By Sibley                                       S.B. No. 1288

      75R327 JRD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to conforming the statutes to reflect the abolishment of

 1-3     the office of state treasurer.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5               ARTICLE 1.  CHANGES TO ALCOHOLIC BEVERAGE CODE 

 1-6           SECTION 1.01.  Section 5.441(a), Alcoholic Beverage Code, is

 1-7     amended to read as follows:

 1-8           (a)  If a member of the commission, the administrator, or an

 1-9     employee of the commission is called to attend a federal or state

1-10     judicial proceeding inside or outside the state and the attendance

1-11     relates to the individual's duties with the commission, the

1-12     individual shall pay to the comptroller [state treasurer] any

1-13     witness fees he receives.  The comptroller [treasurer] shall

1-14     deposit the fees in the state treasury to the credit of an

1-15     appropriation made to the commission for payment of fees and

1-16     mileage of witnesses called by the commission.

1-17           SECTION 1.02.  Section 11.35, Alcoholic Beverage Code, is

1-18     amended to read as follows:

1-19           Sec. 11.35.  Payment of Fee.  Each permit application must be

1-20     accompanied by a cashier's check or money order for the amount of

1-21     the state fee, payable to the order of the comptroller [state

1-22     treasurer].

1-23           SECTION 1.03.  Section 201.06(a), Alcoholic Beverage Code, is

1-24     amended to read as follows:

 2-1           (a)  The tax on liquor, levied and computed under this

 2-2     subchapter, shall be paid by a remittance payable to the

 2-3     comptroller  [state treasurer] and forwarded together with any

 2-4     required sworn statement of taxes due to the commission in Austin

 2-5     on or before the date it is due.

 2-6           SECTION 1.04.  Section 201.48, Alcoholic Beverage Code, is

 2-7     amended to read as follows:

 2-8           Sec. 201.48.  Payment.  The tax on ale and malt liquor shall

 2-9     be paid by a remittance payable to the comptroller [state

2-10     treasurer] and forwarded, together with any required sworn

2-11     statements of taxes due, to the commission in Austin on or before

2-12     the date it is due.  A discount of two percent of the amount due

2-13     shall be withheld by the permittee or licensee for keeping records,

2-14     furnishing bonds, and properly accounting for the remittance of the

2-15     tax due.  No discount is permitted if the tax is delinquent at the

2-16     time of payment.

2-17           SECTION 1.05.  Section 201.97(b), Alcoholic Beverage Code, is

2-18     amended to read as follows:

2-19           (b)  On requisition of the commission, the tax stamps shall

2-20     be printed under the direction of the General Services Commission

2-21     [board of control] and furnished to the comptroller  [state

2-22     treasurer], who shall furnish the tax stamps only to holders of

2-23     medicinal permits in this state.

2-24           SECTION 1.06.  Section 203.10, Alcoholic Beverage Code, is

2-25     amended to read as follows:

2-26           Sec. 203.10.  Payment of Taxes; Discount.  The tax on beer

2-27     shall be paid by a remittance payable to the comptroller [state

 3-1     treasurer] and forwarded with any required sworn statements of

 3-2     taxes due to the commission in Austin on or before the due date.  A

 3-3     discount of two percent of the amount due shall be withheld by the

 3-4     permittee or licensee for keeping records, furnishing bonds, and

 3-5     properly accounting for the remittance of the tax due.  No discount

 3-6     is permitted if the tax is delinquent at the time of payment.

 3-7                  ARTICLE 2.  CHANGES TO AGRICULTURE CODE 

 3-8           SECTION 2.01.  Section 14.023, Agriculture Code, is amended

 3-9     to read as follows:

3-10           Sec. 14.023.  Termination of Storage.  (a)  A warehouseman

3-11     desiring to terminate the storage of grain in the warehouseman's

3-12     warehouse, including grain that is abandoned or is unclaimed prior

3-13     to the sale of a warehouse, shall do so in accordance with Sections

3-14     7.206 and 7.210, Business & Commerce Code, except that the

3-15     warehouseman is not required to hold the balance of the proceeds of

3-16     a sale, but may transfer the balance to the comptroller [state

3-17     treasurer], who shall treat the money in the same manner as an

3-18     escheated bank account.

3-19           (b)  A purchaser in good faith of grain sold under Section

3-20     7.210, Business & Commerce Code, takes the grain free of any rights

3-21     of the holder of the receipt, but the receipt is evidence of

3-22     entitlement to the escheated funds deposited with the comptroller

3-23     [state treasurer] under Subsection (a) of this section.

3-24           SECTION 2.02.  Sections 44.007(f), (g), (h), and (i),

3-25     Agriculture Code, are amended to read as follows:

3-26           (f)  After reviewing each linked deposit loan application,

3-27     the board shall recommend to the comptroller [state treasurer] the

 4-1     acceptance or rejection of the application.

 4-2           (g)  After acceptance of the application, the comptroller

 4-3     [state treasurer] shall place a linked deposit with the applicable

 4-4     eligible lending institution for the period the comptroller

 4-5     [treasurer] considers appropriate.  The comptroller [state

 4-6     treasurer] may not place a deposit for a period extending beyond

 4-7     the state fiscal biennium in which it is placed.  Subject to the

 4-8     limitation described by Section 44.010 of this chapter, the

 4-9     comptroller [treasurer] may place time deposits at an interest rate

4-10     described by Section 44.001(5)(A) of this chapter, notwithstanding

4-11     any order of the State Depository Board to the contrary.

4-12           (h)  Before the placing of a linked deposit, the eligible

4-13     lending institution and the state, represented by the comptroller

4-14     [state treasurer] and the board, shall enter into a written deposit

4-15     agreement containing the conditions on which the linked deposit is

4-16     made.

4-17           (i)  If a lending institution holding linked deposits ceases

4-18     to be a state depository, the comptroller [state treasurer] may

4-19     withdraw the linked deposits.

4-20           SECTION 2.03.  Section 44.008(b), Agriculture Code, is

4-21     amended to read as follows:

4-22           (b)  The board shall monitor compliance with this chapter and

4-23     inform the comptroller [state treasurer] of noncompliance on the

4-24     part of an eligible lending institution.

4-25           SECTION 2.04.  Sections 58.032(c) and (f), Agriculture Code,

4-26     are amended to read as follows:

4-27           (c)  The board may provide for the establishment and

 5-1     maintenance of separate accounts within the Texas agricultural

 5-2     fund, including program accounts as prescribed by the board, an

 5-3     interest and sinking account, a reserve account, and other accounts

 5-4     provided for by the board in its resolutions.  Repayments of

 5-5     financial assistance under any program funded in whole or in part

 5-6     with the proceeds of any series of general obligation bonds shall

 5-7     be deposited first in the interest and sinking account as

 5-8     prescribed by the board's resolutions authorizing such series of

 5-9     general obligation bonds, and second in the reserve account in

5-10     respect of such series of general obligation bonds until that

5-11     account is fully funded as prescribed by the board's resolutions.

5-12     The fund and all accounts within it shall be kept and maintained at

5-13     the direction of the board and held in trust by the  comptroller

5-14     [state treasurer] for and on behalf of the authority and the owners

5-15     of the general obligation bonds issued in accordance with this

5-16     chapter, and may be used only as provided by this chapter.  Pending

5-17     its use, money in the fund shall be invested as prescribed by the

5-18     resolution by which the bonds were issued.

5-19           (f)  The department may receive, and shall deposit in the

5-20     Texas agricultural fund, appropriations, grants, donations, earned

5-21     federal funds, and the proceeds of any investment pools operated by

5-22     the comptroller [treasurer].

5-23           SECTION 2.05.  Section 58.033(d), Agriculture Code, is

5-24     amended to read as follows:

5-25           (d)  The board may make additional covenants with respect to

5-26     the bonds and the pledged revenues and may provide for the flow of

5-27     funds, the establishment and maintenance and investment of funds,

 6-1     which may include interest and sinking funds, reserve funds,

 6-2     program funds, and other funds.  Those funds shall be kept and

 6-3     maintained in escrow and in trust by the comptroller [state

 6-4     treasurer] for and on behalf of the authority and the owners of its

 6-5     revenue bonds, in funds held outside the treasury pursuant to

 6-6     Chapter 404, Government Code [Section 3.051, Treasury Act (Article

 6-7     4393-1, Vernon's Texas Civil Statutes)].  Those funds shall be used

 6-8     only as provided by this chapter, and pending their use shall be

 6-9     invested as provided by any resolution of the authority.  Legal

6-10     title to those funds shall be in the authority unless or until paid

6-11     out as provided by this chapter or by the resolutions authorizing

6-12     the authority's bonds.  The comptroller [state treasurer], as

6-13     custodian, shall administer those funds strictly and only as

6-14     provided by this chapter and in those resolutions.  The comptroller

6-15     [treasurer] shall invest the funds in investments authorized by law

6-16     for state funds.  The state shall take no action with respect to

6-17     those funds other than that specified in this chapter and in those

6-18     resolutions.

6-19           SECTION 2.06.  Section 58.035, Agriculture Code, is amended

6-20     to read as follows:

6-21           Sec. 58.035.  Refunding Bonds.  The authority may issue,

6-22     sell, and deliver bonds to refund all or any part of its

6-23     outstanding bonds, including the payment of any redemption premium

6-24     and interest accrued, under such terms, conditions, and details as

6-25     determined by the board.  Bonds issued by the authority may be

6-26     refunded in the manner provided by any other applicable statute,

6-27     including Chapter 503, Acts of the 54th Legislature, Regular

 7-1     Session, 1955 (Article 717k, Vernon's Texas Civil Statutes), and

 7-2     Chapter 784, Acts of the 61st Legislature, Regular Session, 1969

 7-3     (Article 717k-3, Vernon's Texas Civil Statutes).  Bonds, the

 7-4     provision for the payment of all interest and applicable premiums

 7-5     on which and the principal of which has been made through the

 7-6     irrevocable deposit of money with the comptroller [treasurer] in

 7-7     accordance with the provisions of such an applicable statute, shall

 7-8     no longer be charged against the issuing authority of the

 7-9     authority, and on the making of such provision such issuing

7-10     authority shall, to the extent of the principal amount of such

7-11     bonds, be restored.

7-12           SECTION 2.07.  Section 58.039(a), Agriculture Code, as added

7-13     by Chapter 32, Acts of the 70th Legislature, 2nd Called Session,

7-14     1987, is amended to read as follows:

7-15           (a)  The bond review board is composed of:

7-16                 (1)  the governor;

7-17                 (2)  the lieutenant governor;

7-18                 (3)  the speaker of the house of representatives; and

7-19                 (4)  [the state treasurer; and]

7-20                 [(5)]  the comptroller of public accounts.

7-21           SECTION 2.08.  Section 59.015(a), Agriculture Code, is

7-22     amended to read as follows:

7-23           (a)  The board may use money in the fund attributable to the

7-24     issuance and sale of bonds to pay:

7-25                 (1)  legal fees and fees for financial advice the board

7-26     finds necessary for the sale of bonds;

7-27                 (2)  the expense of publishing notice of sale of an

 8-1     installment of bonds;

 8-2                 (3)  the expense of printing the bonds;

 8-3                 (4)  the expense of issuing the bonds, including the

 8-4     actual costs of travel, lodging, and meals of officers, members, or

 8-5     employees of the board, directors or employees of the authority,

 8-6     the comptroller, [the state treasurer,] or the attorney general

 8-7     that the board finds necessary to implement the issuance, rating,

 8-8     or delivery of the bonds;

 8-9                 (5)  the cost of manually signing the bonds;

8-10                 (6)  remuneration to any agent employed by the board to

8-11     pay the principal of and interest on the bonds;

8-12                 (7)  any amount required to be paid to maintain the

8-13     federal tax exemption of interest on the bonds; or

8-14                 (8)  any other cost, fee, or expense relating to the

8-15     issuance of the bonds.

8-16           SECTION 2.09.  Section 59.016(b), Agriculture Code, as

8-17     amended by Chapter 265, Acts of the 74th Legislature, Regular

8-18     Session, 1995, is amended to read as follows:

8-19           (b)  Money in the fund that is not immediately committed to

8-20     paying principal of and interest on the bonds or to paying expenses

8-21     as provided by Section 59.015 of this code may be invested by the

8-22     board in:

8-23                 (1)  a direct security repurchase agreement or reverse

8-24     security repurchase agreement made with a state or national bank

8-25     domiciled in this state or with a primary dealer approved by the

8-26     federal reserve system;

8-27                 (2)  a direct obligation of or obligation the principal

 9-1     and interest of which are guaranteed by the United States

 9-2     government;

 9-3                 (3)  a direct obligation of or obligation guaranteed by

 9-4     the Federal Home Loan Banks, the Federal National Mortgage

 9-5     Association, the Federal Farm Credit System, the Student Loan

 9-6     Marketing Association, the Federal Home Loan Mortgage Corporation,

 9-7     or a successor to one of those organizations;

 9-8                 (4)  a bankers' acceptance that:

 9-9                       (A)  is eligible for purchase by a member of the

9-10     federal reserve system;

9-11                       (B)  matures in 270 days or less; and

9-12                       (C)  is issued by a bank that has received the

9-13     highest short-term credit rating by a nationally recognized

9-14     investment rating firm;

9-15                 (5)  commercial paper that:

9-16                       (A)  matures in 270 days or less; and

9-17                       (B)  has received the highest short-term credit

9-18     rating by a nationally recognized investment rating firm;

9-19                 (6)  a contract that is written by the board in which

9-20     the board grants the purchaser the right to purchase securities in

9-21     the board's marketable securities portfolio at a specified price

9-22     over a specified period and for which the board is paid a fee and

9-23     that specifically prohibits naked-option or uncovered option

9-24     trading;

9-25                 (7)  an obligation of a state or of an agency, county,

9-26     city, or other political subdivision of a state or a mutual fund

9-27     composed of those obligations;

 10-1                (8)  an investment instrument, obligation, or other

 10-2    evidence of indebtedness the payment of which is directly or

 10-3    indirectly guaranteed by the full faith and credit of the United

 10-4    States government;

 10-5                (9)  an investment, account, depository receipt, or

 10-6    deposit that is fully:

 10-7                      (A)  insured by the Federal Deposit Insurance

 10-8    Corporation or a successor to that organization; or

 10-9                      (B)  secured by a security described by

10-10    Subdivision (2), (3), or (8) of this subsection;

10-11                (10)  a collateralized mortgage obligation fully

10-12    secured by securities or mortgages issued or guaranteed by the

10-13    Government National Mortgage Association (GNMA) or any entity

10-14    identified by Subdivision (3) of this subsection;

10-15                (11)  a security or evidence of indebtedness issued by

10-16    the Farm Credit System Financial Assistance Corporation, the

10-17    Private Export Funding Corporation, or the Export-Import Bank; and

10-18                (12)  any other investment authorized for investment of

10-19    state funds by the comptroller [state treasurer] under Section

10-20    404.024, Government Code.

10-21          SECTION 2.10.  Sections 59.021(e) and (h), Agriculture Code,

10-22    are amended to read as follows:

10-23          (e)  The fund and each account in the fund shall be kept and

10-24    maintained at the direction of the board and held in trust by the

10-25    comptroller [state treasurer] for and on behalf of the board and

10-26    the owners of the bonds issued under this chapter.

10-27          (h)  The board may receive, and shall deposit in the fund,

 11-1    appropriations, grants, donations, earned federal funds, and the

 11-2    proceeds of any investment pools operated by the comptroller [state

 11-3    treasurer].

 11-4          SECTION 2.11.  Section 103.002(a), Agriculture Code, is

 11-5    amended to read as follows:

 11-6          (a)  The produce recovery fund is a special trust fund with

 11-7    the comptroller [state treasurer] administered by the department,

 11-8    without appropriation, for the payment of claims against commission

 11-9    merchants and retailers licensed under Chapter 101 or 102 of this

11-10    code.

11-11          SECTION 2.12.  Section 131.024(d), Agriculture Code, is

11-12    amended to read as follows:

11-13          (d)  The owner of bees, equipment, pollen, or honey treated

11-14    or destroyed under this section is liable for the costs of

11-15    treatment or destruction, and the inspector may sue to collect

11-16    those costs.  The inspector shall remit money collected under this

11-17    subsection to the comptroller [state treasurer] for deposit to the

11-18    credit of the general revenue fund.

11-19          SECTION 2.13.  Section 131.063(b), Agriculture Code, is

11-20    amended to read as follows:

11-21          (b)  The inspector shall remit money collected under this

11-22    section to the comptroller [State Treasurer] for deposit to the

11-23    credit of the bee disease control fund.

11-24          SECTION 2.14.  Section 201.023(c), Agriculture Code, is

11-25    amended to read as follows:

11-26          (c)  The state board by resolution may authorize the chairman

11-27    of the board or the administrative officer to approve claims and

 12-1    accounts payable by the board.  That approval is sufficient to

 12-2    authorize the comptroller of public accounts to issue a warrant

 12-3    drawn on the funds appropriated to the board for payment of the

 12-4    claim and is sufficient to authorize the comptroller [state

 12-5    treasurer] to honor payment of the warrant.

