a)  The board may:

3-12                 (1)  conduct board elections;

3-13                 (2)  conduct eradication zone referenda;

3-14                 (3)  conduct assessment referenda under Section 74.113

3-15     of this code;

3-16                 (4)  conduct programs consistent with the declaration

3-17     of policy stated in Section 74.101 of this code;

3-18                 (5)  accept, as necessary to implement this chapter,

3-19     gifts and grants;

3-20                 (6)  borrow money as necessary to execute this chapter;

3-21     and

3-22                 (7)  take other action and exercise other authority as

3-23     necessary to execute any act authorized by this subchapter or the

3-24     Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,

3-25     Vernon's Texas Civil Statutes)[; and]

3-26                 [(8)  form an advisory committee composed of

3-27     individuals from this state, other states, or other countries and

 4-1     change membership on the committee, as necessary.  Any advisory

 4-2     committee created under this subdivision for the purpose of

 4-3     establishing treatment methods shall include among its members

 4-4     persons with knowledge of the effects of different treatments on

 4-5     the health of agricultural workers, the local population, and the

 4-6     ecosystem, including but not limited to the effects of a particular

 4-7     method of treatment on beneficial organisms and wildlife, the

 4-8     potential for secondary infestations from nontarget pests, and the

 4-9     potential for pest resistance to particular methods of treatment].

4-10           SECTION 2.03.  Section 74.120(d), Agriculture Code, is

4-11     repealed.

4-12         ARTICLE 3.  ABOLITION OF STATE EMPLOYEE CHARITABLE CAMPAIGN

4-13                             ADVISORY COMMITTEE

4-14           SECTION 3.01.  The state employee charitable campaign

4-15     advisory committee is abolished.

4-16           SECTION 3.02.  Section 659.140(e), Government Code, is

4-17     amended to read as follows:

4-18           (e)  The state policy committee shall:

4-19                 (1)  establish local campaign areas [based on

4-20     recommendations by the state advisory committee];

4-21                 (2)  select an eligible federated community campaign

4-22     organization to be the state campaign manager;

4-23                 (3)  determine the eligibility of a federation or fund

4-24     and its affiliated agencies for statewide participation in the

4-25     state employee charitable campaign;

4-26                 (4)  approve the recommended campaign plan, budget, and

4-27     generic materials to be used by campaign managers;

 5-1                 (5)  oversee the state employee charitable campaign to

 5-2     ensure that all campaign activities are conducted fairly and

 5-3     equitably to promote unified solicitation on behalf of all

 5-4     participants; and

 5-5                 (6)  perform other duties prescribed by the

 5-6     comptroller's rules.

 5-7           SECTION 3.03.  (a) Section 659.142, Government Code, is

 5-8     repealed.

 5-9           (b)  Section 659.131(15), Government Code, is repealed.

5-10               ARTICLE 4.  ABOLITION OF STATE DEPOSITORY BOARD

5-11           SECTION 4.01.  The State Depository Board is abolished. All

5-12     powers, duties, rights, and obligations of the board are

5-13     transferred to the comptroller. All records, funds, contracts, or

5-14     other property of the board are transferred to the comptroller.

5-15           SECTION 4.02.  Sections 44.007(f)-(i), Agriculture Code, are

5-16     amended to read as follows:

5-17           (f)  After reviewing each linked deposit loan application,

5-18     the board shall recommend to the comptroller [state treasurer] the

5-19     acceptance or rejection of the application.

5-20           (g)  After acceptance of the application, the comptroller

5-21     [state treasurer] shall place a linked deposit with the applicable

5-22     eligible lending institution for the period the comptroller

5-23     [treasurer] considers appropriate.  The comptroller [state

5-24     treasurer] may  not place a deposit for a period extending beyond

5-25     the state fiscal biennium in which it is placed.  Subject to the

5-26     limitation described by Section 44.010 of this chapter, the

5-27     comptroller [treasurer] may place time deposits at an interest rate

 6-1     described by  Section 44.001(5)(A) of this chapter[,

 6-2     notwithstanding any order of the State Depository Board to the

 6-3     contrary].

 6-4           (h)  Before the placing of a linked deposit, the eligible

 6-5     lending institution and the state, represented by the comptroller

 6-6     [state treasurer] and the board, shall enter into a written deposit

 6-7     agreement containing the conditions on which the linked deposit is

 6-8     made.

 6-9           (i)  If a lending institution holding linked deposits ceases

6-10     to be a state depository, the comptroller [state treasurer] may

6-11     withdraw the linked deposits.

6-12           SECTION 4.03.  Section 404.013, Government Code, is amended

6-13     to read as follows:

6-14           Sec. 404.013.  RULES.  The comptroller [board] may adopt and

6-15     enforce rules governing the establishment and conduct of state

6-16     depositories and the investment of state funds in the depositories

6-17     that the public interest requires and that are not inconsistent

6-18     with the law governing the depositories. [The rules must be entered

6-19     in the minutes of the board.]

6-20           SECTION 4.04.  Section 404.021, Government Code, is amended

6-21     to read as follows:

6-22           Sec. 404.021.  ELIGIBLE INSTITUTIONS.  (a)  Any state or

6-23     national bank doing business in the state may be designated by the

6-24     comptroller [board] as a state depository.  Designation of a bank

6-25     as a  depository includes all of the bank's branches within the

6-26     state.

6-27           (b)  Any savings and loan association doing business in the

 7-1     state may be designated by the comptroller [board] as a state

 7-2     depository.

 7-3           (c)  Any state or federal credit union doing business in the

 7-4     state may be designated by the comptroller [board] as a state

 7-5     depository.

 7-6           (d)  Deposits of eligible institutions designated as state

 7-7     depositories must be covered by the Federal Deposit Insurance

 7-8     Corporation or the National Credit Union Share Insurance Fund.

 7-9           SECTION 4.05.  Section 404.0212, Government Code, is amended

7-10     to read as follows:

7-11           Sec. 404.0212.  DEPOSITORY RATING UNDER CERTAIN FEDERAL LAW.

7-12     (a)  In this section, "regulated financial institution" has the

7-13     meaning assigned by 12 U.S.C. Section 2902.

7-14           (b)  A regulated financial institution that accepts a deposit

7-15     from the comptroller [treasurer] shall report to the comptroller

7-16     [treasurer] the rating assigned to the financial institution under

7-17     12 U.S.C. Section 2906.

7-18           (c)  A regulated financial institution shall make a report

7-19     required by this section:

7-20                 (1)  annually, not later than August 1 of each year;

7-21     and

7-22                 (2)  not later than the 30th day after the date the

7-23     financial institution is notified that the assigned rating has been

7-24     changed.

7-25           (d)  The comptroller [board] may not select as a depository a

7-26     regulated financial institution that has been assigned a rating

7-27     below "outstanding record of meeting community credit needs" or

 8-1     "satisfactory record of meeting community credit needs" under 12

 8-2     U.S.C. Section 2906.

 8-3           (e)  On receipt of notice that the rating of a financial

 8-4     institution is changed to a rating below that required by this

 8-5     section, the comptroller [treasurer] shall take immediate action to

 8-6     transfer all state funds subject to the custody or control of the

 8-7     comptroller [treasurer] that are on deposit with the institution to

 8-8     a qualified financial institution.

 8-9           (f)  The depository contract between a regulated financial

8-10     institution and the comptroller [board] must authorize the

8-11     withdrawal without penalty of the state funds subject to the

8-12     custody or control of the comptroller [treasurer] that are on

8-13     deposit with the institution if the rating of the institution is

8-14     changed to a rating below that required by Subsection (d).

8-15           SECTION 4.06.  Section 404.022, Government Code, is amended

8-16     to read as follows:

8-17           Sec. 404.022.  APPLICATIONS.  (a)  [The treasurer is the

8-18     secretary of the board.]

8-19           [(b)]  The comptroller [board], through its secretary, on the

8-20     second Tuesday in June of each odd-numbered year shall mail to each

8-21     eligible institution a letter stating the conditions with which

8-22     applicants for designation as a state depository must comply.  The

8-23     comptroller [treasurer] shall keep on file in the comptroller's

8-24     [treasurer's] office and make available for inspection by any

8-25     person a list of institutions to which letters have been sent.

8-26           (b) [(c)]  The application for designation as a state

8-27     depository must include a statement:

 9-1                 (1)  of the amount of the applicant's paid capital

 9-2     stock and permanent surplus, if any, or if the applicant is a

 9-3     private bank, the amount of net proprietorship;

 9-4                 (2)  of the maximum amount of state funds the applicant

 9-5     will accept;

 9-6                 (3)  of the applicant's condition on the date the

 9-7     application is submitted; and

 9-8                 (4)  that the books and accounts of the institution, if

 9-9     it is designated as a state depository, will be open at all times

9-10     for inspection by the comptroller [board] or a [member or

9-11     accredited] representative of the comptroller [board].

9-12           (c) [(d)]  An application shall be mailed to the comptroller

9-13     [treasurer] at Austin and must be received before noon of the

9-14     first day of August of the year in which the letter is sent.  An

9-15     application received after that time may be considered at the

9-16     option of the comptroller [board].  The comptroller [board] shall

9-17     charge a processing fee of $25 for each application and shall

9-18     deposit the fees to the credit of the general revenue fund.

9-19           (d) [(e)]  On receipt of an application under this section,

9-20     the comptroller [treasurer] shall endorse on the application  the

9-21     date of its receipt.  The comptroller [treasurer] shall prepare a

9-22     list of the names of the applicants and the amount for which each

9-23     has applied [and shall furnish a copy of the list to each board

9-24     member].

9-25           (e) [(f)  The board shall meet on the first Monday in August

9-26     of each odd-numbered year and at other appropriate times to

9-27     consider applications.]  The comptroller [board] may approve those

 10-1    applicants that are acceptable and may reject those whose

 10-2    management or  condition, in the opinion of the comptroller

 10-3    [board], does not warrant the placing of state funds in their

 10-4    possession.  An application for state funds may not be granted if

 10-5    the applicant's liabilities for borrowed money are in excess of its

 10-6    capital stock, but the comptroller [board] may in its discretion

 10-7    waive this provision.

 10-8          (f) [(g)]  The comptroller [board] may designate an applicant

 10-9    as a state depository if the applicant has complied with all  of

10-10    the conditions set by the comptroller [board].  The designation as

10-11    a state depository is effective for a period of not more than two

10-12    years.

10-13          (g) [(h)]  As soon as practicable after the comptroller

10-14    [board] has made its designations, the comptroller  [treasurer]

10-15    shall inform all applicants whether they have been designated as

10-16    state depositories.

10-17          (h) [(i)]  If more depositories are required at any time, the

10-18    comptroller [treasurer] may send to all eligible institutions

10-19    notice that further applications for designation as a state

10-20    depository for the unexpired term will be accepted.

10-21          (i) [(j)]  The comptroller [board] may execute a simplified

10-22    version of a depository agreement with an eligible institution

10-23    desiring to hold $98,000 or less in state deposits that are fully

10-24    insured by the Federal Deposit Insurance Corporation or the

10-25    National Credit Union Share Insurance Fund. [The treasurer may give

10-26    the institution contingent approval as a depository until the

10-27    board's next scheduled meeting.]

 11-1          SECTION 4.07.  Section 404.023, Government Code, is amended

 11-2    to read as follows:

 11-3          Sec. 404.023.  DESIGNATION.  The comptroller [board] shall

 11-4    designate one or more state depository banks in centrally located

 11-5    cities to be used for clearing checks and other obligations due the

 11-6    state.