 12-6          SECTION 2.15.  Section 252.056(a), Agriculture Code, is

 12-7    amended to read as follows:

 12-8          (a)  Except as provided by Subsection (b) of this section,

 12-9    proceeds derived from the sale of the bonds, less the

12-10    administrative costs of issuing the bonds, shall be deposited with

12-11    the comptroller [state treasurer] to the credit of the farm and

12-12    ranch loan security fund.

12-13          SECTION 2.16.  Section 252.057, Agriculture Code, is amended

12-14    to read as follows:

12-15          Sec. 252.057.  Payment of Principal and Interest.  As

12-16    required by Article III, Section 50c, of the Texas Constitution,

12-17    out of the first money coming into the treasury in each fiscal year

12-18    not otherwise appropriated by the constitution, the comptroller

12-19    [state treasurer] shall pay or cause to be paid the principal on

12-20    bonds issued under this chapter as they mature and the interest as

12-21    it becomes payable, after using for that purpose any funds that are

12-22    on deposit in the interest and sinking fund and are available for

12-23    that purpose.

12-24          SECTION 2.17.  Section 252.062, Agriculture Code, is amended

12-25    to read as follows:

12-26          Sec. 252.062.  Mandamus.  The performance of the official

12-27    duties of the commissioner and[,] the comptroller [and the

 13-1    treasurer] under this chapter and the constitution and the duties

 13-2    of any state officer imposed by the order authorizing the bonds may

 13-3    be enforced by mandamus or other appropriate proceeding.

 13-4              ARTICLE 3.  CHANGES TO BUSINESS CORPORATION ACT

 13-5          SECTION 3.01.  Article 7.11, Texas Business Corporation Act,

 13-6    is amended to read as follows:

 13-7          Art. 7.11.  Deposit with Comptroller [State Treasurer] of

 13-8    Amount Due Certain Shareholders and Creditors.  A.  Upon the

 13-9    voluntary or involuntary dissolution of a corporation, the portion

13-10    of the assets distributable to a creditor or shareholder who is

13-11    unknown or cannot be found after the exercise of reasonable

13-12    diligence by the person or persons responsible for the distribution

13-13    in liquidation of the corporation's assets shall be reduced to cash

13-14    and deposited with the Comptroller [State Treasurer], together with

13-15    a statement giving the name of the person, if known, entitled to

13-16    such fund, his last known address, the amount of his distributive

13-17    portion, and such other information about such person as the

13-18    Comptroller [State Treasurer] may reasonably require, whereupon the

13-19    person or persons responsible for the distribution in liquidation

13-20    of the corporation's assets shall be released and discharged from

13-21    any further liability with respect to the funds so deposited.  The

13-22    Comptroller [State Treasurer] shall issue his receipt for such fund

13-23    and shall deposit same in a special account to be maintained by

13-24    him.

13-25          B.  On receipt of satisfactory written proof of ownership or

13-26    of right to such fund within seven (7) years from the date such

13-27    fund was so deposited, the Comptroller [State Treasurer shall

 14-1    certify such fact to the Comptroller of Public Accounts, who] shall

 14-2    issue proper warrant therefor [drawn on the State Treasurer] in

 14-3    favor of the person or persons then entitled thereto.  If no

 14-4    claimant has made satisfactory proof of right to such fund within

 14-5    seven (7) years from the time of such deposit the Comptroller

 14-6    [State Treasurer] shall then cause to be published in one issue of

 14-7    a newspaper of general circulation in Travis County, Texas, a

 14-8    notice of the proposed escheat of such fund, giving the name of the

 14-9    creditor or shareholder apparently entitled thereto, his last known

14-10    address, if any, the amount of the fund so deposited, and the name

14-11    of the dissolved corporation from whose assets such fund was

14-12    derived.  If no claimant makes satisfactory proof of right to such

14-13    fund within two months from the time of such publication, the fund

14-14    so unclaimed shall thereupon automatically escheat to and become

14-15    the property of the General Revenue Fund of the State of Texas.

14-16             ARTICLE 4.  CHANGES TO CODE OF CRIMINAL PROCEDURE

14-17          SECTION 4.01.  Article 2.12, Code of Criminal Procedure,  is

14-18    amended to read as follows:

14-19          Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace

14-20    officers:

14-21                (1)  sheriffs and their deputies;

14-22                (2)  constables and deputy constables;

14-23                (3)  marshals or police officers of an incorporated

14-24    city, town, or village;

14-25                (4)  rangers and officers commissioned by the Public

14-26    Safety Commission and the Director of the Department of Public

14-27    Safety;

 15-1                (5)  investigators of the district attorneys', criminal

 15-2    district attorneys', and county attorneys' offices;

 15-3                (6)  law enforcement agents of the Texas Alcoholic

 15-4    Beverage Commission;

 15-5                (7)  each member of an arson investigating unit

 15-6    commissioned by a city, a county, or the state;

 15-7                (8)  officers commissioned under Section 37.081,

 15-8    Education Code, or Subchapter E, Chapter 51, Education Code;

 15-9                (9)  officers commissioned by the General Services

15-10    Commission;

15-11                (10)  law enforcement officers commissioned by the

15-12    Parks and Wildlife Commission;

15-13                (11)  airport police officers commissioned by a city

15-14    with a population of more than one million, according to the most

15-15    recent federal census, that operates an airport that serves

15-16    commercial air carriers;

15-17                (12)  airport security personnel commissioned as peace

15-18    officers by the governing body of any political subdivision of this

15-19    state, other than a city described by Subdivision (11), that

15-20    operates an airport that serves commercial air carriers;

15-21                (13)  municipal park and recreational patrolmen and

15-22    security officers;

15-23                (14)  security officers commissioned as peace officers

15-24    by the comptroller [State Treasurer];

15-25                (15)  officers commissioned by a water control and

15-26    improvement district under Section 49.216 [51.132], Water Code;

15-27                (16)  officers commissioned by a board of trustees

 16-1    under Chapter 341, Acts of the 57th Legislature, Regular Session,

 16-2    1961 (Article 1187f, Vernon's Texas Civil Statutes);

 16-3                (17)  investigators commissioned by the Texas State

 16-4    Board of Medical Examiners;

 16-5                (18)  officers commissioned by the board of managers of

 16-6    the Dallas County Hospital District, the Tarrant County Hospital

 16-7    District, or the Bexar County Hospital District under Section

 16-8    281.057, Health and Safety Code;

 16-9                (19)  county park rangers commissioned under Subchapter

16-10    E, Chapter 351, Local Government Code;

16-11                (20)  investigators employed by the Texas Racing

16-12    Commission;

16-13                (21)  officers commissioned by the State Board of

16-14    Pharmacy;

16-15                (22)  officers commissioned by the governing body of a

16-16    metropolitan rapid transit authority under Section 451.108,

16-17    Transportation Code [13, Chapter 141, Acts of the 63rd Legislature,

16-18    Regular Session, 1973 (Article 1118x, Vernon's Texas Civil

16-19    Statutes)], or by a regional transportation authority under Section

16-20    452.110, Transportation Code [10, Chapter 683, Acts of the 66th

16-21    Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas

16-22    Civil Statutes)];

16-23                (23)  [officers commissioned under the Texas High-Speed

16-24    Rail Act (Article 6674v.2, Revised Statutes);]

16-25                [(24)]  investigators commissioned by the attorney

16-26    general under Section 402.009, Government Code;

16-27                (24) [(25)]  security officers and investigators

 17-1    commissioned as peace officers under Chapter 466, Government Code;

 17-2                (25) [(26)]  an officer employed by the Texas

 17-3    Department of Health under Section 431.2471, Health and Safety

 17-4    Code;

 17-5                (26) [(27)]  officers appointed by an appellate court

 17-6    under Subchapter F, Chapter 53, Government Code;

 17-7                (27) [(28)]  officers commissioned by the state fire

 17-8    marshal under Chapter 417, Government Code; [and]

 17-9                (28) [(29)]  an investigator commissioned by the

17-10    commissioner of insurance under Article 1.10D, Insurance Code;

17-11    and[.]

17-12                (29)  apprehension specialists commissioned by the

17-13    Texas Youth Commission as officers under Section 61.0931, Human

17-14    Resources Code.

17-15          SECTION 4.02.  Subsection (b), Section 8B, Article 42.18,

17-16    Code of Criminal Procedure, is amended to read as follows:

17-17          (b)  The comptroller [state treasurer] shall be the trustee

17-18    of the parolee restitution fund as provided by Section 404.073,

17-19    Government Code.

17-20                   ARTICLE 5.  CHANGES TO EDUCATION CODE

17-21          SECTION 5.01.  Section 7.055(a), Education Code, is amended

17-22    to read as follows:

17-23          (a)  The commissioner has the following powers and duties:

17-24                (1)  The commissioner shall serve as the educational

17-25    leader of the state.

17-26                (2)  The commissioner shall serve as executive officer

17-27    of the agency and as executive secretary of the board.

 18-1                (3)  The commissioner shall carry out the duties

 18-2    imposed on the commissioner by the board or the legislature.

 18-3                (4)  The commissioner shall prescribe a uniform system

 18-4    of forms, reports, and records necessary to fulfill the reporting

 18-5    and recordkeeping requirements of this title.

 18-6                (5)  The commissioner may delegate ministerial and

 18-7    executive functions to agency staff and may employ division heads

 18-8    and any other employees and clerks to perform the duties of the

 18-9    agency.

18-10                (6)  The commissioner shall adopt an annual budget for

18-11    operating the Foundation School Program as prescribed by Subsection

18-12    (b).

18-13                (7)  The commissioner may issue vouchers for the

18-14    expenditures of the agency and shall examine and must approve any

18-15    account to be paid out of the school funds [by the state treasurer]

18-16    before the comptroller may issue a warrant.

18-17                (8)  The commissioner shall file annually with the

18-18    governor and the Legislative Budget Board a complete and detailed

18-19    written report accounting for all funds received and disbursed by

18-20    the agency during the preceding fiscal year.

18-21                (9)  The commissioner shall have a manual published at

18-22    least once every two years that contains Title 1 and this title,

18-23    any other provisions of this code relating specifically to public

18-24    primary or secondary education, and an appendix of all other state

18-25    laws relating to public primary or secondary education and shall

18-26    provide for the distribution of the manual as determined by the

18-27    board.

 19-1                (10)  The commissioner may visit different areas of

 19-2    this state, address teachers' associations and educational

 19-3    gatherings, instruct teachers, and promote all aspects of education

 19-4    and may be reimbursed for necessary travel expenses incurred under

 19-5    this subdivision to the extent authorized by the General

 19-6    Appropriations Act.

 19-7                (11)  The commissioner may appoint advisory committees,

 19-8    in accordance with Article 6252-33, Revised Statutes, as necessary

 19-9    to advise the commissioner in carrying out the duties and mission

19-10    of the agency.

19-11                (12)  The commissioner shall appoint an agency auditor.

19-12                (13)  The commissioner may provide for reductions in

19-13    the number of agency employees.

19-14                (14)  The commissioner shall carry out duties relating

19-15    to the investment capital fund under Section 7.024.

19-16                (15)  The commissioner shall review and act, if

19-17    necessary, on applications for waivers under Section 7.056.

19-18                (16)  The commissioner shall carry out duties relating

19-19    to regional education service centers as specified under Chapter 8.

19-20                (17)  The commissioner shall distribute funds to

19-21    open-enrollment charter schools as required under Subchapter D,

19-22    Chapter 12.

19-23                (18)  The commissioner shall adopt a recommended

19-24    appraisal process and criteria on which to appraise the performance

19-25    of teachers, a recommended appraisal process and criteria on which

19-26    to appraise the performance of administrators, and a job

19-27    description and evaluation form for use in evaluating counselors,

 20-1    as provided by Subchapter H, Chapter 21.

 20-2                (19)  The commissioner shall coordinate and implement

 20-3    teacher recruitment programs under Section 21.004.

 20-4                (20)  The commissioner shall perform duties in

 20-5    connection with the certification and assignment of hearing

 20-6    examiners as provided by Subchapter F, Chapter 21.

 20-7                (21)  The commissioner shall carry out duties under the

 20-8    Texas Advanced Placement Incentive Program under Subchapter C,

 20-9    Chapter 28.

20-10                (22)  The commissioner may adopt rules for optional

20-11    extended year programs under Section 29.082.

20-12                (23)  The commissioner shall monitor and evaluate

20-13    prekindergarten programs and other child-care programs as required

20-14    under Section 29.154.

20-15                (24)  The commissioner, with the approval of the board,

20-16    shall develop and implement a plan for the coordination of services

20-17    to children with disabilities as required under Section 30.001.

20-18                (25)  The commissioner shall develop a system to

20-19    distribute to school districts or regional education service

20-20    centers a special supplemental allowance for students with visual

20-21    impairments as required under Section 30.002.

20-22                (26)  The commissioner, with the assistance of the

20-23    comptroller, shall determine amounts to be distributed to the Texas

20-24    School for the Blind and Visually Impaired and the Texas School for

20-25    the Deaf as provided by Section 30.003 and to the Texas Youth

20-26    Commission as provided by Section 30.102.

20-27                (27)  The commissioner shall establish a procedure for

 21-1    resolution of disputes between a school district and the Texas

 21-2    School for the Blind and Visually Impaired under Section 30.021.

 21-3                (28)  The commissioner shall perform duties relating to

 21-4    the funding, adoption, and purchase of textbooks under Chapter 31.

 21-5                (29)  The commissioner may enter into contracts

 21-6    concerning technology in the public school system as authorized

 21-7    under Chapter 32.

 21-8                (30)  The commissioner shall adopt a recommended

 21-9    contract form for the use, acquisition, or lease with option to

21-10    purchase of school buses under Section 34.009.

21-11                (31)  The commissioner shall ensure that the cost of

21-12    using school buses for a purpose other than the transportation of

21-13    students to or from school is properly identified in the Public

21-14    Education Information Management System (PEIMS) under Section

21-15    34.010.

21-16                (32)  The commissioner shall perform duties in

21-17    connection with the public school accountability system as

21-18    prescribed by Chapter 39.

21-19                (33)  The commissioner shall develop and propose to the

21-20    legislature an assessment system for students exempted from the

21-21    generally applicable assessment program under Subchapter B, Chapter

21-22    39.

21-23                (34)  The commissioner shall perform duties in

21-24    connection with the equalized wealth level under Chapter 41.

21-25                (35)  The commissioner shall perform duties in

21-26    connection with the Foundation School Program as prescribed by

21-27    Chapter 42.

 22-1                (36)  The commissioner shall establish advisory

 22-2    guidelines relating to the fiscal management of a school district

 22-3    and report annually to the board on the status of school district

 22-4    fiscal management as required under Section 44.001.

 22-5                (37)  The commissioner shall review school district

 22-6    audit reports as required under Section 44.008.

 22-7                (38)  The commissioner shall perform duties in

 22-8    connection with the guaranteed bond program as prescribed by

 22-9    Subchapter C, Chapter 45.

22-10                (39)  The commissioner shall cooperate with the Texas

22-11    Higher Education Coordinating Board in connection with the Texas

22-12    partnership and scholarship program under Subchapter P, Chapter 61.

22-13                (40)  The commissioner shall suspend the certificate of

22-14    an educator or permit of a teacher who violates Chapter 617,

22-15    Government Code.

22-16          SECTION 5.02.  Section 43.012(f), Education Code, is amended

22-17    to read as follows:

22-18          (f)  Refunding bonds issued with the approval or pursuant to

22-19    a refunding agreement with the State Board of Education in

22-20    compliance with either this section or Section 43.011 shall, on the

22-21    order of the State Board of Education, be exchanged by the

22-22    comptroller [state treasurer] for the defaulted obligations they

22-23    have been issued to refund.

22-24          SECTION 5.03.  Section 43.014(d), Education Code, is amended

22-25    to read as follows:

22-26          (d)  On receipt of certificates issued to the comptroller by

22-27    the commissioner, the comptroller shall draw warrants [on the state

 23-1    treasurer and] in favor of the treasurer of the available school

 23-2    fund of each school district for the amounts stated in the

 23-3    certificates.  All such warrants shall be registered [and

 23-4    transmitted to the state treasurer].

 23-5          SECTION 5.04.  Section 43.015, Education Code, is amended to

 23-6    read as follows:

 23-7          Sec. 43.015.  DUTIES OF COMPTROLLER [STATE TREASURER].

 23-8    (a)  Not later than the 30th day before the first day of each

 23-9    regular session of the legislature and not later than the 10th day

23-10    before the first day of any special session at which there can be

23-11    legislation respecting the public schools, the comptroller [state

23-12    treasurer] shall report to the governor the condition of the

23-13    permanent school fund and the available school fund, the amount of

23-14    each fund, and the manner of its disbursement.

23-15          (b)  The comptroller [treasurer] shall provide the State

23-16    Board of Education with the reports specified by Subsection (a) and

23-17    with additional reports concerning those funds requested by the

23-18    State Board of Education.

23-19          (c)  The comptroller [treasurer] shall ensure that no portion

23-20    of either the permanent school fund or the available school fund is

23-21    used to pay any warrant drawn against any other fund.

23-22          (d)  The comptroller [treasurer] shall receive and hold in a

23-23    special deposit and account for all properties belonging to the

23-24    available school fund.  All warrants drawn on that fund by the

23-25    comptroller pursuant to a certificate of the commissioner must be

23-26    registered by the comptroller [state treasurer] and then

23-27    transmitted to the commissioner, and when properly endorsed shall

 24-1    be paid by the comptroller [treasurer] in the order of their

 24-2    presentation.