 11-7          SECTION 4.08.  Sections 404.024(a), (b), (d), and (f)-(i),

 11-8    Government Code, are amended to read as follows:

 11-9          (a)  The comptroller [board] may determine and designate the

11-10    amount of state funds to be deposited in time deposits in state

11-11    depositories.  [The treasurer shall recommend to the board a

11-12    maximum limit for state funds deposited by the treasurer at

11-13    approved state depositories.]  The percentage of state funds to be

11-14    deposited in state depositories shall be based on the interest

11-15    rates available in competing investments, the demand for funds from

11-16    Texas banks, and the state's liquidity requirements.  [The

11-17    treasurer shall provide periodic investment reports to the board.]

11-18          (b)  State funds not deposited in state depositories shall be

11-19    invested by the comptroller [treasurer] in:

11-20                (1)  direct security repurchase agreements;

11-21                (2)  reverse security repurchase agreements;

11-22                (3)  direct obligations of or obligations the principal

11-23    and interest of which are guaranteed by the United States;

11-24                (4)  direct obligations of or obligations guaranteed by

11-25    agencies or instrumentalities of the United States government;

11-26                (5)  bankers' acceptances that:

11-27                      (A)  are eligible for purchase by the Federal

 12-1    Reserve System;

 12-2                      (B)  do not exceed 270 days to maturity; and

 12-3                      (C)  are issued by a bank that has received the

 12-4    highest short-term credit rating by a nationally recognized

 12-5    investment rating firm;

 12-6                (6)  commercial paper that:

 12-7                      (A)  does not exceed 270 days to maturity; and

 12-8                      (B)  except as provided by Subsection (i), has

 12-9    received the highest short-term credit rating by a nationally

12-10    recognized investment rating firm;

12-11                (7)  contracts written by the treasury in which the

12-12    treasury grants the purchaser the right to purchase securities in

12-13    the treasury's marketable securities portfolio at a specified price

12-14    over a specified period and for which the treasury is paid a fee

12-15    and specifically prohibits naked-option or uncovered option

12-16    trading;

12-17                (8)  direct obligations of or obligations guaranteed by

12-18    the Inter-American Development Bank, the International Bank for

12-19    Reconstruction and Development (the World Bank), the African

12-20    Development Bank, the Asian Development Bank, and the International

12-21    Finance Corporation that have received the highest credit rating by

12-22    a nationally recognized investment rating firm;

12-23                (9)  bonds issued, assumed, or guaranteed by the State

12-24    of Israel;

12-25                (10)  obligations of a state or an agency, county,

12-26    city, or other political subdivision of a state; and

12-27                (11)  mutual funds secured by obligations that are

 13-1    described by Subdivisions (1) through (6).

 13-2          (d)  The comptroller [board] may contract with a depository

 13-3    for the payment of interest on time or demand deposits at a rate

 13-4    not to exceed a rate that is lawful under an Act of Congress and

 13-5    rules and regulations of the board of governors of the Federal

 13-6    Reserve System, the board of directors of the Federal Deposit

 13-7    Insurance Corporation, the National Credit Union Administration

 13-8    Board, and the Federal Home Loan Banking Board.

 13-9          (f)  The comptroller [treasurer] by rule may define

13-10    derivative investments other than those described by Subsection

13-11    (e).  The treasury may not purchase investments defined by rule

13-12    adopted under this subsection in an amount that at the time of

13-13    purchase will cause the aggregate value of the investments to

13-14    exceed five percent of the treasury's total investments.

13-15          (g)  To the extent practicable, the comptroller [treasurer]

13-16    shall give first consideration to Texas banks when investing in

13-17    direct security repurchase agreements.

13-18          (h)  The comptroller [treasurer] may not use state funds to

13-19    invest in or purchase obligations of a private corporation or other

13-20    private business entity doing business in Northern Ireland unless

13-21    the corporation or other entity:

13-22                (1)  adheres to fair employment practices; and

13-23                (2)  does not discriminate on the basis of race, color,

13-24    religion, sex, national origin, or disability.

13-25          (i)  Notwithstanding Subsection (b)(6)(B), the comptroller

13-26    [treasurer] may purchase commercial paper with a rating lower than

13-27    the rating required by that subsection to provide liquidity for

 14-1    commercial paper issued by the comptroller [treasurer] or an agency

 14-2    of the state.

 14-3          SECTION 4.09.   Sections 404.0245(b)-(d), Government Code,

 14-4    are amended to read as follows:

 14-5          (b)  Subject to the limitations of Subsection (c), the

 14-6    comptroller [board] may determine and designate the amount of state

 14-7    funds  that shall be invested by the comptroller [treasurer] in

 14-8    hedging transactions in crude oil and natural gas futures contracts

 14-9    and options on crude oil and natural gas futures contracts that are

14-10    traded on an established exchange regulated by the Securities and

14-11    Exchange Commission or the Commodity Futures Trading Commission.

14-12          (c)  The principal amount of state funds invested and

14-13    outstanding in hedging transactions on any one day may not exceed

14-14    $500,000 with a maximum risk of loss of $5,000,000 in a biennium.

14-15    The total principal amount of state funds that may be invested by

14-16    the comptroller [treasurer] in hedging transactions during any one

14-17    biennium may not exceed the amount of money credited to the

14-18    unclaimed money fund for that biennium and attributable to the

14-19    remittance of mineral proceeds under Chapter 75, Property Code.

14-20    Any premium incurred in connection with hedging transactions may be

14-21    paid only from funds appropriated for that purpose.

14-22          (d)  The comptroller [board by rule] shall invest [regulate

14-23    the investment of] state funds in crude oil and natural gas

14-24    futures contracts or options on crude oil and natural gas futures

14-25    contracts under the[.  The rules shall provide] restrictions and

14-26    procedures for making [the] investments that persons of ordinary

14-27    prudence, discretion, and intelligence, exercising the judgment and

 15-1    care under the circumstances then prevailing, would follow in the

 15-2    management of their own affairs, not in regard to speculation but

 15-3    in regard to the permanent disposition of their funds, considering

 15-4    the probable income as well as the probable safety of their

 15-5    capital.  The investments may be made only for hedging purposes.