 24-3          (e)  On order of the State Board of Education, the

 24-4    comptroller [treasurer] shall exchange or accept refunding bonds in

 24-5    lieu of:

 24-6                (1)  either matured or unmatured bonds held for the

 24-7    benefit of the permanent school fund, which are being refunded

 24-8    under this chapter;

 24-9                (2)  defaulted obligations held for the benefit of the

24-10    available school fund if the refunding bonds are issued in

24-11    compliance with Section 43.012;

24-12                (3)  defaulted obligations of any school district of

24-13    this state held for the benefit of the permanent school fund or the

24-14    available school fund if the refunding bonds are issued in

24-15    compliance with Section 43.011; or

24-16                (4)  refunding bonds of any school district of this

24-17    state for school bonds not matured held by the comptroller [state

24-18    treasurer] for the permanent school fund if the new refunding bonds

24-19    are issued by the school district in compliance with this code.

24-20          (f)  The comptroller [state treasurer] shall be the custodian

24-21    of all securities enumerated in Section 43.003(6) and of other

24-22    securities as designated by the State Board of Education in which

24-23    the school funds of the state are invested.  The comptroller

24-24    [treasurer] shall keep those securities in the comptroller's

24-25    [treasurer's] custody until paid off, discharged, delivered as

24-26    required by the State Board of Education, or otherwise disposed of

24-27    by the proper authorities of the state, and on the proper

 25-1    installment of any interest or dividend, shall see that the proper

 25-2    credit is given, and the coupons on bonds, when paid, shall be

 25-3    separated from the bonds and cancelled by the comptroller

 25-4    [treasurer].

 25-5          SECTION 5.05.  Section 43.017, Education Code, is amended to

 25-6    read as follows:

 25-7          Sec. 43.017.  USE OF COMMERCIAL BANKS AS AGENTS FOR

 25-8    COLLECTION OF INCOME FROM PERMANENT SCHOOL FUND INVESTMENTS.

 25-9    (a)  The State Board of Education may contract with one or more

25-10    commercial banks to receive payments of dividends and interest on

25-11    securities in which the state permanent school funds are invested

25-12    and transmit that money with identification of its source to the

25-13    comptroller [state treasurer] for the account of the available

25-14    school fund by the fastest available means.

25-15          (b)  In choosing each commercial bank with which to contract

25-16    as authorized by Subsection (a), the State Board of Education shall

25-17    assure itself of:

25-18                (1)  the financial stability of the bank;

25-19                (2)  the location of the bank with respect to its

25-20    proximity to the banks on which checks are drawn in payment of

25-21    dividends and interest on securities of the permanent school fund;

25-22                (3)  the experience and reliability of the bank in

25-23    acting as agent for others in the similar collection and

25-24    expeditious remittance of money; and

25-25                (4)  the reasonableness of the bank's charges for the

25-26    services, both in amount of the charges and in relation to the

25-27    increased investment earnings of the available school fund that

 26-1    will result from speedier receipt by the comptroller [state

 26-2    treasurer] of the money.

 26-3          SECTION 5.06.  Section 43.018(b), Education Code, is amended

 26-4    to read as follows:

 26-5          (b)  The State Board of Education may contract with a

 26-6    commercial bank pursuant to this section only if:

 26-7                (1)  the bank is located in a city having a major stock

 26-8    exchange;

 26-9                (2)  the bank is experienced in the operation of a

26-10    fully secured securities loan program;

26-11                (3)  the bank has adequate capital in the prudent

26-12    judgment of the State Board of Education to assure the safety of

26-13    the securities entrusted to it as a custodian;

26-14                (4)  the bank will require of any securities broker or

26-15    dealer to which it lends securities owned by the state permanent

26-16    school fund that the broker or dealer deliver to it cash collateral

26-17    for the loan of securities, and that the cash collateral will at

26-18    all times be not less than 100 percent of the market value of the

26-19    securities lent;

26-20                (5)  the bank executes an indemnification agreement,

26-21    satisfactory in form and content to the State Board of Education,

26-22    fully indemnifying the permanent and available school funds against

26-23    loss resulting from the bank's service as custodian of securities

26-24    of the permanent school fund and its operation of a securities loan

26-25    program using securities of the permanent school fund;

26-26                (6)  the bank will speedily collect and remit on the

26-27    day of collection by the fastest available means to the comptroller

 27-1    [state treasurer] any dividends and interest collectible by it on

 27-2    securities held by it as custodian, together with identification as

 27-3    to the source of the dividends or interest; and

 27-4                (7)  the bank is the bank agreeing to pay to the

 27-5    available school fund the largest sum or highest percentage of the

 27-6    income derived by the bank from use of the securities of the

 27-7    permanent school fund in the operation of a securities loan

 27-8    program.

 27-9          SECTION 5.07.  Sections 45.059(b) and (c), Education Code,

27-10    are amended to read as follows:

27-11          (b)  Immediately following receipt of the funds for payment

27-12    of the principal or interest, the paying agent shall pay the amount

27-13    due and forward the canceled bond or coupon to the comptroller

27-14    [state treasurer].  The comptroller [state treasurer] shall hold

27-15    the canceled bond or coupon on behalf of the permanent school fund.

27-16          (c)  Following full reimbursement to the permanent school

27-17    fund with interest, the comptroller [state treasurer] shall further

27-18    cancel the bond or coupon and forward it to the school district for

27-19    which payment was made.

27-20          SECTION 5.08.  Sections 51.008(a) and (b), Education Code,

27-21    are amended to read as follows:

27-22          (a)  The governing board of every state institution of higher

27-23    education is directed to designate special depository banks,

27-24    subject to the approval of the comptroller [state treasurer], for

27-25    the purpose of receiving and keeping certain receipts of the

27-26    institution separate and apart from funds now deposited in the

27-27    state treasury.  The receipts here referred to are described in

 28-1    Subsection (b) of this section.  The comptroller [state treasurer]

 28-2    is directed to deposit the receipts, or funds representing such

 28-3    receipts, enumerated herein, in the special depository bank or

 28-4    banks nearest the institution credited with the receipts, so far as

 28-5    is practicable, and is authorized to withdraw such funds on drafts

 28-6    or checks prescribed by the comptroller [state treasurer].  The

 28-7    comptroller [state treasurer] is authorized to promulgate rules and

 28-8    regulations to require collateral security for the protection of

 28-9    such funds pursuant to the provisions of Chapter 404, Government

28-10    Code [Articles 2529 and 2530, Revised Civil Statutes of Texas,

28-11    1925, as amended].  For the purpose of facilitating the clearance

28-12    and collection of the receipts herein enumerated, the comptroller

28-13    [state treasurer] is hereby authorized to deposit such receipts in

28-14    any state depository bank and transfer funds representing such

28-15    receipts enumerated herein to the respective special depository

28-16    banks.  Banks so designated as special depository banks are hereby

28-17    authorized to pledge their securities to protect such funds.

28-18          (b)  The governing board of every state institution of higher

28-19    education shall deposit in the state treasury all cash receipts

28-20    accruing to any college or university under its control that may be

28-21    derived from all sources except auxiliary enterprises,

28-22    noninstructional services, agency, designated, and restricted

28-23    funds, endowment and other gift funds, student loan funds, funds

28-24    retained under Chapter 145 of this code, and Constitutional College

28-25    Building Amendment funds.  The comptroller [state treasurer] is

28-26    directed to credit such receipts deposited by each such institution

28-27    to a separate fund account for the institution depositing the

 29-1    receipts, but he shall not be required to keep separate accounts of

 29-2    types of funds deposited by each institution.  For the purpose of

 29-3    facilitating the transferring of such institutional receipts to the

 29-4    state treasury, each institution shall open in a local depository

 29-5    bank a clearing account to which it shall deposit daily all such

 29-6    receipts, and shall, not less often than every seven days, make

 29-7    remittances therefrom to the comptroller [state treasurer] of all

 29-8    except $500 of the total balance in said clearing account, such

 29-9    remittances to be in the form of checks drawn on the clearing

29-10    account by the duly authorized officers of the institution, and no

29-11    disbursements other than remittances to the state treasury shall be

29-12    made from such clearing account.  All money so deposited in the

29-13    state treasury shall be paid out on warrants drawn by the

29-14    comptroller [of public accounts] as provided by law.

29-15          SECTION 5.09.  Sections 51.704(d) and (e), Education Code,

29-16    are amended to read as follows:

29-17          (d)  The comptroller [state treasurer] shall administer the

29-18    fund until the center is located in Texas.

29-19          (e)  The comptroller [state treasurer] may accept grants for

29-20    the purpose of the fund.

29-21          SECTION 5.10.  Section 52.17(c), Education Code, is amended

29-22    to read as follows:

29-23          (c)  In the event that funds received by the board in any

29-24    fiscal year as repayment of student loans and as interest on the

29-25    loans are insufficient to pay the interest coming due and the

29-26    principal maturing on the bonds during the ensuing fiscal year, the

29-27    comptroller [state treasurer] shall transfer into the Texas college

 30-1    interest and sinking fund and each board interest and sinking fund

 30-2    out of the first money coming into the treasury, which is not

 30-3    otherwise appropriated by the constitution, an additional amount

 30-4    sufficient to pay the interest coming due and the principal

 30-5    maturing on the bonds during the ensuing fiscal year.

 30-6          SECTION 5.11.  Section 52.18, Education Code, is amended to

 30-7    read as follows:

 30-8          Sec. 52.18.  DUTIES OF COMPTROLLER [AND TREASURER].  The

 30-9    comptroller of public accounts shall make the transfers required

30-10    under the provisions of this chapter[,] and [the state treasurer]

30-11    shall pay or cause to be paid the principal of and interest on the

30-12    bonds as they mature and come due.

30-13          SECTION 5.12.  Section 52.19, Education Code, is amended to

30-14    read as follows:

30-15          Sec. 52.19.  INVESTMENT OF FUNDS.  All money in the Texas

30-16    college interest and sinking fund and in each board interest and

30-17    sinking fund, including the reserve portion, and all money in the

30-18    Texas Opportunity Plan Fund and in the student loan auxiliary fund

30-19    in excess of the amount necessary for student loans, and all money

30-20    in each board student loan fund shall be invested by the

30-21    comptroller [state treasurer] in the investments prescribed by

30-22    board resolution.  The board shall furnish to the comptroller

30-23    [state treasurer] a copy of the resolution prescribing authorized

30-24    investments.  The board may sell any instruments owned in the Texas

30-25    college interest and sinking fund, a board interest and sinking

30-26    fund, the Texas Opportunity Plan Fund, the student loan auxiliary

30-27    fund, or a board student loan fund at the prevailing market price.

 31-1    Income from these investments may be deposited in any of those

 31-2    funds.

 31-3          SECTION 5.13.  Section 54.635, Education Code, is amended to

 31-4    read as follows:

 31-5          Sec. 54.635.  COMPTROLLER [STATE TREASURER].  (a)  Except as

 31-6    provided by Subsection [Subsections] (d) [and (e)], the comptroller

 31-7    [state treasurer] is the custodian of the assets of the fund.

 31-8          (b)  The comptroller [state treasurer] shall pay money from

 31-9    the fund on a warrant drawn by the comptroller supported only on a

31-10    voucher signed by the comptroller or the comptroller's authorized

31-11    representative.

31-12          (c)  The comptroller [state treasurer] annually shall furnish

31-13    to the board a sworn statement of the amount of the fund's assets

31-14    in the comptroller's [treasurer's] custody.

31-15          (d)  The board may select one or more commercial banks,

31-16    depository trust companies, or other entities to serve as custodian

31-17    of all or part of the fund's assets.

31-18          [(e)  If the office of the state treasurer is abolished, the

31-19    comptroller is the custodian of the assets of the fund.]

31-20          SECTION 5.14.  Section 57.77(b), Education Code, is amended

31-21    to read as follows:

31-22          (b)  The corporation shall submit the annual report to the

31-23    governor, lieutenant governor, speaker of the house of

31-24    representatives, comptroller of public accounts, [state treasurer,]

31-25    and commissioner of higher education.

31-26          SECTION 5.15.  Sections 62.026(a), (d), (e), (f), and (h),

31-27    Education Code, are amended to read as follows:

 32-1          (a)  The higher education fund is a fund outside the state

 32-2    treasury in the custody of the comptroller [state treasurer].

 32-3          (d)  The comptroller [state treasurer] shall administer the

 32-4    fund and invest the fund in the same manner as the permanent

 32-5    university fund.

 32-6          (e)  The comptroller [state treasurer] may accept gifts or

 32-7    grants from any public or private source for the fund.

 32-8          (f)  The comptroller [state treasurer] may deduct a

 32-9    reasonable amount for administrative expenses from the interest,

32-10    dividends, and other income earned from the investment of the fund.

32-11    The amount deducted shall be deposited to the credit of the general

32-12    revenue fund.

32-13          (h)  Beginning with the first state fiscal year that begins

32-14    on or after the date the comptroller certifies that the value of

32-15    the higher education fund is $2 billion, the comptroller [state

32-16    treasurer], not later than November 1 of each fiscal year, shall

32-17    distribute in accordance with Article VII, Section 17(i), of the

32-18    Texas Constitution the interest, dividends, and other income earned

32-19    from the investment of the fund, less the amount of administrative

32-20    expenses deducted under Subsection (f) of this section, to the

32-21    eligible institutions in accordance with the allocation formula

32-22    under Section 62.021(a) of this code.

32-23          SECTION 5.16.  Section 65.13, Education Code, is amended to

32-24    read as follows:

32-25          Sec. 65.13.  BOARD OFFICERS.  The board shall elect a

32-26    chairman from its members to serve at the will of the board.  The

32-27    comptroller [state treasurer] shall be the treasurer of the

 33-1    university system.

 33-2          SECTION 5.17.  Section 66.05(c), Education Code, is amended

 33-3    to read as follows:

 33-4          (c)  The report shall be distributed to the governor, [state

 33-5    treasurer,] state comptroller of public accounts, state auditor,

 33-6    attorney general, commissioner of higher education, and to the

 33-7    members of the legislature by the 1st day of January each year.

 33-8    The board shall furnish copies of the report to any interested

 33-9    person on request.

33-10          SECTION 5.18.  Section 66.65(d), Education Code, is amended

33-11    to read as follows:

33-12          (d)  The Board of Regents of The University of Texas System

33-13    may also direct the comptroller of The University of Texas System

33-14    to transmit to the comptroller of public accounts [state treasurer]

33-15    for deposit to the credit of the permanent university fund any

33-16    unexpended balances remaining in the special fund after reserving a

33-17    sufficient amount in it for the payment of current expenses as set

33-18    out in Subsection (c) of this section.

33-19          SECTION 5.19.  Section 66.78, Education Code, is amended to

33-20    read as follows:

33-21          Sec. 66.78.  PAYMENTS; DISPOSITION.  Payments under this

33-22    subchapter shall be made to the Board of Regents of The University

33-23    of Texas System at Austin, Texas, who shall:

33-24                (1)  transmit to the comptroller of public accounts

33-25    [state treasurer] for deposit to the credit of the permanent

33-26    university fund all bonus, rental, and royalty payments;

33-27                (2)  transmit to the comptroller of public accounts

 34-1    [state treasurer] for deposit to the credit of the available

 34-2    university fund all filing, assignment, and relinquishment fees,

 34-3    and all other payments except those described in Subdivision (3) of

 34-4    this section; and

 34-5                (3)  retain the one percent fee payment prescribed by

 34-6    Section 66.65(c) of this code, for disbursement by the comptroller

 34-7    of The University of Texas System for the purposes authorized by

 34-8    Section 66.65(c) of this code.

 34-9          SECTION 5.20.  Section 67.24, Education Code, is amended to

34-10    read as follows:

34-11          Sec. 67.24.  RESEARCH AND EXPERIMENTATION FOR TEXAS

34-12    DEPARTMENT OF TRANSPORTATION.  The state comptroller of public

34-13    accounts may draw proper warrants in favor of the university based

34-14    on vouchers or claims submitted by the university through the Texas

34-15    Department of Transportation covering reasonable fees and charges

34-16    for services rendered by members of the staff of the university

34-17    system to the Texas Department of Transportation and for equipment

34-18    and materials necessary for research and experimentation in all

34-19    phases of highway activity, economics, materials, specifications,

34-20    design of roadways, construction, maintenance, pavement and

34-21    structures, drainage, traffic control, safety, the economics of

34-22    highway design and construction, and other fields of highway

34-23    design, construction, maintenance, or operation, based on an

34-24    agreement between the Texas Department of Transportation and the

34-25    university in accordance with the provisions of Texas Highway

34-26    Department Minute Order Number 52742, dated May 24, 1963; and the

34-27    comptroller [state treasurer] shall pay warrants so issued against

 35-1    any funds appropriated by the legislature to the Texas Department

 35-2    of Transportation for the construction and maintenance of highways,

 35-3    roads, and bridges.  The payments made to the university shall be

 35-4    credited and deposited to local institutional funds under its

 35-5    control.