 15-6          SECTION 4.10.  Section 404.026, Government Code, is amended

 15-7    to read as follows:

 15-8          Sec. 404.026.  ELEEMOSYNARY FUNDS.  The comptroller [board]

 15-9    may invest the permanent funds of the Texas School for the Blind

15-10    and Visually Impaired, Texas School for the Deaf, Austin State

15-11    Hospital, and Corsicana State Home and may invest other permanent

15-12    funds, the investment of which is not otherwise provided for, that

15-13    have $1,000 or more on deposit with the comptroller [treasurer]

15-14    that are not invested.  The comptroller [board] shall invest the

15-15    funds  in the same classes of bonds as are authorized for

15-16    investment of the permanent school fund.

15-17          SECTION 4.11.  Section 404.032, Government Code, is amended

15-18    to read as follows:

15-19          Sec. 404.032.  DEPOSITS.  (a)  The comptroller [treasurer]

15-20    shall deposit state funds in depositories that satisfy  the

15-21    collateral requirements of this chapter.  The comptroller

15-22    [treasurer] may deposit funds designated as demand deposits only in

15-23    institutions designated as depositories by the comptroller [board].

15-24          (b)  The comptroller [treasurer] shall monitor the financial

15-25    stability of state depositories in which state deposits are held

15-26    and take appropriate action to protect state funds.

15-27          (c)  A state depository shall collect all checks, drafts, and

 16-1    demands for money deposited with it by the comptroller [treasurer].

 16-2    If the depository uses due diligence, it is not liable for the

 16-3    collections until the proceeds of the collections are duly received

 16-4    by the depository bank.  An expense incurred in collection that the

 16-5    depository is not permitted to pay by reason of an Act of Congress

 16-6    or a rule or regulation adopted under such an Act by the board of

 16-7    governors of the Federal Reserve System or the board of directors

 16-8    of the Federal Deposit Insurance Corporation shall be charged to

 16-9    and paid by the comptroller [treasurer] out of money appropriated

16-10    by the legislature for that purpose.

16-11          (d)  The comptroller [treasurer] shall keep sufficient money

16-12    on deposit in demand deposit accounts in depositories designated by

16-13    the comptroller [board] as clearing institutions to meet all

16-14    current claims on the state.  Items received by the comptroller

16-15    [treasurer] for collection shall be deposited with a clearing

16-16    institution to be credited to the demand deposit account in the

16-17    depository.  Checks, drafts, or warrants drawn by the comptroller

16-18    [treasurer] for the payment of obligations due by the state may be

16-19    drawn on such an account in such a depository or on the demand

16-20    deposit account in another state depository so that the checks,

16-21    drafts, or warrants of the state may at all times pass current as

16-22    cash.

16-23          SECTION 4.12.  Section 404.033, Government Code, is amended

16-24    to read as follows:

16-25          Sec. 404.033.  WITHDRAWALS AND REMITTANCES.  (a)  Funds on

16-26    deposit with a depository are subject to withdrawal at any time by

16-27    the comptroller [treasurer], except funds designated as time

 17-1    deposits, which may be withdrawn in the manner agreed on in the

 17-2    contract under which the funds were deposited.  The depository

 17-3    shall remit the withdrawal on demand and free of charge, except

 17-4    charges that the depository is not permitted to pay by reason of an

 17-5    Act of Congress or a rule or regulation adopted under such an Act

 17-6    by the board of governors of the Federal Reserve System or the

 17-7    board of directors of the Federal Deposit Insurance Corporation.

 17-8          (b)  A remittance to the comptroller [treasurer] by a state

 17-9    depository or another person may be made by any method authorized

17-10    by the comptroller [treasurer], including cash, money order, or

17-11    bank draft.  The liability of the depository or other person making

17-12    the remittance continues until the money is received by the

17-13    comptroller [treasurer].  A depository that refuses to make a

17-14    remittance required by this chapter forfeits its right to receive

17-15    further deposits, on order of the comptroller [board].  The

17-16    comptroller [board] may withdraw all funds from the depository,

17-17    which after the withdrawal ceases to be a state depository.

17-18          SECTION 4.13.  Sections 481.193(f)-(i), Government Code, are

17-19    amended to read as follows:

17-20          (f)  After reviewing each linked deposit loan application,

17-21    the executive director of the department shall recommend to the

17-22    comptroller [state treasurer] the acceptance or rejection of the

17-23    application.

17-24          (g)  After the comptroller's [state treasurer's] acceptance

17-25    of the application and the lending institution originates a loan to

17-26    an eligible borrower, the comptroller [state treasurer] shall place

17-27    a linked deposit with the applicable eligible lending institution

 18-1    for the period the comptroller [treasurer] considers appropriate.

 18-2    The comptroller [state treasurer] may not place a deposit for a

 18-3    period extending beyond the state fiscal biennium in which it is

 18-4    placed.  Subject to the limitation described by Section 481.197,

 18-5    the comptroller [treasurer] may place time deposits at an interest

 18-6    rate described by Section 481.192[, notwithstanding any order of

 18-7    the State Depository Board to the contrary].

 18-8          (h)  Before the placing of a linked deposit, the eligible

 18-9    lending institution and the state, represented by the comptroller

18-10    [state treasurer] and the department, shall enter into a written

18-11    deposit agreement containing the conditions on which the linked

18-12    deposit is made.  The deposit agreement must provide that:

18-13                (1)  the lending institution notify the comptroller

18-14    [state treasurer] if the borrower to which the deposit is linked

18-15    defaults on the loan; and

18-16                (2)  in the event of a default the comptroller [state

18-17    treasurer] may withdraw the linked deposit.

18-18          (i)  If a lending institution holding linked deposits ceases

18-19    to be a state depository, the comptroller [state treasurer] may

18-20    withdraw the linked deposits.

18-21          SECTION 4.14.  Section 845.103(b), Government Code, is

18-22    amended to read as follows:

18-23          (b)  In handling the funds of the retirement system, the

18-24    board of trustees has all powers and duties granted to the

18-25    comptroller that formerly were granted to the State Depository

18-26    Board.

18-27          SECTION 4.15.  Section 855.103(b), Government Code, is

 19-1    amended to read as follows:

 19-2          (b)  In handling the funds of the retirement system, the

 19-3    board of trustees has all powers and duties granted to the

 19-4    comptroller that formerly were granted to the State Depository

 19-5    Board.

 19-6          SECTION 4.16.  Section 2257.025(b), Government Code, is

 19-7    amended to read as follows:

 19-8          (b)  The comptroller [board] or the public entity may examine

 19-9    and verify at any reasonable time a pledged investment security or

19-10    a record a depository maintains under this section.

19-11          SECTION 4.17.  Section 2257.041(d), Government Code, is

19-12    amended to read as follows:

19-13          (d)  A custodian must be approved by the public entity and

19-14    be:

19-15                (1)  a state or national bank that:

19-16                      (A)  is designated by the comptroller [board] as

19-17    a state depository;

19-18                      (B)  is domiciled in this state; and

19-19                      (C)  has a capital stock and permanent surplus of

19-20    $5 million or more;

19-21                (2)  the Texas Treasury Safekeeping Trust Company;

19-22                (3)  a Federal Reserve Bank or a branch of a Federal

19-23    Reserve Bank; or

19-24                (4)  a federal home loan bank.

19-25          SECTION 4.18.  Sections 2257.046(b) and (c), Government Code,

19-26    are amended to read as follows:

19-27          (b)  The comptroller [board] or the public entity may examine

 20-1    and verify at any reasonable time a pledged investment security or

 20-2    a record a custodian maintains under this section.  The public

 20-3    entity or its agent may inspect at any time an investment security

 20-4    evidenced by a trust receipt.

 20-5          (c)  The public entity's custodian shall file a collateral

 20-6    report with the comptroller [board] in the manner and on the dates

 20-7    prescribed by the comptroller [board].

 20-8          SECTION 4.19.  Sections 2257.061, 2257.062, 2257.063, and

 20-9    2257.064, Government Code, are amended to read as follows:

20-10          Sec. 2257.061.  AUDITS AND EXAMINATIONS.  As part of an audit

20-11    or regulatory examination of a public entity's depository or

20-12    custodian, the auditor or examiner shall:

20-13                (1)  examine and verify pledged investment securities

20-14    and records maintained under Section 2257.025 or 2257.046; and

20-15                (2)  report any significant or material noncompliance

20-16    with this chapter to the comptroller [board].

20-17          Sec. 2257.062.  PENALTIES.  (a)  The comptroller [board] may

20-18    revoke a depository's designation as a state depository for one

20-19    year if, after notice and a hearing, the comptroller [board] makes

20-20    a written finding that the depository, while acting as either a

20-21    depository or a custodian:

20-22                (1)  did not maintain reasonable compliance with this

20-23    chapter; and

20-24                (2)  failed to remedy a violation of this chapter

20-25    within a reasonable time after receiving written notice of the

20-26    violation.

20-27          (b)  The comptroller [board] may permanently revoke a

 21-1    depository's designation as a state depository if the comptroller

 21-2    [board] makes a written finding that the depository:

 21-3                (1)  has not maintained reasonable compliance with this

 21-4    chapter; and

 21-5                (2)  has acted in bad faith by not remedying a

 21-6    violation of this chapter.

 21-7          Sec. 2257.063.  MITIGATING CIRCUMSTANCES.  (a)  The

 21-8    comptroller [board] shall consider the total circumstances relating

 21-9    to the performance of a depository or custodian when the

21-10    comptroller [board] makes a finding required by Section 2257.062,

21-11    including the extent to which the noncompliance is minor, isolated,

21-12    temporary, or nonrecurrent.

21-13          (b)  The comptroller [board] may not find that a depository

21-14    or custodian did not maintain reasonable compliance with this

21-15    chapter if the noncompliance results from the public entity's

21-16    failure to comply with Section 2257.026.

21-17          (c)  This section does not relieve a depository or custodian

21-18    of the obligation to secure a deposit of public funds with eligible

21-19    security in the amount and manner required by this chapter within a

21-20    reasonable time after the public entity deposits the deposit of

21-21    public funds with the depository.

21-22          Sec. 2257.064.  REINSTATEMENT.  The comptroller [board] may

21-23    reinstate a depository's designation as a state depository if:

21-24                (1)  the comptroller [board] determines that the

21-25    depository has remedied all violations of this chapter; and

21-26                (2)  the depository assures the comptroller [board] to

21-27    the comptroller's [board's] satisfaction that the depository will

 22-1    maintain reasonable compliance with this chapter.

 22-2          SECTION 4.20.  Section 154.051, Tax Code, is amended to read

 22-3    as follows:

 22-4          Sec. 154.051.  CIGARETTE TAX RECOVERY TRUST FUND.  (a)  The

 22-5    cigarette tax recovery trust fund is a private trust fund

 22-6    established outside the state treasury and as provided by this

 22-7    section secures the payment of cigarette taxes by distributors who

 22-8    contribute to the fund.  The fund is composed of the total amount

 22-9    in the separate accounts maintained in trust for all contributing

22-10    distributors as provided by this section.  The assets of the fund,

22-11    including interest earned by those assets, are to be held in trust

22-12    for the benefit and protection of the state treasury, and may not

22-13    be diverted, distributed, or appropriated for any purpose other

22-14    than as provided by this section.  Interest earned by a

22-15    distributor's account but not yet refunded to the distributor

22-16    pursuant to Subsection (d) shall, on a monthly basis, be paid to

22-17    the comptroller [treasurer] as provided by Subsection (b) or

22-18    credited to the distributor's account.