 35-6          SECTION 5.21.  Section 85.29, Education Code, is amended to

 35-7    read as follows:

 35-8          Sec. 85.29.  RESEARCH AND EXPERIMENTATION FOR TEXAS

 35-9    DEPARTMENT OF TRANSPORTATION.  The state comptroller of public

35-10    accounts may draw proper warrants in favor of any part of the

35-11    university system based on vouchers or claims submitted by the

35-12    system through the Texas Department of Transportation covering

35-13    reasonable fees and charges for services rendered by members of the

35-14    staff of the system to the Texas Department of Transportation and

35-15    for equipment and materials necessary for research and

35-16    experimentation in all phases of highway activity, economics,

35-17    materials, specifications, design of roadways, construction,

35-18    maintenance, pavement and structures, traffic control, safety, the

35-19    economics of highway design and construction, and other fields of

35-20    highway design, construction, maintenance, or operation, based on

35-21    an agreement between the State Highway Department and the Texas

35-22    Agricultural and Mechanical College System as passed by the State

35-23    Highway Department on September 29, 1948, and recorded by the Texas

35-24    Department of Transportation as Minute Order Number 25396; and the

35-25    comptroller [state treasurer] shall pay warrants so issued against

35-26    any funds appropriated by the legislature to the Texas Department

35-27    of Transportation for the construction and maintenance of highways,

 36-1    roads, and bridges.  The payments made to the system shall be

 36-2    credited and deposited to local institutional funds under its

 36-3    control.

 36-4          SECTION 5.22.  Section 85.69, Education Code, is amended to

 36-5    read as follows:

 36-6          Sec. 85.69.  PAYMENTS; DISPOSITION.  Payments under this

 36-7    subchapter shall be made to the commissioner of the general land

 36-8    office at Austin, who shall transmit to the comptroller [state

 36-9    treasurer] all royalties, lease fees, rentals for delay in drilling

36-10    or mining, and all other payments, including all filing assignments

36-11    and relinquishment fees, to be deposited in the state treasury as

36-12    provided by Section 85.70 of this code.

36-13          SECTION 5.23.  Section 86.22, Education Code, is amended to

36-14    read as follows:

36-15          Sec. 86.22.  ACCRUED INTEREST.  The interest heretofore

36-16    collected by the State Board of Education in accordance with the

36-17    provisions of the act of August 21, 1876, due at the end of the

36-18    fiscal year of 1876, on the bonds belonging to the Agricultural and

36-19    Mechanical College and invested in six percent state bonds, shall

36-20    also constitute a part of the perpetual fund of the university

36-21    until the legislature shall otherwise provide.  The state board

36-22    shall collect the semiannual interest on the bonds as it becomes

36-23    due, and place the money in the state treasury to the credit of the

36-24    fund.  The interest on all such bonds is set apart exclusively for

36-25    the use of the university and shall be drawn from the treasury by

36-26    the board of directors on vouchers audited by the board, or

36-27    approved by the governor and attested by the secretary of the

 37-1    board.  On the vouchers being filed with the comptroller, he shall

 37-2    draw his warrant on the state treasury [treasurer] as necessary to

 37-3    pay the directors, professors and officers of the university.

 37-4          SECTION 5.24.  Section 106.14, Education Code, is amended to

 37-5    read as follows:

 37-6          Sec. 106.14.  OFFICERS.  The board shall elect a chairman and

 37-7    a vice chairman from its members to serve at the will of the board.

 37-8    The board shall appoint a secretary.  The comptroller [state

 37-9    treasurer] shall be the treasurer of the university.

37-10          SECTION 5.25.  Section 106.54, Education Code, is amended to

37-11    read as follows:

37-12          Sec. 106.54.  BIENNIAL REPORT.  True and full accounts shall

37-13    be kept by the board and by the employees of the university of all

37-14    funds collected from all sources by the university, all the sums

37-15    paid out by it, and the persons to whom and the purposes for which

37-16    the sums are paid.  The board shall print biennially a complete

37-17    report of all sums collected, all expenditures, and the sums

37-18    remaining on hand.  The report shall be printed in even-numbered

37-19    years between September 1 and January 1.  It shall show the true

37-20    condition of all funds as of the preceding August 1, and shall show

37-21    all collections and expenditures for the preceding two years.  The

37-22    board shall furnish copies of the report to the governor, [state

37-23    treasurer,] comptroller, state auditor, and attorney general, and

37-24    not less than three copies to the General Services Commission

37-25    [State Board of Control].  The board shall furnish a copy to each

37-26    member of the House Appropriations Committee, the Senate Finance

37-27    Committee, and the House and Senate committees on education of each

 38-1    regular session of the legislature within one week after the

 38-2    committees are appointed.

 38-3          SECTION 5.26.  Section 109.78(b), Education Code, is amended

 38-4    to read as follows:

 38-5          (b)  Payment of all royalties, lease fees, rentals for delay

 38-6    in drilling or mining, filing fees for assignments and

 38-7    relinquishments, and all other payments shall be made to the

 38-8    commissioner of the general land office at Austin.  The

 38-9    commissioner shall transmit all payments received to the

38-10    comptroller [state treasurer] for deposit to the credit of the

38-11    Texas Tech University special mineral fund.

38-12          SECTION 5.27.  Section 132.241(c), Education Code, is amended

38-13    to read as follows:

38-14          (c)  The comptroller [state treasurer] shall invest the fund

38-15    in the same manner as other state funds.  Sufficient funds from the

38-16    tuition protection fund shall be appropriated to the commission for

38-17    the administration of this section.

38-18                   ARTICLE 6.  CHANGES TO ELECTION CODE

38-19          SECTION 6.01.  Section 52.092(c), Election Code, is amended

38-20    to read as follows:

38-21          (c)  Statewide offices of the state government shall be

38-22    listed in the following order:

38-23                (1)  governor;

38-24                (2)  lieutenant governor;

38-25                (3)  attorney general;

38-26                (4)  comptroller of public accounts;

38-27                (5)  [state treasurer;]

 39-1                [(6)]  commissioner of the General Land Office;

 39-2                (6) [(7)]  commissioner of agriculture;

 39-3                (7) [(8)]  railroad commissioner;

 39-4                (8) [(9)]  chief justice, supreme court;

 39-5                (9) [(10)]  justice, supreme court;

 39-6                (10) [(11)]  presiding judge, court of criminal

 39-7    appeals;

 39-8                (11) [(12)]  judge, court of criminal appeals.

 39-9          SECTION 6.02.  Section 203.014, Election Code, is amended to

39-10    read as follows:

39-11          Sec. 203.014.  DISPOSITION OF FILING FEES.  The secretary of

39-12    state shall deposit the filing fees received under Section 203.005

39-13    in a suspense account with the comptroller [state treasurer] until

39-14    after election day.  The funds remaining in the account after any

39-15    refunds are made shall be deposited to the credit of the General

39-16    Revenue Fund.

39-17          SECTION 6.03.  Section 215.005(c), Election Code, is amended

39-18    to read as follows:

39-19          (c)  In a recount of an election for which the final canvass

39-20    is at the state level, other than a primary election, the recount

39-21    coordinator shall deliver the deposit of a person against whom

39-22    costs are assessed to the comptroller of public accounts, who shall

39-23    place the deposit in trust [with the state treasurer].  The

39-24    comptroller shall issue a warrant in the amount certified by the

39-25    coordinator to each county in which assessed costs were incurred

39-26    and to the person for any refund to which the person is entitled.

39-27          SECTION 6.04.  Section 221.002(b), Election Code, is amended

 40-1    to read as follows:

 40-2          (b)  The senate and the house of representatives, in joint

 40-3    session, have exclusive jurisdiction of a contest of a general

 40-4    election for governor, lieutenant governor, comptroller of public

 40-5    accounts, [state treasurer,] commissioner of the general land

 40-6    office, or attorney general.

 40-7          SECTION 6.05.  Section 242.001, Election Code, is amended to

 40-8    read as follows:

 40-9          Sec. 242.001.  APPLICABILITY OF CHAPTER.  This chapter

40-10    applies to a contest of a general election for the office of

40-11    governor, lieutenant governor, comptroller of public accounts,

40-12    [state treasurer,] land commissioner, or attorney general.

40-13       ARTICLE 7.  CHANGES TO CHAPTERS 403 AND 404, GOVERNMENT CODE

40-14          SECTION 7.01.  Section 403.005(a), Government Code, is

40-15    amended to read as follows:

40-16          (a)  The comptroller's account against the state shall be

40-17    sent for approval to [may not be sent to the treasurer until] the

40-18    secretary of state [approves it].

40-19          SECTION 7.02.  Section 403.011, Government Code, is amended

40-20    to read as follows:

40-21          Sec. 403.011.  GENERAL POWERS.  The comptroller shall:

40-22                (1)  obtain a seal with "Comptroller's Office, State of

40-23    Texas" engraved around the margin and a five-pointed star in the

40-24    center, to be used as the seal of the office to authenticate

40-25    official acts, except warrants drawn on the state treasury;

40-26                (2)  adopt regulations the comptroller considers

40-27    essential to the speedy and proper assessment and collection of

 41-1    state revenues;

 41-2                (3)  supervise, as the sole accounting officer of the

 41-3    state, the state's fiscal concerns and manage those concerns as

 41-4    required by law;

 41-5                (4)  require all accounts presented to the comptroller

 41-6    for settlement not otherwise provided for by law to be made on

 41-7    forms that the comptroller prescribes;

 41-8                (5)  prescribe and furnish the form or electronic

 41-9    format to be used in the collection of public revenue;

41-10                (6)  prescribe the mode and manner of keeping and

41-11    stating of accounts of persons collecting state revenue;

41-12                (7)  prescribe forms or electronic formats of the same

41-13    class, kind, and purpose so that they are uniform in size,

41-14    arrangement, matter, and form;

41-15                (8)  require each person receiving money or managing or

41-16    having disposition of state property of which an account is kept in

41-17    the comptroller's office periodically to render statements of the

41-18    money or property to the comptroller;

41-19                (9)  require each person who has received and not

41-20    accounted for state money to settle the person's account;

41-21                (10)  keep and settle all accounts in which the state

41-22    is interested;

41-23                (11)  examine and settle the account of each person

41-24    indebted to the state, certify the amount or balance [to the

41-25    treasurer], and direct and supervise the collection of the money;

41-26                (12)  audit claims against the state the payment of

41-27    which is provided for by law, unless the audit is otherwise

 42-1    specially provided for;

 42-2                (13)  determine the method for auditing claims against

 42-3    the state in a cost-effective manner, including but not limited to

 42-4    the use of stratified and statistical sampling techniques in

 42-5    conjunction with automated edits;

 42-6                (14)  maintain the necessary records and data for each

 42-7    approved claim against the state so that an adequate audit can be

 42-8    performed and the comptroller can submit a report to each house of

 42-9    the legislature, upon request, stating the name and amount of each

42-10    approved claim;

42-11                (15)  keep and state each account between the state and

42-12    the United States;

42-13                (16)  keep journals through which all entries are made

42-14    in the ledger;

42-15                (17)  draw warrants on the treasury for payment of all

42-16    money required by law to be paid from the treasury;

42-17                (18)  suggest plans for the improvement and management

42-18    of the general revenue; and

42-19                (19)  preserve the books, records, papers, and other

42-20    property of the comptroller's office and deliver them in good

42-21    condition to the successor to that office.

42-22          SECTION 7.03.  Sections 403.023(a), (c), and (d), Government

42-23    Code, are amended to read as follows:

42-24          (a)  The [treasurer in consultation with the] comptroller may

42-25    adopt rules relating to the acceptance of credit cards for the

42-26    payment of fees, taxes, and other charges assessed by state

42-27    agencies.  The rules may:

 43-1                (1)  authorize a state agency to accept credit cards if

 43-2    the comptroller [treasurer] determines the best interests of the

 43-3    state would be promoted;

 43-4                (2)  authorize or require a credit card user to pay a

 43-5    processing fee to the state agency that accepts the credit card;

 43-6    and

 43-7                (3)  authorize a particular state agency to accept

 43-8    credit cards without providing the same authorization to other

 43-9    state agencies.

43-10          (c)  The [treasurer and] comptroller may not adopt rules

43-11    about a particular state agency's acceptance of credit cards that

43-12    would affect a contract that the state agency has entered into that

43-13    is in effect on September 1, 1993.

43-14          (d)  The [treasurer and] comptroller may not adopt rules

43-15    about a particular state agency's acceptance or use of credit cards

43-16    if another law specifically authorizes, requires, prohibits, or

43-17    otherwise regulates the acceptance or use.

43-18          SECTION 7.04.  Sections 403.034(a) and (b), Government Code,

43-19    are amended to read as follows:

43-20          (a)  The comptroller shall maintain information concerning

43-21    all entries to the state general ledger. The ledger contains

43-22    controlling and fund accounts, including:

43-23                (1)  a comptroller [state treasurer] cash account;

43-24                (2)  a comptroller [state treasurer] bond account;

43-25                (3)  a comptroller [state treasurer] securities in

43-26    trust account;

43-27                (4)  a warrants payable account;

 44-1                (5)  agency suspense accounts;

 44-2                (6)  securities in trust fund accounts showing net

 44-3    balances, with a separate account for each fund;

 44-4                (7)  fund accounts for bonds owned, with a separate

 44-5    account for each fund; and

 44-6                (8)  other accounts found necessary.

 44-7          (b)  The comptroller shall charge the comptroller cash, bond,

 44-8    and securities accounts with [the state treasurer with] the cash on

 44-9    hand and in depository banks and with all bonds and securities held

44-10    for state funds or in trust.  The comptroller shall charge the

44-11    state treasury [treasurer] with the totals of all deposits made

44-12    into the state treasury and credit the state treasury [treasurer]

44-13    with warrants paid, so that the state treasury balance in the

44-14    comptroller's [treasurer's] hands plus the balance in the state

44-15    depositories equals the balance shown by the accounts.

44-16          SECTION 7.05.  Section 403.035(b), Government Code, is

44-17    amended to read as follows:

44-18          (b)  The comptroller shall keep a suspense ledger that states

44-19    the accounts of the comptroller [state treasurer] with respect to

44-20    money and securities the comptroller [state treasurer] holds in

44-21    suspense, including money and securities deposited with the

44-22    comptroller [treasurer] pending a determination of whether the

44-23    deposits are for a state purpose.  The comptroller shall

44-24    acknowledge the [treasurer's] receipt of the items held in suspense

44-25    and post these items to the ledger.  The ledger must also include

44-26    accounts for all money and securities received by heads of agencies

44-27    and deposited in suspense with the comptroller [state treasurer].

 45-1          SECTION 7.06.  Section 403.052, Government Code, is amended

 45-2    to read as follows:

 45-3          Sec. 403.052.  INFORMATION CONCERNING DEPOSITS [WITH THE

 45-4    TREASURER].  (a)  The comptroller shall promulgate [coordinate with

 45-5    the treasurer in the promulgation of] rules and develop [the

 45-6    development] and implement [implementation of] procedures for the

 45-7    efficient deposit of money and securities received and held by the

 45-8    comptroller [state treasurer].  The rules and procedures shall be

 45-9    consistent with the requirements of the uniform statewide

45-10    accounting system.

45-11          (b)  The comptroller shall record and maintain adequate

45-12    information concerning deposits into the state treasury.  This

45-13    deposit information shall consist of the records and data that the

45-14    comptroller deems necessary.  [The comptroller, on request, shall

45-15    transmit required deposit information to the treasurer.]

45-16          SECTION 7.07.  Sections 403.054(b)-(d), Government Code, are

45-17    amended to read as follows:

45-18          (b)  The comptroller may not issue a replacement warrant if:

45-19                (1)  the comptroller [state treasurer] has paid the

45-20    original warrant, unless the comptroller [treasurer] has obtained a

45-21    refund of the payment;

45-22                (2)  the period during which the comptroller [state

45-23    treasurer] may pay the original warrant has expired under Section

45-24    404.046 or other applicable law;

45-25                (3)  the payee of the replacement warrant is not the

45-26    same as the payee of the original warrant; or

45-27                (4)  the comptroller is prohibited by Section 403.055

 46-1    or 481.0841, or by Section 57.48, Education Code, from issuing a

 46-2    warrant to the payee of the replacement warrant.

 46-3          (c)  A replacement warrant:

 46-4                (1)  must reflect the same fiscal year as the original

 46-5    warrant; and

 46-6                (2)  may not be paid by the comptroller [state

 46-7    treasurer] unless presented for payment to the comptroller

 46-8    [treasurer] or a financial institution before the expiration of two

 46-9    years after the close of the fiscal year in which the original

46-10    warrant was issued.

46-11          [(d)  The state treasurer may not pay an original warrant

46-12    after the comptroller has notified the treasurer that the

46-13    comptroller has issued a replacement warrant for the original

46-14    warrant.]

46-15          SECTION 7.08.  Section 403.056(b), Government Code, is

46-16    amended to read as follows:

46-17          (b)  After the warrant has been prepared, it shall be

46-18    delivered to the comptroller for the comptroller's authorization or

46-19    signature as provided by law.  [Then the information concerning the

46-20    warrant that the state treasurer requires shall be delivered to the

46-21    state treasury and the state treasurer shall, as appropriate,

46-22    register it in the treasury, authorize or sign it as provided by

46-23    law, and return it to the comptroller's office.]

46-24          SECTION 7.09.  Section 403.057, Government Code, is amended

46-25    to read as follows:

46-26          Sec. 403.057.  SIGNATURE ON WARRANTS AFTER CHANGE IN OFFICE.

46-27    If the comptroller [or treasurer] ceases to hold or perform the

 47-1    duties of office, existing stocks of warrants bearing the person's

 47-2    printed name, signature, or facsimile signature may be used until

 47-3    they are exhausted, and the person succeeding to the office or the

 47-4    duties of the office shall have the warrants issued with:

 47-5                (1)  the obsolete printed name, signature, or facsimile

 47-6    signature struck through;

 47-7                (2)  the successor's printed name substituted for the

 47-8    obsolete printed name, signature, or facsimile signature; and

 47-9                (3)  the inscription "Printed name authorized by law"

47-10    near the successor's printed name.

47-11          SECTION 7.10.  Section 403.060(c), Government Code, is

47-12    amended to read as follows:

47-13          (c)  The comptroller shall promulgate [coordinate with the

47-14    treasurer in promulgating] rules for the effective and efficient

47-15    administration of this section.

47-16          SECTION 7.11.  Section 403.072(b), Government Code, is

47-17    amended to read as follows:

47-18          (b)  The comptroller shall accept the claim when presented,

47-19    prepare a warrant in payment of the claim before the date it

47-20    becomes due and payable, and hold the warrant for delivery until it

47-21    becomes due and payable.  The warrant must be dated as of the due

47-22    date of the claim and may not be delivered to the claimant until

47-23    the due date.  [The treasurer may countersign the warrant and make

47-24    entry to properly account for it.]

47-25          SECTION 7.12.  Section 403.074(a), Government Code, is

47-26    amended to read as follows:

47-27          (a)  The comptroller shall pay, from available funds

 48-1    appropriated for that purpose, miscellaneous claims for which an

 48-2    appropriation does not otherwise exist or for which the

 48-3    appropriation has lapsed.  For the purpose of this section,

 48-4    "miscellaneous claims" does not include claims concerning warrants

 48-5    that have expired because they were not presented to the

 48-6    comptroller [state treasurer] for payment within the time period

 48-7    specified in Section 210.012, Labor Code.

 48-8          SECTION 7.13.  Sections 403.075(c) and (e), Government Code,

 48-9    are amended to read as follows:

48-10          (c)  The comptroller may draw a deficiency warrant for[,] and

48-11    [the treasurer] may pay[,] only the part of a claim approved and

48-12    filed as provided by this section.  If a sufficient deficiency

48-13    appropriation exists to meet the claim, the comptroller shall draw

48-14    a warrant and the claim shall be paid.  If such an appropriation

48-15    does not exist or is not sufficient to pay the claim, the

48-16    comptroller shall issue a deficiency warrant and the claim may not

48-17    be paid until the legislature provides for the payment.

48-18          (e)  The governor may not approve warrants under this section

48-19    in an aggregate amount exceeding $200,000.  A warrant approved

48-20    above this amount is invalid and the comptroller [state treasurer]

48-21    may not redeem it.

48-22          SECTION 7.14.  Section 403.077(b), Government Code, is

48-23    amended to read as follows:

48-24          (b)  A warrant for the payment of the refund must be signed

48-25    by the comptroller and [state treasurer and] shall be drawn against

48-26    the fund or account into which the money was deposited.  The refund

48-27    shall be made from funds appropriated for that purpose.

 49-1          SECTION 7.15.  Section 403.0915, Government Code, is amended

 49-2    to read as follows:

 49-3          Sec. 403.0915.  DORMANT FUND OR ACCOUNT.  At any time the

 49-4    comptroller, [with the consent and approval of the state treasurer

 49-5    and] with notification to the state auditor, may transfer to the

 49-6    general revenue fund a balance in a dormant fund or account if the

 49-7    source of the fund or account is unknown or the purpose for which

 49-8    it was collected is moot.  The legislature at any time after the

 49-9    transfer may appropriate the balance as a refund if the source and

49-10    purpose of the fund or account become known and active.  The

49-11    comptroller shall report any dormant funds or accounts to the Funds

49-12    Review Advisory Committee.

49-13          SECTION 7.16.  Section 403.092(a), Government Code, is

49-14    amended to read as follows:

49-15          (a)  To allow efficient management of the cash flow of the

49-16    general revenue fund and to avoid temporary cash deficiency in that

49-17    fund, the comptroller[, with the consent of the state treasurer,]

49-18    may transfer surplus cash, except constitutionally dedicated

49-19    revenues, between funds in the state treasury.  As soon as

49-20    practicable the comptroller shall return the surplus cash to the

49-21    fund from which it was transferred.  The comptroller shall preserve

49-22    the fund equity and [the state treasurer] shall allocate the

49-23    depository interest as if the transfer had not been made.

49-24          SECTION 7.17.  Section 403.096(b), Government Code, is

49-25    amended to read as follows:

49-26          (b)  The committee is composed of the following members or

49-27    their designees:

 50-1                (1)  the governor;

 50-2                (2)  the comptroller;

 50-3                (3)  [the state treasurer;]

 50-4                [(4)]  the state auditor; and

 50-5                (4) [(5)]  the director of the Legislative Budget

 50-6    Board.

 50-7          SECTION 7.18.  Section 403.112(c), Government Code, is

 50-8    amended to read as follows:

 50-9          (c)  A controlling account shall be balanced monthly [and

50-10    shall correspond with the similar accounts kept by the state

50-11    treasurer].

50-12          SECTION 7.19.  Sections 403.204(a) and (c), Government Code,

50-13    are amended to read as follows:

50-14          (a)  A suit authorized by this subchapter must be brought

50-15    against the public official charged with the duty of collecting the

50-16    tax or fee, the comptroller [treasurer], and the attorney general.

50-17          (c)  A copy of the written protest as originally filed must

50-18    be attached to the original petition filed by the person paying the

50-19    tax or fee with the court and to the copies of the original

50-20    petition served on the comptroller [treasurer], the attorney

50-21    general, and the public official charged with the duty of

50-22    collecting the tax or fee.

50-23          SECTION 7.20.  Section 403.209, Government Code, is amended

50-24    to read as follows:

50-25          Sec. 403.209.  SUBMISSION OF PROTEST PAYMENTS TO COMPTROLLER

50-26    [TREASURER].  (a)  An officer who receives payments of taxes or

50-27    fees made under protest as required by Section 403.202 shall each

 51-1    day send to the comptroller [treasurer] the payments, a list of the

 51-2    persons making the payments, and a written statement that the

 51-3    payments were made under protest.

 51-4          (b)  The comptroller [treasurer] shall deposit each payment

 51-5    made under protest in the General Revenue Fund or to the fund or

 51-6    funds to which the tax or fee is allocated by law.

 51-7          (c)  The comptroller [treasurer] or the officer who receives

 51-8    a payment made under protest, if designated by the comptroller

 51-9    [treasurer], shall maintain detailed records of the payment made

51-10    under protest.

51-11          (d)  For purposes of a tax or fee paid under protest under

51-12    this subchapter, the interest to be credited on the tax or fee is

51-13    an amount equal to the amount of interest that would have been

51-14    earned by the tax or fee if the tax or fee had been deposited into

51-15    the suspense account of the comptroller [treasurer].

51-16          SECTION 7.21.  Sections 403.211(a), (b), and (d), Government

51-17    Code, are amended to read as follows:

51-18          (a)  If a suit under this subchapter results in a final

51-19    determination that all or part of the money paid under protest was

51-20    unlawfully demanded by the public official and belongs to the

51-21    payer, the comptroller [treasurer], as soon as practicable on or

51-22    after September 1 of the first year of the first state biennium

51-23    that begins after the date of the final determination of the suit,

51-24    shall credit the proper amount, with the interest credited on that

51-25    amount, against any other amount finally determined to be due to

51-26    the state from the payer according to information in the custody of

51-27    the comptroller [treasurer] and shall refund the remainder to the

 52-1    payer by the issuance of a refund warrant.

 52-2          (b)  A refund warrant shall be written and signed by the

 52-3    comptroller [and countersigned by the treasurer].

 52-4          (d)  The [treasurer shall return to the] comptroller shall

 52-5    deliver each refund warrant issued[, and the comptroller shall

 52-6    deliver it] to the person entitled to receive it.

 52-7          SECTION 7.22.  Section 403.212(d), Government Code, is

 52-8    amended to read as follows:

 52-9          (d)  A state official who receives a payment or bond under

52-10    Subsection (a)(2) shall deliver the payment or bond to the

52-11    comptroller [treasurer].  The comptroller [treasurer] shall deposit

52-12    a payment made under Subsection (a)(2)(A) to the credit of each

52-13    fund to which the tax, fee, or penalty is allocated by law.

52-14          SECTION 7.23.  Section 403.219(a), Government Code, is

52-15    amended to read as follows:

52-16          (a)  If a restraining order or injunction is finally

52-17    dismissed or dissolved and a bond was filed, the comptroller

52-18    [treasurer] shall make demand on the applicant and the applicant's

52-19    sureties for the immediate payment of all taxes, fees, and

52-20    penalties due the state.

52-21          SECTION 7.24.  Section 403.220, Government Code, is amended

52-22    to read as follows:

52-23          Sec. 403.220.  CREDIT OR REFUND.  (a)  If the final judgment

52-24    in a suit under this subchapter maintains the right of the

52-25    applicant for a temporary or permanent injunction to prevent the

52-26    collection of the tax or fee, the comptroller [treasurer] shall

52-27    credit the amount of the tax or fee, with the interest on that

 53-1    amount, against any other amount finally determined to be due to

 53-2    the state from the applicant according to information in the

 53-3    custody of the comptroller [treasurer] and shall refund the

 53-4    remainder to the applicant.  The credit or refund shall be made as

 53-5    soon as practicable on or after September 1 of the first year of

 53-6    the first state biennium that begins after the date of the final

 53-7    judgment.

 53-8          (b)  For purposes of this section, the interest to be paid on

 53-9    a refund of a tax or fee is an amount equal to the amount of

53-10    interest that would have been earned by the tax or fee if the tax

53-11    or fee had been paid into the suspense account of the comptroller

53-12    [treasurer].

53-13          SECTION 7.25.  The heading to Chapter 404, Government Code,

53-14    is amended to read as follows:

53-15                CHAPTER 404.  STATE TREASURY OPERATIONS OF

53-16                          COMPTROLLER [TREASURER]

53-17          SECTION 7.26.  Sections 404.001(4), (8), and (9), Government

53-18    Code, are amended to read as follows:

53-19                (4)  "Market value" means the fair and reasonable

53-20    prevailing price at which a security is being sold on the open

53-21    market at the time of the appraisement of the security by the

53-22    comptroller [treasurer].

53-23                (8)  ["Treasurer" means the state treasurer.]

53-24                [(9)]  "Treasury" means state funds subject to the

53-25    custody and control of the comptroller [state treasurer] and

53-26    available for appropriation by the legislature.

53-27          SECTION 7.27.  Section 404.011(a), Government Code, is

 54-1    amended to read as follows:

 54-2          (a)  The State Depository Board is composed of [the

 54-3    treasurer,] one citizen of the state who is appointed by the

 54-4    governor with the advice and consent of the senate for a two-year

 54-5    term, the banking commissioner, and the comptroller.

 54-6          SECTION 7.28.  Sections 404.0212(b), (e), and (f), Government

 54-7    Code, are amended to read as follows:

 54-8          (b)  A regulated financial institution that accepts a deposit

 54-9    from the comptroller [treasurer] shall report to the comptroller

54-10    [treasurer] the rating assigned to the financial institution under

54-11    12 U.S.C. Section 2906.

54-12          (e)  On receipt of notice that the rating of a financial

54-13    institution is changed to a rating below that required by this

54-14    section, the comptroller [treasurer] shall take immediate action to

54-15    transfer all state funds subject to the custody or control of the

54-16    comptroller [treasurer] that are on deposit with the institution to

54-17    a qualified financial institution.

54-18          (f)  The depository contract between a regulated financial

54-19    institution and the board must authorize the withdrawal without

54-20    penalty of the state funds subject to the custody or control of the

54-21    comptroller [treasurer] that are on deposit with the institution if

54-22    the rating of the institution is changed to a rating below that

54-23    required by Subsection (d).

54-24          SECTION 7.29.  Sections 404.022(a), (b), (d), (e), and

54-25    (h)-(j), Government Code, are amended to read as follows:

54-26          (a)  The comptroller [treasurer] is the secretary of the

54-27    board.

 55-1          (b)  The board, through its secretary, on the second Tuesday

 55-2    in June of each odd-numbered year shall mail to each eligible

 55-3    institution a letter stating the conditions with which applicants

 55-4    for designation as a state depository must comply.  The comptroller

 55-5    [treasurer] shall keep on file in the comptroller's [treasurer's]

 55-6    office and make available for inspection by any person a list of

 55-7    institutions to which letters have been sent.

 55-8          (d)  An application shall be mailed to the comptroller

 55-9    [treasurer] at Austin and must be received before noon of the first

55-10    day of August of the year in which the letter is sent.  An

55-11    application received after that time may be considered at the

55-12    option of the board.  The board shall charge a processing fee of

55-13    $25 for each application and shall deposit the fees to the credit

55-14    of the general revenue fund.

55-15          (e)  On receipt of an application under this section, the

55-16    comptroller [treasurer] shall endorse on the application the date

55-17    of its receipt.  The comptroller [treasurer] shall prepare a list

55-18    of the names of the applicants and the amount for which each has

55-19    applied and shall furnish a copy of the list to each board member.

55-20          (h)  As soon as practicable after the board has made its

55-21    designations, the comptroller [treasurer] shall inform all

55-22    applicants whether they have been designated as state depositories.

55-23          (i)  If more depositories are required at any time, the

55-24    comptroller [treasurer] may send to all eligible institutions

55-25    notice that further applications for designation as a state

55-26    depository for the unexpired term will be accepted.

55-27          (j)  The board may execute a simplified version of a

 56-1    depository agreement with an eligible institution desiring to hold

 56-2    $98,000 or less in state deposits that are fully insured by the

 56-3    Federal Deposit Insurance Corporation or the National Credit Union

 56-4    Share Insurance Fund.  The comptroller [treasurer] may give the

 56-5    institution contingent approval as a depository until the board's

 56-6    next scheduled meeting.

 56-7          SECTION 7.30.  Sections 404.0221(b) and (f), Government Code,

 56-8    are amended to read as follows:

 56-9          (b)  For the purposes of Section 404.022, collateral eligible

56-10    to be pledged with the comptroller [treasurer] to secure state

56-11    deposits includes:

56-12                (1)  direct obligations of or obligations the principal

56-13    and interest of which are guaranteed by the United States

56-14    government;

56-15                (2)  direct obligations of or obligations guaranteed by

56-16    agencies or instrumentalities of the United States government; and

56-17                (3)  a general or special obligation issued by a public

56-18    agency and approved by the attorney general that is payable from

56-19    taxes, revenues, or both.

56-20          (f)  The comptroller [treasurer] may reject at any time

56-21    collateral tendered by a state depository without assigning a

56-22    reason for the rejection, and the comptroller's [treasurer's]

56-23    action is final and not subject to review.

56-24          SECTION 7.31.  Sections 404.024(a), (b), and (f)-(i),

56-25    Government Code, are amended to read as follows:

56-26          (a)  The board may determine and designate the amount of

56-27    state funds to be deposited in time deposits in state depositories.

 57-1    The comptroller [treasurer] shall recommend to the board a maximum

 57-2    limit for state funds deposited by the comptroller [treasurer] at

 57-3    approved state depositories.  The percentage of state funds to be

 57-4    deposited in state depositories shall be based on the interest

 57-5    rates available in competing investments, the demand for funds from

 57-6    Texas banks, and the state's liquidity requirements.  The

 57-7    comptroller [treasurer] shall provide periodic investment reports

 57-8    to the board.

 57-9          (b)  State funds not deposited in state depositories shall be

57-10    invested by the comptroller [treasurer] in:

57-11                (1)  direct security repurchase agreements;

57-12                (2)  reverse security repurchase agreements;

57-13                (3)  direct obligations of or obligations the principal

57-14    and interest of which are guaranteed by the United States;

57-15                (4)  direct obligations of or obligations guaranteed by

57-16    agencies or instrumentalities of the United States government;

57-17                (5)  bankers' acceptances that:

57-18                      (A)  are eligible for purchase by the Federal

57-19    Reserve System;

57-20                      (B)  do not exceed 270 days to maturity; and

57-21                      (C)  are issued by a bank that has received the

57-22    highest short-term credit rating by a nationally recognized

57-23    investment rating firm;

57-24                (6)  commercial paper that:

57-25                      (A)  does not exceed 270 days to maturity; and

57-26                      (B)  except as provided by Subsection (i), has

57-27    received the highest short-term credit rating by a nationally

 58-1    recognized investment rating firm;

 58-2                (7)  contracts written by the treasury in which the

 58-3    treasury grants the purchaser the right to purchase securities in

 58-4    the treasury's marketable securities portfolio at a specified price

 58-5    over a specified period and for which the treasury is paid a fee

 58-6    and specifically prohibits naked-option or uncovered option

 58-7    trading;

 58-8                (8)  direct obligations of or obligations guaranteed by

 58-9    the Inter-American Development Bank, the International Bank for

58-10    Reconstruction and Development (the World Bank), the African

58-11    Development Bank, the Asian Development Bank, and the International

58-12    Finance Corporation that have received the highest credit rating by

58-13    a nationally recognized investment rating firm; and

58-14                (9)  bonds issued, assumed, or guaranteed by the State

58-15    of Israel.