22-19          (b)  The comptroller [treasurer] is the trustee of the fund

22-20    as provided by Section 404.073, Government Code, and shall manage

22-21    the fund as provided by this section.  In investing the assets of

22-22    the fund, the comptroller [treasurer] has the obligations, duties,

22-23    and powers provided for the investment of state funds by Sections

22-24    404.021 through 404.025, Government Code[, and by the orders of the

22-25    State Depository Board].  The comptroller [treasurer] shall receive

22-26    five percent of the interest earned on all assets of the fund as

22-27    compensation for serving as trustee of the fund.

 23-1          (c)  A distributor who orders stamps or requests a meter

 23-2    setting from the comptroller [state treasurer] under this chapter

 23-3    without advance payment shall contribute to an account maintained

 23-4    in the distributor's name in the fund money in the amount of each

 23-5    discount to which the distributor is entitled under Section 154.052

 23-6    of this code.  When the money in the distributor's account equals

 23-7    20 percent of the designated amount of stamps and meter setting

 23-8    requested by the distributor and approved by the comptroller

 23-9    [treasurer] to be purchased in any one month, the distributor's

23-10    interest in the fund becomes vested.

23-11          (d)  Except as provided by Subsection (g) of this section, on

23-12    the last day of each quarter after the quarter in which a

23-13    distributor's interest in the fund becomes vested, the comptroller

23-14    [treasurer] shall refund to the distributor all money contributed

23-15    to the fund by the distributor under Subsection (c) of this section

23-16    in the earliest preceding quarter for which a refund has not been

23-17    paid, plus interest earned on that amount, as long as the

23-18    distributor's interest in the fund remains vested.

23-19          (e)  Until a distributor who orders stamps or requests a

23-20    meter setting without advance payment acquires a vested interest in

23-21    the fund, the comptroller [treasurer] may require the distributor

23-22    to post with the comptroller [treasurer] an irrevocable letter of

23-23    credit drawn in the form and amount specified by the comptroller

23-24    [treasurer] to secure the payment of cigarette taxes by that

23-25    distributor.  The comptroller [treasurer] may not ship stamps to or

23-26    set a meter for a distributor not having a vested interest in the

23-27    fund without advance payment until the distributor posts the

 24-1    required letter of credit.

 24-2          (f)  In addition to any other requirement under this section,

 24-3    the comptroller [treasurer] as a condition for shipping stamps or

 24-4    setting a meter without advance payment may:

 24-5                (1)  require a fiscal-year-end financial statement,

 24-6    including a balance sheet and income statement verifiable as to its

 24-7    accuracy or other financial information acceptable to the

 24-8    comptroller [treasurer] and verifiable as to its accuracy;

 24-9                (2)  require indemnification from each officer,

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

24-11    stock, if the distributor is a corporation, from each partner, if

24-12    the distributor is a partnership, from each member or owner of a

24-13    joint venture or syndication, and from the owner of a sole

24-14    proprietorship;

24-15                (3)  require the distributor to obtain and provide the

24-16    comptroller [treasurer] with a credit report from a credit

24-17    reporting agency acceptable to the comptroller [treasurer];

24-18                (4)  require a distributor to increase the balance in

24-19    its account in the fund;

24-20                (5)  require a distributor to post a letter of credit;

24-21                (6)  reduce a distributor's credit time or amount; or

24-22                (7)  take any other reasonable and necessary action to

24-23    protect the state treasury from loss due to the nonpayment of

24-24    cigarette taxes.

24-25          (g)  If a distributor who has an account in the fund fails to

24-26    pay in full a tax imposed by this chapter by the due date, the

24-27    comptroller [treasurer], without prior notice to the distributor or

 25-1    any other preliminary procedure, may seize any unaffixed stamps and

 25-2    any stamped cigarette packages, up to and including the full amount

 25-3    of unpaid tax.  If the proceeds from the seizure do not satisfy the

 25-4    total tax deficiency or the comptroller [treasurer] does not seize

 25-5    any unaffixed stamps or stamped cigarette packages, the comptroller

 25-6    [treasurer] may withdraw immediately from the fund an amount equal

 25-7    to the amount of unpaid taxes due.  The comptroller [treasurer]

 25-8    shall first withdraw the amount from the account of the defaulting

 25-9    distributor. The comptroller [treasurer] shall use the

25-10    comptroller's [treasurer's] best efforts to collect the tax due

25-11    from the  defaulting distributor before withdrawing money from the

25-12    other accounts in the fund to satisfy the tax liability.  If that

25-13    distributor's account does not contain sufficient money to satisfy

25-14    the tax liability in full, the comptroller [treasurer] shall

25-15    withdraw the additional amount necessary to satisfy that liability

25-16    from the other accounts in the fund in proportion to the balance of

25-17    each account, except that the withdrawal from any other

25-18    distributor's account in the fund is limited to an amount not

25-19    greater than 50 percent of the designated amount of stamps and

25-20    meter settings requested by the distributor under Subsection (c) or

25-21    of the amount required by the comptroller [treasurer] under

25-22    Subsection (f)(4).  Not later than the fifth day after the date of

25-23    a withdrawal, the comptroller [treasurer] shall notify each

25-24    distributor of the withdrawal from its account and the amount

25-25    withdrawn.  If as a result of a withdrawal made under this

25-26    subsection a distributor's balance in its account is reduced to an

25-27    amount less than the minimum required under this section, the

 26-1    distributor's interest in the fund is no longer vested, and the

 26-2    comptroller [treasurer] may discontinue refunds to the distributor

 26-3    under Subsection (d) until the distributor again acquires a vested

 26-4    interest in the fund.  The comptroller [treasurer] may require a

 26-5    distributor whose interest in the fund is no longer vested to post

 26-6    an irrevocable letter of credit with the comptroller [treasurer] to

 26-7    secure the payment of cigarette taxes by the distributor.  To

 26-8    protect the fund, each distributor having an account in the fund

 26-9    must indemnify the fund against any amount withdrawn from the fund

26-10    under this subsection because of the failure of the distributor to

26-11    pay in full a tax imposed by this chapter by the due date.

26-12          (h)  If distributor accounts, other than a defaulting

26-13    distributor account, are drawn pursuant to Subsection (g) of this

26-14    section, each affected, nondefaulting distributor shall have a

26-15    claim against the defaulting distributor for the amount so drawn.

26-16    The comptroller [treasurer] is hereby appointed trustee, agent, and

26-17    assignee of each affected, nondefaulting distributor for purposes

26-18    of seeking recovery of the amount so drawn.  The comptroller

26-19    [treasurer] shall have the sole judgment and discretion in deciding

26-20    whether or not to pursue such a claim and shall have discretion to

26-21    handle any such claim on any basis that in the opinion of the

26-22    comptroller [treasurer] is in the best interest of the fund.  The

26-23    comptroller [treasurer] is released from any liability related to

26-24    the  handling of the claims described in this section except for

26-25    intentional or wilful misconduct.

26-26          (i)  A distributor or person authorized to act on behalf of a

26-27    distributor may notify the comptroller [treasurer] in writing that

 27-1    the distributor no longer desires to have stamps shipped or a meter

 27-2    set without advance payment, and may request that the money in the

 27-3    distributor's account in the fund be paid to the distributor or the

 27-4    distributor's heirs or assigns.  The comptroller [treasurer] shall

 27-5    pay the money in the distributor's account as requested at the end

 27-6    of the next quarter after all outstanding taxes owed to the state

 27-7    by the distributor have been paid.

 27-8          (j)  Under no circumstances shall the comptroller [treasurer]

 27-9    return to any distributor an amount greater than the balance in the

27-10    distributor's account within the cigarette tax recovery trust fund

27-11    less any sums drawn pursuant to Subsection (g) of this section.

27-12    The State of Texas' liability to any distributor pursuant to this

27-13    section is expressly limited to the sums on deposit in the

27-14    distributor's account at the time the request for return of funds

27-15    is made.

27-16          (k)  The comptroller [treasurer] may adopt and enforce rules

27-17    necessary to carry out this section.

27-18          (l)  For purposes of this section, "quarter" refers to a

27-19    quarter of the state's fiscal year.

27-20          (m)  Information provided under Subsection (f) is

27-21    confidential and not subject to Chapter 552, Government Code.

27-22          (n)  The comptroller [treasurer] shall regularly distribute

27-23    financial information regarding the performance of the fund to

27-24    participating distributors on a regular basis.  On the written

27-25    request of a participating distributor, the comptroller [treasurer]

27-26    shall provide the distributor with the name and address of each

27-27    distributor participating in the fund, the percentage of the total

 28-1    fund represented by each distributor's account, and the total

 28-2    amount of money in the fund.

 28-3          (o)  In lieu of participation in the cigarette tax recovery

 28-4    trust fund to secure payment for stamps or meter settings and in

 28-5    lieu of advance payment for stamps or meter settings, a distributor

 28-6    may pledge to the comptroller [treasurer] sufficient collateral to

 28-7    secure payment for stamps or meter settings.  Such pledge shall be

 28-8    evidenced by a pledge agreement in a form promulgated by the

 28-9    comptroller [treasurer], and such collateral shall consist of

28-10    certificates of deposit, treasury notes, treasury bills, or other

28-11    similar types of collateral acceptable to the comptroller

28-12    [treasurer] and held in a separate trust fund established in the

28-13    Texas Treasury Safekeeping Trust Company.  All interest earned on

28-14    such collateral shall belong to the distributor.  The comptroller

28-15    [treasurer] may require the pledge of additional collateral in the

28-16    event the comptroller [treasurer] determines that the fair market

28-17    value of the pledged collateral is less than the amount due the

28-18    comptroller [treasurer] for stamps or meter settings.  On the

28-19    written request of the distributor, the comptroller [treasurer]

28-20    shall release collateral from the pledge agreement or allow the

28-21    substitution of collateral subject to the pledge agreement if after

28-22    such release or substitution the fair market value of the

28-23    collateral subject to the pledge will be equal to or greater than

28-24    the amount due the comptroller [treasurer] for stamps or meter

28-25    settings.  If a distributor fails to pay tax in full when due, the

28-26    comptroller [treasurer] may, if the distributor does not pay such

28-27    past due tax and any penalty related thereto within three days

 29-1    after receipt of written notice of such failure from the

 29-2    comptroller [treasurer], sell or dispose of the collateral and

 29-3    apply the proceeds to the payment of taxes, interest, penalties,

 29-4    and costs due to the comptroller [treasurer] by the distributor,

 29-5    with any remaining proceeds being refunded to the distributor.

 29-6          SECTION 4.21. Section 20.002(2), Water Code, is amended to

 29-7    read as follows:

 29-8                (2)  "Authorized investments" means:

 29-9                      (A)  direct obligations of or obligations the

29-10    principal of and interest on which are guaranteed by the United

29-11    States;

29-12                      (B)  direct obligations of or participation

29-13    certificates guaranteed by the Federal Intermediate Credit Bank,

29-14    Federal Land Banks, Federal National Mortgage Association, Federal

29-15    Home Loan Banks, and Banks for Cooperatives;

29-16                      (C)  direct obligations of or obligations the

29-17    principal of and interest on which are guaranteed by the State of

29-18    Texas;

29-19                      (D)  bonds of cities, counties, and other

29-20    political subdivisions of this state, other than bonds issued by a

29-21    political subdivision to finance a project covered by this chapter;

29-22                      (E)  certificates of deposit of state and

29-23    national banks that satisfy the requirements of Section 2.015,

29-24    Chapter 240, Acts of the 69th Legislature, Regular Session, 1985

29-25    (Article 4393-1, Vernon's Texas Civil Statutes), and the rules of

29-26    the comptroller [State Depository Board] and if the authority or a

29-27    financial institution acting solely as agent for the authority

 30-1    possesses the collateral securing those deposits; and

 30-2                      (F)  direct security repurchase agreements made

 30-3    only with state or national banks domiciled in the state under

 30-4    which the authority buys, holds in its possession or the possession

 30-5    of a financial institution acting solely as agent for the authority

 30-6    for a specified time, and then sells back any of the following

 30-7    securities, obligations, or participation certificates:

 30-8                            (i)  United States government securities;

 30-9                            (ii)  direct obligations of or obligations

30-10    the principal of and interest on which are guaranteed by the United

30-11    States; and

30-12                            (iii)  direct obligations of or

30-13    participation certificates guaranteed by the Federal Intermediate

30-14    Credit Bank, Federal Land Banks, Federal National Mortgage

30-15    Association, Federal Home Loan Banks, and Banks for Cooperatives.