58-16          (f)  The comptroller [treasurer] may invest the gross

58-17    proceeds from obligations of this state or any agency of this state

58-18    in:

58-19                (1)  obligations of a state or an agency, county, city,

58-20    or other political subdivision of a state; and

58-21                (2)  mutual funds composed of obligations described by

58-22    Subdivision (1).

58-23          (g)  To the extent practicable, the comptroller [treasurer]

58-24    shall give first consideration to Texas banks when investing in

58-25    direct security repurchase agreements.

58-26          (h)  The comptroller [treasurer] may not use state funds to

58-27    invest in or purchase obligations of a private corporation or other

 59-1    private business entity doing business in Northern Ireland unless

 59-2    the corporation or other entity:

 59-3                (1)  adheres to fair employment practices; and

 59-4                (2)  does not discriminate on the basis of race, color,

 59-5    religion, sex, national origin, or disability.

 59-6          (i)  Notwithstanding Subsection (b)(6)(B), the comptroller

 59-7    [treasurer] may purchase commercial paper with a rating lower than

 59-8    the rating required by that subsection to provide liquidity for

 59-9    commercial paper issued by the comptroller [treasurer] or an agency

59-10    of the state.

59-11          SECTION 7.32.  Sections 404.0245(b) and (c), Government Code,

59-12    are amended to read as follows:

59-13          (b)  Subject to the limitations of Subsection (c), the board

59-14    may determine and designate the amount of state funds that shall be

59-15    invested by the comptroller [treasurer] in hedging transactions in

59-16    crude oil and natural gas futures contracts and options on crude

59-17    oil and natural gas futures contracts that are traded on an

59-18    established exchange regulated by the Securities and Exchange

59-19    Commission or the Commodity Futures Trading Commission.

59-20          (c)  The principal amount of state funds invested and

59-21    outstanding in hedging transactions on any one day may not exceed

59-22    $500,000 with a maximum risk of loss of $5,000,000 in a biennium.

59-23    The total principal amount of state funds that may be invested by

59-24    the comptroller [treasurer] in hedging transactions during any one

59-25    biennium may not exceed the amount of money credited to the

59-26    unclaimed money fund for that biennium and attributable to the

59-27    remittance of mineral proceeds under Chapter 75, Property Code.

 60-1    Any premium incurred in connection with hedging transactions may be

 60-2    paid only from funds appropriated for that purpose.

 60-3          SECTION 7.33.  Section 404.026, Government Code, is amended

 60-4    to read as follows:

 60-5          Sec. 404.026.  ELEEMOSYNARY FUNDS.  The board may invest the

 60-6    permanent funds of the Texas School for the Blind and Visually

 60-7    Impaired, Texas School for the Deaf, Austin State Hospital, and

 60-8    Corsicana State Home and may invest other permanent funds, the

 60-9    investment of which is not otherwise provided for, that have $1,000

60-10    or more on deposit with the comptroller [treasurer] that are not

60-11    invested.  The board shall invest the funds in the same classes of

60-12    bonds as are authorized for investment of the permanent school

60-13    fund.

60-14          SECTION 7.34.  Sections 404.027(a) and (b), Government Code,

60-15    are amended to read as follows:

60-16          (a)  The comptroller [treasurer] may enter into credit

60-17    agreements or other similar agreements to provide liquidity for

60-18    obligations issued for governmental purposes by an agency of the

60-19    state if the agreements do not conflict with the liquidity needs of

60-20    the treasury.  An agency may enter into a credit agreement with the

60-21    comptroller [treasurer] on the issuance of obligations or at a

60-22    later date as agreed to by the comptroller [treasurer] and the

60-23    agency.

60-24          (b)  The comptroller [treasurer] may charge reasonable costs

60-25    to provide services under this section.

60-26          SECTION 7.35.  Section 404.031, Government Code, is amended

60-27    to read as follows:

 61-1          Sec. 404.031.  COLLATERAL REQUIREMENTS.  (a)  The comptroller

 61-2    [treasurer] shall determine the market value of securities pledged

 61-3    to secure state funds for the purpose of determining the adequacy

 61-4    of the amount of collateral.  The comptroller's [treasurer's]

 61-5    valuation of the securities is final and not subject to review.

 61-6          (b)  If the market value of the securities pledged by a

 61-7    depository becomes less than the amount of funds on deposit in the

 61-8    depository, the comptroller [treasurer] shall require that

 61-9    additional collateral be pledged immediately or deposits reduced.

61-10    If the collateral pledged by a state depository is in excess of the

61-11    amount required by this chapter, the comptroller [treasurer] may

61-12    permit the release of the excess collateral.  If the balance of

61-13    state funds in a state depository is increased, the depository

61-14    shall increase the collateral for the deposits to the amount

61-15    required by this chapter.

61-16          (c)  A state depository may substitute one group of eligible

61-17    securities for another group of securities pledged with the

61-18    comptroller [treasurer].

61-19          (d)  Except as provided by Subsections (e) and (f), a state

61-20    depository shall deposit any pledged securities with the

61-21    comptroller [treasurer].  The comptroller [treasurer] shall give

61-22    the depository a receipt for the securities and place them in the

61-23    vaults of the treasury.

61-24          (e)  Instead of depositing pledged securities with the

61-25    comptroller [treasurer], a depository may deposit them with a

61-26    custodian.  The custodian may be the Texas Treasury Safekeeping

61-27    Trust Company or a state or national bank that has a capital stock

 62-1    and permanent surplus of not less than $5 million, is a state

 62-2    depository, and has been designated as a custodian by the

 62-3    comptroller [treasurer].  The state depository and the custodian of

 62-4    securities pledged by that state depository may not be the same

 62-5    bank or be owned by the same bank holding company.  The securities

 62-6    shall be held in trust by the custodian to secure funds deposited

 62-7    by the comptroller [treasurer] in the state depository pledging the

 62-8    securities.  On receipt of the securities, the custodian shall

 62-9    immediately, by book entry or otherwise, identify on its books and

62-10    records the pledge of the securities and shall promptly issue and

62-11    deliver to the comptroller [treasurer] controlled trust receipts

62-12    for the securities pledged.  The security evidenced by the trust

62-13    receipts is subject to inspection by the comptroller [treasurer] at

62-14    any time.  The depository pledging the securities shall pay the

62-15    charges, if any, of the custodian bank for accepting and holding

62-16    the securities.  The custodian, acting alone or through a permitted

62-17    institution, is for all purposes under state law and

62-18    notwithstanding Chapters 8 and 9, Business & Commerce Code, the

62-19    bailee or agent of the comptroller [treasurer].  The security

62-20    interest arising out of a pledge of securities to secure deposits

62-21    of the state is created, attaches, and is perfected for all

62-22    purposes under state law from the time the custodian identifies the

62-23    pledge of the securities on its books and records and issues the

62-24    trust receipts.  The security interest remains perfected as of that

62-25    time in the hands of all subsequent custodians and permitted

62-26    institutions.

62-27          (f)  Instead of depositing pledged securities with the

 63-1    comptroller [treasurer], a state depository may deposit pledged

 63-2    securities with the Federal Reserve Bank of Dallas or the Federal

 63-3    Home Loan Bank of Dallas.  The securities shall be held by the bank

 63-4    to secure funds deposited by the comptroller [treasurer] in the

 63-5    state depository pledging the securities.  When the pledged

 63-6    securities are deposited, the bank may apply book entry to the

 63-7    securities.  The records of the bank shall at all times reflect the

 63-8    name of the state depository depositing the pledged securities, and

 63-9    the bank shall issue an advice of transaction to the comptroller

63-10    [treasurer] and the state depository pledging the securities.

63-11          (g)  In this section, "permitted institution" means a Federal

63-12    Reserve Bank, a Federal Home Loan Bank, a "clearing corporation" as

63-13    defined by Section 8.102(c), Business & Commerce Code, the Texas

63-14    Treasury Safekeeping Trust Company, a state depository, and any

63-15    state or nationally chartered bank or trust company that is

63-16    controlled by a bank holding company that controls a state

63-17    depository.  Neither the state depository that pledges the

63-18    securities nor any bank that is controlled by a bank holding

63-19    company that controls that state depository may be the permitted

63-20    institution with respect to the particular securities pledged by

63-21    that state depository.  A custodian holding in trust securities of

63-22    a state depository under Subsections (e) and (f) may deposit the

63-23    pledged securities with a permitted institution if the permitted

63-24    institution is the third party to the transaction.  The securities

63-25    shall be held by the permitted institution to secure funds

63-26    deposited by the comptroller [treasurer] in the state depository

63-27    pledging the securities.  On receipt of the securities, the

 64-1    permitted institution shall immediately issue to the custodian an

 64-2    advice of transaction or other document evidencing the deposit of

 64-3    the securities.  When the pledged securities held by a custodian

 64-4    are deposited, the permitted institution may apply book entry

 64-5    procedures to the securities.  The records of the permitted

 64-6    institution shall at all times reflect the name of the custodian

 64-7    depositing the pledged securities.  The custodian shall immediately

 64-8    issue and deliver to the comptroller [treasurer] controlled trust

 64-9    receipts for the pledged securities.  The trust receipts shall

64-10    indicate that the custodian has deposited with the permitted

64-11    institution the pledged securities held in trust for the state

64-12    depository pledging the securities.  A legal action or proceeding

64-13    brought by or against the state, arising out of or in connection

64-14    with the duties of the state depository, the custodian, or other

64-15    permitted institution under this subchapter must be brought and

64-16    maintained in state district court in Travis County.  In this

64-17    section, "control" and "bank holding company" have the meanings

64-18    assigned by Article 2, Chapter I, The Texas Banking Code (Article

64-19    342-102, Vernon's Texas Civil Statutes).

64-20          (h)  On request of the owner or owners, the comptroller

64-21    [treasurer] or custodian bank may surrender interest coupons or

64-22    other evidence of interest on securities deposited by state

64-23    depositories, when the interest is due, if the securities are

64-24    sufficient to meet the collateral requirements of the state.

64-25          (i)  A state depository making deposits of securities with

64-26    the comptroller [treasurer] may cause the securities to be endorsed

64-27    or stamped, as it considers proper, to show that they are deposited

 65-1    as collateral and not transferable except as provided by this

 65-2    chapter.

 65-3          (j)  If a state depository fails to credit a deposit or part

 65-4    of a deposit made by the comptroller [treasurer], the comptroller

 65-5    [treasurer] may immediately sell or otherwise convert the

 65-6    securities to money.

 65-7          (k)  The comptroller [treasurer] regularly shall provide the

 65-8    board with a status report relating to the collateral position of

 65-9    the treasury.

65-10          SECTION 7.36.  Section 404.032, Government Code, is amended

65-11    to read as follows:

65-12          Sec. 404.032.  DEPOSITS.  (a)  The comptroller [treasurer]

65-13    shall deposit state funds in depositories that satisfy the

65-14    collateral requirements of this chapter.  The comptroller

65-15    [treasurer] may deposit funds designated as demand deposits only in

65-16    institutions designated as depositories by the board.

65-17          (b)  The comptroller [treasurer] shall monitor the financial

65-18    stability of state depositories in which state deposits are held

65-19    and take appropriate action to protect state funds.

65-20          (c)  A state depository shall collect all checks, drafts, and

65-21    demands for money deposited with it by the comptroller [treasurer].

65-22    If the depository uses due diligence, it is not liable for the

65-23    collections until the proceeds of the collections are duly received

65-24    by the depository bank.  An expense incurred in collection that the

65-25    depository is not permitted to pay by reason of an Act of Congress

65-26    or a rule or regulation adopted under such an Act by the board of

65-27    governors of the Federal Reserve System or the board of directors

 66-1    of the Federal Deposit Insurance Corporation shall be charged to

 66-2    and paid by the comptroller [treasurer] out of money appropriated

 66-3    by the legislature for that purpose.

 66-4          (d)  The comptroller [treasurer] shall keep sufficient money

 66-5    on deposit in demand deposit accounts in depositories designated by

 66-6    the board as clearing institutions to meet all current claims on

 66-7    the state.  Items received by the comptroller [treasurer] for

 66-8    collection shall be deposited with a clearing institution to be

 66-9    credited to the demand deposit account in the depository.  Checks,

66-10    drafts, or warrants drawn by the comptroller [treasurer] for the

66-11    payment of obligations due by the state may be drawn on such an

66-12    account in such a depository or on the demand deposit account in

66-13    another state depository so that the checks, drafts, or warrants of

66-14    the state may at all times pass current as cash.

66-15          SECTION 7.37.  Section 404.033, Government Code, is amended

66-16    to read as follows:

66-17          Sec. 404.033.  WITHDRAWALS AND REMITTANCES.  (a)  Funds on

66-18    deposit with a depository are subject to withdrawal at any time by

66-19    the comptroller [treasurer], except funds designated as time

66-20    deposits, which may be withdrawn in the manner agreed on in the

66-21    contract under which the funds were deposited.  The depository

66-22    shall remit the withdrawal on demand and free of charge, except

66-23    charges that the depository is not permitted to pay by reason of an

66-24    Act of Congress or a rule or regulation adopted under such an Act

66-25    by the board of governors of the Federal Reserve System or the

66-26    board of directors of the Federal Deposit Insurance Corporation.

66-27          (b)  A remittance to the comptroller [treasurer] by a state

 67-1    depository or another person may be made by any method authorized

 67-2    by the comptroller [treasurer], including cash, money order, or

 67-3    bank draft.  The liability of the depository or other person making

 67-4    the remittance continues until the money is received by the

 67-5    comptroller [treasurer].  A depository that refuses to make a

 67-6    remittance required by this chapter forfeits its right to receive

 67-7    further deposits, on order of the board.  The board may withdraw

 67-8    all funds from the depository, which after the withdrawal ceases to

 67-9    be a state depository.

67-10          SECTION 7.38.  Section 404.041, Government Code, is amended

67-11    to read as follows:

67-12          Sec. 404.041.  TRUSTEE.  The comptroller [treasurer] is the

67-13    trustee of funds in the treasury.

67-14          SECTION 7.39.  Sections 404.042(a)-(d), Government Code, are

67-15    amended to read as follows:

67-16          (a)  Not later than the 20th day after the date on which

67-17    notice of election is received and before entering the duties of

67-18    office, the comptroller [treasurer] shall give a bond with a good

67-19    and solvent surety company authorized to do business in this state,

67-20    in the sum of $70,000, payable to and approved by the governor and

67-21    conditioned that the comptroller [treasurer] shall faithfully

67-22    execute the duties of that office under this chapter.  Expenses

67-23    necessary and incident to the execution of the bond shall be paid

67-24    by the state.

67-25          (b)  The comptroller [treasurer] shall also give any special

67-26    bond required by an Act of Congress or by a federal department or

67-27    official to protect federal funds deposited with the comptroller

 68-1    [treasurer].  Expenses necessary and incident to the execution of

 68-2    the bond shall be paid by the state.

 68-3          (c)  The comptroller [treasurer] shall appoint a first

 68-4    assistant who shall give bond with a good and solvent surety

 68-5    company authorized to do business in this state, in the sum of

 68-6    $70,000, payable to and approved by the governor, and conditioned

 68-7    that the first assistant shall faithfully execute the duties of

 68-8    that office under this chapter.  If the comptroller [treasurer] is

 68-9    not able to act, the first assistant shall sign the first

68-10    assistant's own name as acting comptroller [treasurer] and perform

68-11    the duties of the comptroller under this chapter [treasurer].  The

68-12    legal acts and signatures of the first assistant as acting

68-13    comptroller under this chapter [treasurer] are valid as the acts

68-14    and signatures of the comptroller [treasurer].

68-15          (d)  The comptroller [treasurer] shall appoint other

68-16    employees that are authorized by law.  Employees who as part of

68-17    their duties handle money, or drafts, checks, bills of exchange,

68-18    warrants, securities, or other evidences of debt that are or may be

68-19    convertible into money, or other valuable property shall give bond

68-20    with a good and solvent surety company authorized to do business in

68-21    this state, payable to the comptroller [treasurer] in the sum that

68-22    the comptroller [treasurer] requires, conditioned that the employee

68-23    shall faithfully execute and perform the duties of that employee's

68-24    position.  The comptroller [treasurer] may also require an employee

68-25    to be insured in the manner and in the sum that the comptroller

68-26    [treasurer] requires.

68-27          SECTION 7.40.  Section 404.043, Government Code, is amended

 69-1    to read as follows:

 69-2          Sec. 404.043.  SECURITY OFFICERS.  The comptroller

 69-3    [treasurer] may employ security officers to provide needed security

 69-4    services for the treasury and may commission the officers as peace

 69-5    officers.  The security officers shall give bond in the same manner

 69-6    required by this chapter for employees who handle money or other

 69-7    valuable property as part of their duties.

 69-8          SECTION 7.41.  Section 404.044, Government Code, is amended

 69-9    to read as follows:

69-10          Sec. 404.044.  REVIEW OF BONDS.  The attorney general[, with

69-11    the comptroller,] shall on the first day of the fiscal year examine

69-12    the bonds and insurance of the comptroller [treasurer], first

69-13    assistant, and other employees required under this chapter and make

69-14    diligent inquiry into the condition of the sureties on the bonds

69-15    and policies.  If the attorney general finds that a bond or

69-16    insurance policy is not sufficient to protect and secure the state,

69-17    the attorney general shall notify the comptroller [treasurer] in

69-18    writing of the insufficiency of the bond or policy, and the

69-19    comptroller [treasurer] shall secure a sufficient bond or

69-20    insurance.