30-16          SECTION 4.22.  The following laws are repealed:

30-17                (1)  Sections 404.011 and 404.012, Government Code;

30-18                (2)  Section 404.001(1), Government Code;

30-19                (3)  Section 404.031(k), Government Code; and

30-20                (4)  Section 2257.002(2), Government Code.

30-21           ARTICLE 5.  ABOLITION OF EGG MARKETING ADVISORY BOARD

30-22          SECTION 5.01.  The Egg Marketing Advisory Board is abolished.

30-23          SECTION 5.02.  Section 132.007, Agriculture Code, is

30-24    repealed.

30-25     ARTICLE 6.  ABOLITION OF ELECTRONIC DATA BASE ADVISORY COMMITTEE

30-26          SECTION 6.01.  The electronic data base advisory committee is

30-27    abolished.

 31-1          SECTION 6.02.  Section 481.060, Government Code, is amended

 31-2    to read as follows:

 31-3          Sec. 481.060.  ELECTRONIC DATA BASE.  (a)  In cooperation

 31-4    with other state agencies, the international trade division of the

 31-5    department shall develop an electronic data base to compile

 31-6    international trade information, including information on economic,

 31-7    educational, and other opportunities in the public and private

 31-8    sectors.  The division shall connect that data base with

 31-9    appropriate state, federal, and international communication

31-10    networks.

31-11          (b)  [The electronic data base advisory committee is composed

31-12    of:]

31-13                [(1)  a representative from the center for border

31-14    economic and enterprise development at The University of Texas at

31-15    El Paso, appointed by the president of the university;]

31-16                [(2)  a representative from the University of North

31-17    Texas Institute for Regional Industrialization and Manufacturing

31-18    Technology, appointed by the president of the university;]

31-19                [(3)  a representative from the Bureau of Business

31-20    Research at The University of Texas at Austin, appointed by the

31-21    president of the university;]

31-22                [(4)  a representative from the Texas Agriculture

31-23    Market and Research Center, appointed by the president of Texas A&M

31-24    University;]

31-25                [(5)  a representative from The University of Texas at

31-26    San Antonio, College of Business, division of management and

31-27    marketing, appointed by the president of the university;]

 32-1                [(6)  a representative from The University of Texas-Pan

 32-2    American, appointed by the president of the university;]

 32-3                [(7)  a representative from Texas A&M International

 32-4    University, appointed by the president of the university;]

 32-5                [(8)  a representative from Texas Tech University,

 32-6    appointed by the president of the university;]

 32-7                [(9)  a representative from the University of Houston,

 32-8    appointed by the president of the university;]

 32-9                [(10)  a representative from Lamar University,

32-10    appointed by the president of the university;]

32-11                [(11)  a representative from Sul Ross State University,

32-12    appointed by the president of the university; and]

32-13                [(12)  persons appointed by the governor or the

32-14    executive director of the department.]

32-15          [(c)  If a member of the advisory committee who represents a

32-16    university ceases to be employed by the university, the member's

32-17    position on the advisory committee becomes vacant on the day

32-18    employment ceases.  A vacancy shall be filled by the president of

32-19    the university that the member represents.]

32-20          [(d)  The advisory committee shall recommend to the

32-21    department procedures for the dissemination of the data base.]

32-22          [(e)]  The department may accept gifts, grants, and donations

32-23    from any source for the operation of the data base.

32-24            ARTICLE 7.  ABOLITION OF ENERGY ADVISORY COMMITTEE

32-25          SECTION 7.01.  The energy advisory committee is abolished.

32-26          SECTION 7.02.  Section 761.006, Government Code, is repealed.

32-27          ARTICLE 8.  ABOLITION OF STATE MEDICAL EDUCATION BOARD

 33-1          SECTION 8.01.  The State Medical Education Board is

 33-2    abolished.  All powers, duties, obligations, contracts, funds, and

 33-3    any personnel or property of the board are transferred to the Texas

 33-4    Department of Health for the limited purpose of allowing the

 33-5    department to administer any outstanding loans administered by the

 33-6    board, including attempting to collect amounts owed on any loans in

 33-7    default, and taking any other action necessary to finish the

 33-8    business of the board.

 33-9          SECTION 8.02.  The State Medical Education Act (Article

33-10    4498c, Vernon's Texas Civil Statutes) is repealed, except that that

33-11    law is continued in effect for the limited purpose described by

33-12    Section 8.01 of this article.

33-13             ARTICLE 9.  TRANSITION; EFFECTIVE DATE; EMERGENCY

33-14          SECTION 9.01.  If an entity that is abolished by this Act has

33-15    property, records, or other assets and the article of this Act that

33-16    abolishes the entity does not provide for their disposition, the

33-17    General Services Commission shall take custody of the property,

33-18    records, or other assets of the entity unless the governor

33-19    designates another appropriate governmental entity to take custody

33-20    of the property, records, or other assets.

33-21          SECTION 9.02.  This Act takes effect September 1, 1997.

33-22          SECTION 9.03.  The importance of this legislation and the

33-23    crowded condition of the calendars in both houses create an

33-24    emergency and an imperative public necessity that the

33-25    constitutional rule requiring bills to be read on three several

33-26    days in each house be suspended, and this rule is hereby suspended.