69-21          SECTION 7.42.  Section 404.045, Government Code, is amended

69-22    to read as follows:

69-23          Sec. 404.045.  RECEIPT OF MONEY [FROM COMPTROLLER].  The

69-24    comptroller [treasurer] shall receive all money paid into the

69-25    treasury in accordance with the procedures required by Section

69-26    403.052.

69-27          SECTION 7.43.  Section 404.046, Government Code, is amended

 70-1    to read as follows:

 70-2          Sec. 404.046.  PAYMENT FROM TREASURY.  The comptroller

 70-3    [treasurer] shall [countersign and] pay warrants [drawn by] the

 70-4    comptroller draws on the treasury that are authorized by law.

 70-5    Money may not be paid out of the treasury except on the warrants of

 70-6    the comptroller, and a warrant may not be paid by the comptroller

 70-7    [treasurer] unless presented for payment to a financial institution

 70-8    or the comptroller [treasurer] before two years after the close of

 70-9    the fiscal year in which the warrant was issued.  Claims for the

70-10    payment of warrants presented after that time may be presented to

70-11    the legislature for appropriations from which the claims may be

70-12    paid.

70-13          SECTION 7.44.  Section 404.047, Government Code, is amended

70-14    to read as follows:

70-15          Sec. 404.047.  ACCOUNTS.  The comptroller [treasurer] shall

70-16    keep accounts of the receipt and expenditure of the money in the

70-17    treasury and close the accounts on August 31 of each year.  The

70-18    comptroller [treasurer] shall keep proper records, distinguishing

70-19    between the receipts and disbursements of each fiscal year.

70-20          SECTION 7.45.  Section 404.048, Government Code, is amended

70-21    to read as follows:

70-22          Sec. 404.048.  REPORT.  In addition to the reports required

70-23    by the constitution, the comptroller [treasurer] shall, as required

70-24    by the governor, submit a statement of the balance of money

70-25    remaining in the treasury and a summary of the receipts and

70-26    disbursements recorded by the treasury. The comptroller [treasurer]

70-27    shall exhibit all books, papers, and records on request by the

 71-1    legislature or a branch or committee of the legislature.

 71-2          SECTION 7.46.  Section 404.049, Government Code, is amended

 71-3    to read as follows:

 71-4          Sec. 404.049.  MONEY IN TREASURY.  Money received by the

 71-5    comptroller [treasurer] as trustee of funds in the treasury shall

 71-6    be kept in the treasury.  The comptroller [treasurer] may not keep

 71-7    or receive into the treasury money, or the representative of money,

 71-8    belonging to an individual except as provided by law.  The

 71-9    comptroller [treasurer] may not appropriate to the comptroller's

71-10    [treasurer's] own use or lend, sell, or exchange money, or the

71-11    representative of money, in the comptroller's [treasurer's] custody

71-12    or control.

71-13          SECTION 7.47.  Section 404.050, Government Code, is amended

71-14    to read as follows:

71-15          Sec. 404.050.  DELIVERY TO SUCCESSOR.  The comptroller

71-16    [treasurer] shall, at the close of the term of office, deliver into

71-17    the possession of the successor comptroller [treasurer] the money,

71-18    securities, and all other property of the state in the

71-19    comptroller's [treasurer's] possession and the books, vouchers,

71-20    papers, evidences of property, and all other matters and things

71-21    pertaining to the office.

71-22          SECTION 7.48.  Section  404.051, Government Code, is amended

71-23    to read as follows:

71-24          Sec. 404.051.  MONEY RETURNED TO COUNTY OR MUNICIPALITY.  If

71-25    money is in the treasury for the purpose of paying an obligation

71-26    due from a county or municipality and the comptroller finds from

71-27    certified copies of the records of the commissioners court or by

 72-1    other satisfactory evidence that the obligation is no longer

 72-2    outstanding against the county or municipality, the comptroller

 72-3    shall draw a warrant on the treasury in favor of the county or

 72-4    municipality for that amount of money and[.  The treasurer] shall

 72-5    pay the money [on the warrant of the comptroller] to the treasurer

 72-6    of the county or municipality for the benefit of its general fund.

 72-7          SECTION 7.49.  Section 404.052, Government Code, is amended

 72-8    to read as follows:

 72-9          Sec. 404.052.  OBLIGATIONS OF MUNICIPALITIES, DISTRICTS, AND

72-10    POLITICAL SUBDIVISIONS.  (a)  A bond, warrant, or other evidence of

72-11    indebtedness issued by a municipality, district, or political

72-12    subdivision of this state and any interest, at the discretion of

72-13    the municipality, district, or political subdivision may be payable

72-14    at the office of the comptroller [state treasurer].  The

72-15    comptroller [treasurer] serves as ex officio treasurer and fiscal

72-16    agent of the municipality, district, or political subdivision for

72-17    the purposes of receiving funds for the payment of the obligation

72-18    and interest, making payment of the obligation and interest, and

72-19    for all other purposes designated by this chapter or necessary or

72-20    incidental to the service.

72-21          (b)  The comptroller [treasurer] shall deposit money received

72-22    by the comptroller [treasurer] under this section and shall keep a

72-23    separate account for each municipality, district, or political

72-24    subdivision.  The payment of interest and principal due on an

72-25    obligation of the municipality, district, or political subdivision

72-26    must be on deposit with the comptroller [treasurer] not later than

72-27    five business days before the date of maturity.  Any charges

 73-1    incurred for late receipt of funds shall be assessed to the

 73-2    municipality, district, or political subdivision.  On receipt of

 73-3    those amounts by the comptroller [treasurer], the comptroller

 73-4    [treasurer] shall [request the comptroller to] issue a warrant for

 73-5    the payment of amounts due.

 73-6          (c)  On return of the obligation, the treasurer of the

 73-7    municipality, district, or political subdivision shall record the

 73-8    payment and cancellation.

 73-9          (d)  The comptroller [treasurer] shall collect for the use of

73-10    the state from the municipality, district, or political subdivision

73-11    a fee in an amount established by rule of the comptroller

73-12    [treasurer] that is sufficient to pay the comptroller's

73-13    [treasurer's] cost of administration.  The treasurer of the

73-14    municipality, district, or political subdivision, at the time of

73-15    the remittance for the payment of the maturing obligation or

73-16    interest, shall remit the fee to the comptroller [treasurer] as ex

73-17    officio treasurer of the municipality, district, or political

73-18    subdivision.  On receipt of the fee, the comptroller [treasurer]

73-19    shall deposit it to the appropriate fund. The amount of the fees

73-20    earned, or as much as necessary, is reserved to the comptroller

73-21    [treasurer] to be used in the administration of this chapter.  Any

73-22    balance remaining at the end of a fiscal year is available for use

73-23    in the next fiscal year.

73-24          (e)  It is the general intent of this section to provide an

73-25    inexpensive and feasible means for the payment of bonds and

73-26    interest coupons issued by municipalities, districts, and political

73-27    subdivisions in the state at the office of the comptroller [state

 74-1    treasurer], and this section shall be broadly construed to carry

 74-2    out that intent.  An official or a municipality, district, or

 74-3    political subdivision concerned with the administration of this

 74-4    section shall perform the acts and duties necessary or appropriate

 74-5    to facilitate and expedite the operation of this section to the end

 74-6    that bonds and interest may be promptly paid and the payment

 74-7    clearly evidenced and accounted for.

 74-8          (f)  The comptroller [treasurer] shall cancel and return to

 74-9    the municipality, district, or political subdivision depositing

74-10    funds for the payment of interest coupons or the retirement of

74-11    bonds the coupons and bonds that have matured or been retired by

74-12    purchase, together with a statement of the account of the

74-13    municipality, district, or subdivision showing the amounts received

74-14    and placed to its credit, service charges, and amount of coupons or

74-15    bonds retired.  At the request of the municipality, district, or

74-16    political subdivision, the comptroller [treasurer] shall remit to

74-17    the municipality, district, or subdivision any balance remaining in

74-18    custody of the comptroller [treasurer] for more than two years for

74-19    which bonds or coupons have not been presented for payment.  The

74-20    municipality, district, or political subdivision shall pay these

74-21    coupons or bonds when presented.  A municipality, district, or

74-22    political subdivision is entitled at any reasonable time to a

74-23    statement of its account with the comptroller [treasurer].

74-24          SECTION 7.50.  Section 404.054, Government Code, is amended

74-25    to read as follows:

74-26          Sec. 404.054.  DAILY TOTALS.  The comptroller [treasurer]

74-27    shall post the daily totals of deposits to the proper fund and

 75-1    control accounts in the general ledger.  The comptroller

 75-2    [treasurer] shall keep a transit record, in which the comptroller

 75-3    [treasurer] shall record the essential details of cash, checks,

 75-4    money orders, drafts, or other items deposited or cashed each day,

 75-5    showing the items deposited in each depository bank or otherwise

 75-6    disposed of.  The totals of deposits shall be charged to the

 75-7    accounts of the respective depositories on the books of the

 75-8    treasury.  The comptroller [treasurer] shall keep a journal of all

 75-9    journal vouchers or other memoranda of transfers between funds or

75-10    accounts.  Postings shall be made from this journal to the proper

75-11    accounts on the books of the treasury.

75-12          SECTION 7.51.  Section 404.055, Government Code, is amended

75-13    to read as follows:

75-14          Sec. 404.055.  TIME AND DEMAND DEPOSITS.  The comptroller

75-15    [treasurer] shall maintain records of the daily balances of and the

75-16    interest income from funds deposited by the comptroller [treasurer]

75-17    in time and demand deposit accounts in each bank acting as a state

75-18    depository.  The comptroller [treasurer] shall maintain and

75-19    preserve those records according to the provisions of Subchapter D,

75-20    Chapter 441, and of Chapter 552.

75-21          SECTION 7.52.  Section 404.056, Government Code, is amended

75-22    to read as follows:

75-23          Sec. 404.056.  INFORMATION CONCERNING WARRANTS.  (a)  The

75-24    comptroller [treasurer] shall keep the information on each warrant

75-25    that is necessary to enable an adequate audit to be performed.

75-26    [The comptroller shall furnish the necessary information to the

75-27    treasurer.]

 76-1          (b)  The comptroller [treasurer] shall keep information on

 76-2    the payment of each warrant, including the number and amount of

 76-3    each warrant paid.  [The treasurer, on request of the comptroller,

 76-4    shall furnish the necessary information each day to the

 76-5    comptroller.]

 76-6          (c)  The comptroller [treasurer] shall keep detailed

 76-7    information concerning all canceled warrants.

 76-8          SECTION 7.53.  Section 404.057, Government Code, is amended

 76-9    to read as follows:

76-10          Sec. 404.057.  WARRANTS PAYABLE ACCOUNTS.  (a)  The

76-11    comptroller [treasurer] shall keep warrants payable accounts for

76-12    each fund.

76-13          (b)  To each account, the comptroller [treasurer] shall

76-14    credit the daily totals of warrants issued and charged to each fund

76-15    so that the balance of those accounts represents the aggregate

76-16    amount of outstanding warrants.

76-17          SECTION 7.54.  Section 404.058, Government Code, is amended

76-18    to read as follows:

76-19          Sec. 404.058.  OUTSTANDING WARRANTS.  The comptroller

76-20    [treasurer] shall compile information concerning outstanding

76-21    warrants, which must be consistent with the requirements of the

76-22    uniform statewide accounting system.  [Upon request, this

76-23    information shall be sent to the comptroller.]

76-24          SECTION 7.55.  Section 404.059, Government Code, is amended

76-25    to read as follows:

76-26          Sec. 404.059.  GENERAL LEDGER ACCOUNTS.  The comptroller

76-27    [treasurer] shall charge the daily totals of the warrants to the

 77-1    respective funds and control accounts in the general ledger to

 77-2    which they apply.

 77-3          SECTION 7.56.  Section 404.060, Government Code, is amended

 77-4    to read as follows:

 77-5          Sec. 404.060.  PRIORITY OF WARRANTS.  Warrants on the

 77-6    treasury shall be on an equal basis with each other, except that if

 77-7    a question arises concerning the priority of payment of the

 77-8    warrants the comptroller [treasurer] shall determine the priority

 77-9    of payment.

77-10          SECTION 7.57.  Section 404.062(a), Government Code, is

77-11    amended to read as follows:

77-12          (a)  This subsection applies to money the status of which is

77-13    undetermined or that is awaiting the time when it can be taken into

77-14    the treasury.  The money shall be placed with the comptroller

77-15    [treasurer] and credited to the suspense account.  The comptroller

77-16    [treasurer] shall [request and] maintain information about the

77-17    deposit of funds into the suspense account in accordance with

77-18    Section 403.052.

77-19          SECTION 7.58.  Section 404.064, Government Code, is amended

77-20    to read as follows:

77-21          Sec. 404.064.  OFFICE FEES.  The comptroller [treasurer]

77-22    shall keep records of the fees earned by the comptroller under this

77-23    chapter [treasury department].  Those fees shall be deposited to

77-24    the appropriate fund in the treasury.

77-25          SECTION 7.59.  Section 404.065, Government Code, is amended

77-26    to read as follows:

77-27          Sec. 404.065.  CASH BALANCING.  The comptroller [treasurer]

 78-1    shall keep records for the purpose of arriving at the daily cash

 78-2    balance.  The daily totals of receipts and disbursements and the

 78-3    amount of cash on hand and in depository banks shall be recorded.

 78-4          SECTION 7.60.  Section 404.066(a), Government Code, is

 78-5    amended to read as follows:

 78-6          (a)  The general ledger kept by the comptroller [treasurer]

 78-7    shall contain accounts for each fund.  Those accounts shall be

 78-8    credited with the existing balances and the daily totals of

 78-9    deposits. Warrants issued and electronic funds transfers shall be

78-10    charged daily to the fund accounts.

78-11          SECTION 7.61.  Sections 404.067(a), (b), and (c), Government

78-12    Code, are amended to read as follows:

78-13          (a)  The comptroller [treasurer] shall keep custodial records

78-14    that shall reflect all deposits and releases of securities held by

78-15    the comptroller [treasurer] and belonging to a state investment

78-16    agency.

78-17          (b)  The comptroller [treasurer] shall keep appropriate

78-18    ledger accounts that include a short description of each security

78-19    held in safekeeping for certain investment agencies of the state.

78-20          (c)  The comptroller [treasurer] shall keep controlling or

78-21    total accounts of securities in the general ledger.  Those accounts

78-22    shall be kept with respect to the total amount of bonds or other

78-23    securities belonging to each separate fund.

78-24          SECTION 7.62.  Section 404.068, Government Code, is amended

78-25    to read as follows:

78-26          Sec. 404.068.  STATE REGULATORY AGENCIES SAFEKEEPING AND

78-27    PLEDGED COLLATERAL.  (a)  The comptroller [treasurer] shall keep a

 79-1    suitable system in which shall be entered all securities deposited

 79-2    with the comptroller [treasurer] by state depositories and other

 79-3    state agencies.  The comptroller [treasurer] shall enter in the

 79-4    system the authorizations to deposit or release the securities.

 79-5          (b)  The comptroller [treasurer] shall keep a securities

 79-6    ledger in which appropriate accounts for each custodial agency are

 79-7    kept.  That ledger shall be balanced monthly against control

 79-8    accounts kept in the general ledger and against corresponding

 79-9    accounts kept by the comptroller.

79-10          SECTION 7.63.  Section 404.069, Government Code, is amended

79-11    to read as follows:

79-12          Sec. 404.069.  TRUST FUNDS.  (a)  All money and securities

79-13    deposited with the comptroller [treasurer] in trust for any legal

79-14    purpose may be received by the comptroller [treasurer] as provided

79-15    by Section 403.052.  The money or securities shall be held in trust

79-16    by the comptroller [treasurer] in the same manner as the

79-17    departmental suspense account.  Withdrawal shall be by warrant in

79-18    the case of money and withdrawal authorization in the case of

79-19    securities.  Those instruments shall be issued by the comptroller

79-20    as provided by Sections 403.011 and 403.056.

79-21          (b)  Money received in trust or for any legal purpose that is

79-22    placed in a suspense account or fund shall be handled by the

79-23    comptroller [treasurer] in the same manner as items deposited in

79-24    the departmental suspense account.

79-25          (c)  Adequate registers, ledgers, and files shall be

79-26    maintained by the [treasurer and by the] comptroller to account for

79-27    the receiving and disposing of trust and suspense money and

 80-1    securities.  Those registers, ledgers, and files shall be known as

 80-2    the trust and suspense record.

 80-3          SECTION 7.64.  Section 404.070, Government Code, is amended

 80-4    to read as follows:

 80-5          Sec. 404.070.  VALIDITY OF VOIDED WARRANTS.  (a) A warrant

 80-6    issued by the comptroller in payment of refunds from a fund in the

 80-7    treasury becomes void unless presented to the comptroller

 80-8    [treasurer] for payment before two years after the end of the

 80-9    fiscal year in which the warrant was issued.  The sum of money

80-10    represented by a warrant voided under this section shall be

80-11    transferred by the comptroller from the fund from which the warrant

80-12    was originally issued to the general revenue fund.  Claims for the

80-13    payment of a voided warrant may be presented to the legislature for

80-14    appropriation from which the warrant may be paid.  This section

80-15    does not affect the laws regulating the payment of other warrants

80-16    issued by the comptroller.

80-17          (b)  When a transfer of money under this section is made, the

80-18    comptroller [treasurer] shall prepare a list of the outstanding

80-19    warrants representing the transfer.  The list must show the date of

80-20    the original warrant, the departmental suspense account against

80-21    which the warrant was originally drawn, the original warrant

80-22    number, and the amount of the original warrant.  The list shall be

80-23    maintained as a permanent record in the office of the comptroller

80-24    [treasurer].

80-25          SECTION 7.65.  Section 404.071, Government Code, is amended

80-26    to read as follows:

80-27          Sec. 404.071.  DISPOSITION OF INTEREST ON INVESTMENTS.  (a)

 81-1    Interest received from investments of money in funds and accounts

 81-2    in the charge of the comptroller [treasurer] shall be allocated on

 81-3    a monthly basis as follows:

 81-4                (1)  the pro rata portion of the interest received due

 81-5    to each constitutional fund shall be credited to that fund;

 81-6                (2)  the pro rata portion of the interest received due

 81-7    to the game, fish, and water safety fund shall be credited to that

 81-8    fund; and

 81-9                (3)  the remainder of the interest received, except the

81-10    portion required by other statutes to be credited on a pro rata

81-11    basis to protested payments, shall be credited to the general

81-12    revenue fund.

81-13          (b)  The legislature may appropriate a portion of the

81-14    interest under Subsection (a) to the comptroller [treasurer] in the

81-15    amount necessary to reimburse the comptroller [treasurer] for costs

81-16    incurred in receiving, paying, accounting for, investing, and

81-17    safekeeping money in those funds and accounts.  Amounts

81-18    appropriated for that purpose shall be deposited to the credit of

81-19    the fund established for the deposit of commissions reserved to the

81-20    comptroller [treasurer] under Section 404.052(d).

81-21          (c)  If a deficit occurs in the general revenue fund, the

81-22    comptroller [treasurer] may place with a designated depository bank

81-23    an offsetting compensating balance in a special depository account

81-24    known as a special demand account secured by general revenue

81-25    warrants only.

81-26          (d)  The comptroller [treasurer] is entitled to rely on the

81-27    opinion and advice of the attorney general for the proper

 82-1    interpretation and application of this section.

 82-2          (e)  [The treasurer shall provide the comptroller information

 82-3    necessary for the comptroller to compute the amount of interest to

 82-4    be paid from the general revenue fund as a result of the federal

 82-5    Cash Management Improvement Act of 1990 (31 U.S.C. Section 6501 et

 82-6    seq.).  The treasurer shall provide the information in accordance

 82-7    with the comptroller's requirements for frequency, method, and

 82-8    format.]

 82-9          [(f)]  For each special fund or account that contains

82-10    depository interest, the comptroller shall transfer from the fund

82-11    or account to the general revenue fund an amount equal to the

82-12    interest paid from the general revenue fund on behalf of the fund

82-13    or account.  In this subsection:

82-14                (1)  "Account" means a subdivision of a special fund or

82-15    the general revenue fund.

82-16                (2)  "Fund" and "special fund" have the meanings

82-17    assigned by Section 403.001.

82-18          (f) [(g)]  The comptroller may adopt procedures and rules to

82-19    administer Subsection (e) [Subsections (e) and (f)].

82-20          (g) [(h)]  Subsection (e) applies [Subsections (e) and (f)

82-21    apply] notwithstanding any other law.

82-22          SECTION 7.66.  Section 404.072, Government Code, is amended

82-23    to read as follows:

82-24          Sec. 404.072.  EXAMINATION BY STATE AUDITOR.  The

82-25    disbursements and receipts of the comptroller [treasurer] are

82-26    subject to audit by the state auditor in accordance with Chapter

82-27    321[, Government Code].

 83-1          SECTION 7.67.  Sections 404.073(a) and (b), Government Code,

 83-2    are amended to read as follows:

 83-3          (a)  The comptroller [treasurer] may be the trustee of funds

 83-4    or property outside the treasury.

 83-5          (b)  The comptroller [treasurer] functioning as the trustee

 83-6    of funds or property outside the treasury may contract with the

 83-7    treasury to manage the funds or property in a manner similar to the

 83-8    management of funds in the treasury.

 83-9          SECTION 7.68.  Sections 404.094(a) and (b), Government Code,

83-10    are amended to read as follows:

83-11          (a)  Fees, fines, penalties, taxes, charges, gifts, grants,

83-12    donations, and other funds collected or received by a state agency

83-13    under law shall be deposited in the treasury, credited to a special

83-14    fund or funds, and subject to appropriation only for the purposes

83-15    for which they are otherwise authorized to be expended or

83-16    disbursed.  A deposit shall be made at the earliest possible time

83-17    that the treasury can accept those funds, but not later than the

83-18    third business day after the date of receipt.  However, if an

83-19    agency determines that for seasonal or other extraordinary reasons

83-20    deposits cannot be made by the third business day after the date of

83-21    receipt, the agency shall provide written notice of the

83-22    determination to the state auditor and comptroller [treasurer] with

83-23    an explanation of the circumstances that require the delay.  If the

83-24    state auditor finds that an agency has not complied with this

83-25    subsection, the state auditor shall make an estimate of any

83-26    resulting financial loss to the state, taking into consideration

83-27    compliance costs that would have been additionally incurred by the

 84-1    agency, and report the amount to the legislative audit committee,

 84-2    the governor, and the comptroller [treasurer].

 84-3          (b)  Money that is required by this subchapter or by another

 84-4    law to be deposited in the treasury shall be deposited to the

 84-5    credit of the general revenue fund unless the money is expressly

 84-6    required to be deposited to another fund, trust fund, or special

 84-7    account not in the general revenue fund.  This subsection does not

 84-8    affect the authority of the comptroller [or the treasurer] to

 84-9    establish and use accounts necessary to manage and account for

84-10    state revenues and expenditures.

84-11          SECTION 7.69.  Sections 404.095(b) and (e), Government Code,

84-12    are amended to read as follows:

84-13          (b)  If during the preceding state fiscal year a person paid

84-14    a state agency a total of $500,000 or more in a category of

84-15    payments and the agency reasonably anticipates that during the

84-16    current state fiscal year the person will pay the agency $500,000

84-17    or more in a category of payments, the state agency shall require

84-18    the person to transfer payment amounts due to the agency in that

84-19    category, on or before the date the payment is due, by one of the

84-20    means of electronic funds transfer approved by the comptroller

84-21    [treasurer].  For the purposes of this section, each of the

84-22    following is a separate category of payments to a state agency:

84-23                (1)  fees;

84-24                (2)  fines;

84-25                (3)  civil penalties;

84-26                (4)  taxes, with each type of tax specified by the

84-27    comptroller [treasurer] being considered a separate category; and

 85-1                (5)  other payments to the state agency, excluding

 85-2    extraordinary payments such as gifts, grants, donations, interest

 85-3    and dividend income, and one time surcharges.

 85-4          (e)  The comptroller [treasurer] shall adopt rules specifying

 85-5    approved means of electronic funds transfer and specifying the

 85-6    types of taxes constituting separate categories.  A person's

 85-7    failure to comply with the rules may result in the assessment of a

 85-8    penalty by the state agency in an amount equal to five percent of

 85-9    the payment amount.

85-10          SECTION 7.70.  Section 404.096, Government Code, is amended

85-11    to read as follows:

85-12          Sec. 404.096.  RAPID DEPOSITS, TRANSACTIONS, AND TRANSFERS

85-13    REQUIRED.  According to a schedule established by the comptroller

85-14    [treasurer], the comptroller [treasurer] shall conduct a study of

85-15    each state agency that collects or receives $50 million or more a

85-16    year from all sources or processes 100,000 or more transactions a

85-17    year of any kind to determine whether implementing a program for

85-18    the rapid administration of deposits or transactions by the agency

85-19    or for the rapid transfer of revenue or information to or from the

85-20    state agency would result in a net savings of state revenue.  If

85-21    the comptroller [treasurer] determines that the implementation of a

85-22    program for the rapid administration of deposits or transactions or

85-23    for the rapid transfer of revenue or information to or from the

85-24    state agency would result in a net savings of state revenue, the

85-25    comptroller [treasurer] may require the agency to implement a

85-26    program for that rapid administration or transfer that meets the

85-27    specifications of the comptroller [treasurer].

 86-1          SECTION 7.71.  Section 404.102(a), Government Code, is

 86-2    amended to read as follows:

 86-3          (a)  The comptroller [treasurer] may incorporate a

 86-4    special-purpose trust company called the Texas Treasury Safekeeping

 86-5    Trust Company.  The purposes of the trust company are to provide a

 86-6    means for the comptroller [treasurer] to obtain direct access to

 86-7    services provided by the Federal Reserve System and to enable the

 86-8    comptroller [treasurer] to manage, disburse, transfer, safekeep,

 86-9    and invest funds and securities more efficiently and economically.

86-10    The comptroller [treasurer] may deposit funds and securities with

86-11    the trust company to achieve its purpose.

86-12          SECTION 7.72.  Section 404.103(b), Government Code, is

86-13    amended to read as follows:

86-14          (b)  The trust company may enter into contracts and trust

86-15    agreements or other fiduciary instruments with the comptroller

86-16    [treasurer], the Federal Reserve System, and other third parties.

86-17    The trust company shall be liable under those contracts in

86-18    accordance with the terms contained in the contracts.

86-19    Notwithstanding any other statute to the contrary, to the extent

86-20    permitted by the Texas Constitution and the contracts, trust

86-21    agreements, or other fiduciary instruments between the trust

86-22    company and the Federal Reserve System, the trust company's

86-23    obligations shall be guaranteed by the state, and the state

86-24    expressly waives all defenses of governmental immunity by and on

86-25    behalf of the trust company, the comptroller [treasurer], and the

86-26    state and expressly consents to sue and be sued in federal court or

86-27    in any court of competent jurisdiction.  However, this provision

 87-1    does not alter or affect the immunity accorded to state officials

 87-2    and employees under state law.  The trust company may enter into

 87-3    contracts with the comptroller [treasurer] and the Federal Reserve

 87-4    System to provide any services that the Federal Reserve System

 87-5    makes available, including:

 87-6                (1)  safekeeping book-entry United States Treasury and

 87-7    agency securities owned by the state and its agencies;

 87-8                (2)  using the federal reserve wire transfer system to

 87-9    transfer money and book-entry securities and to settle securities

87-10    transactions involving book-entry United States Treasury and agency

87-11    securities owned by the state and its agencies;

87-12                (3)  collecting, through the Federal Reserve System,

87-13    checks deposited with the treasury;

87-14                (4)  receiving payments from and making payments to the

87-15    federal government on behalf of the state and its agencies;

87-16                (5)  originating automated clearinghouse transactions

87-17    or other electronic transfers to make payments on behalf of the

87-18    state and its agencies, collecting revenues due the state and its

87-19    agencies, and transferring money between state depositories;

87-20                (6)  paying warrants drawn on the treasury and

87-21    presented through the Federal Reserve System for payment; and

87-22                (7)  safekeeping collateral pledged to secure deposits

87-23    of public funds.

87-24          SECTION 7.73.  Section 404.104, Government Code, is amended

87-25    to read as follows:

87-26          Sec. 404.104.  DUTIES OF COMPTROLLER [TREASURER].  (a)  The

87-27    comptroller [treasurer] is the sole officer, director, and

 88-1    shareholder of the trust company.  The comptroller's office [state

 88-2    treasury department] shall manage the trust company.

 88-3          (b)  The comptroller [treasurer] may enter into contracts,

 88-4    trust agreements, and other instruments with the trust company as

 88-5    provided by Section 404.103(b).

 88-6          (c)  The comptroller [treasurer] shall submit to the

 88-7    Legislative Budget Board an audited report regarding the operations

 88-8    of the trust company.  The state auditor shall conduct an audit of

 88-9    the operations of the trust company in accordance with Chapter

88-10    321[, Government Code].

88-11          SECTION 7.74.  Section 404.105, Government Code, is amended

88-12    to read as follows:

88-13          Sec. 404.105.  CAPITAL OR RESERVE REQUIREMENTS.  The trust

88-14    company shall have capital stock or reserve balances in an amount

88-15    required by applicable regulatory bodies for eligibility for

88-16    federal reserve services, but the amount may not be more than $1

88-17    million.  The stock of the trust company is an authorized

88-18    investment for state funds and shall be held by the comptroller

88-19    [treasurer].

88-20          SECTION 7.75.  Sections 404.106(a) and (b), Government Code,

88-21    are amended to read as follows:

88-22          (a)  Any net earnings of the trust company attributable to

88-23    capital or investments shall be credited annually to the account of

88-24    the treasury and shall be allocated annually to the funds held and

88-25    managed by the comptroller [treasurer] in accordance with Section

88-26    404.071(a).

88-27          (b)  Funds held by the trust company shall be invested in

 89-1    obligations authorized by law for the investment of funds held and

 89-2    managed by the comptroller [treasurer].

 89-3          SECTION 7.76.  Sections 404.121(3), (4), and (5), Government

 89-4    Code, are amended to read as follows:

 89-5                (3)  "Credit agreement" means a loan agreement,

 89-6    revolving credit agreement, agreement establishing a line of

 89-7    credit, letter of credit, reimbursement agreement, insurance

 89-8    contract, commitment to purchase tax and revenue anticipation

 89-9    notes, purchase or sale agreement, forward payment conversion

89-10    agreement, contract providing for payments based on levels of or

89-11    changes in interest rates or currency exchange rates, or commitment

89-12    or other contract or agreement approved by the comptroller

89-13    [treasurer] in connection with the authorization, issuance,

89-14    security, exchange, payment, purchase, or redemption of an

89-15    obligation, interest on an obligation, or both.

89-16                (4)  "Tax and revenue anticipation notes" and "notes"

89-17    mean notes issued under this section, including any obligations

89-18    under credit agreements entered into by the comptroller [treasurer]

89-19    in connection with the issuance of the notes.

89-20                (5)  "Temporary cash shortfall" during any period means

89-21    the greater of:

89-22                      (A)  the cash flow deficit forecast by the

89-23    comptroller [treasurer] for the period; or

89-24                      (B)  the cash balance of taxes and other revenues

89-25    in the general revenue fund at the beginning of the period that are

89-26    legally available for expenditures and transfers included in the

89-27    cash flow deficit, other than transfers deposited pursuant to

 90-1    Section 403.092, less the cash flow deficit for the period and less

 90-2    an amount determined by the comptroller [treasurer] that is

 90-3    reasonably required as a cash balance in the general revenue fund,

 90-4    but the reasonable account balance may not exceed 10 percent of

 90-5    expenditures and transfers made from the general revenue fund in

 90-6    the fiscal year before the year in which the determination is made.

 90-7          SECTION 7.77.  Section 404.122, Government Code, is amended

 90-8    to read as follows:

 90-9          Sec. 404.122.  CASH MANAGEMENT COMMITTEE.  The cash

90-10    management committee is composed of the governor, lieutenant

90-11    governor, speaker of the house of representatives, and

90-12    comptroller[, and treasurer].  If the speaker of the house of

90-13    representatives is not permitted by the Texas Constitution to serve

90-14    as a voting member of the committee, the speaker of the house of

90-15    representatives serves as a nonvoting member of the committee.

90-16          SECTION 7.78.  Sections 404.123(a) and (b), Government Code,

90-17    are amended to read as follows:

90-18          (a)  In anticipation of a temporary cash shortfall in the

90-19    general revenue fund during any fiscal year, the comptroller

90-20    [treasurer], subject to Section 404.124, may issue, sell, and

90-21    deliver tax and revenue anticipation notes on behalf of the state.

90-22          (b)  The sum of the total amount of the notes outstanding and

90-23    the total outstanding liability of the general revenue fund under

90-24    Section 403.092 may not at any time exceed 25 percent of the taxes

90-25    and revenues to be credited to the general revenue fund for the

90-26    fiscal year as determined by the comptroller [treasurer], based on

90-27    the certification made by the comptroller in the enactment of the

 91-1    General Appropriations Act applicable to that fiscal year.

 91-2          SECTION 7.79.  Section 404.124, Government Code, is amended

 91-3    to read as follows:

 91-4          Sec. 404.124.  SHORTFALL FORECAST; COMMITTEE APPROVAL.  (a)

 91-5    Before issuing notes the comptroller [treasurer] shall submit to

 91-6    the committee a general revenue cash flow shortfall forecast, based

 91-7    on the comptroller's most recent anticipated revenue estimate.  The

 91-8    forecast must contain a detailed report of estimated revenues and

 91-9    expenditures for each month and each major revenue and expenditure

91-10    category and must demonstrate the maximum general revenue cash flow

91-11    shortfall that may be predicted.

91-12          (b)  Based on the forecast the committee may approve the

91-13    issuance of notes and the maximum outstanding balance of notes in

91-14    any fiscal year.  The outstanding balance may not exceed the

91-15    maximum temporary cash shortfall forecast by the comptroller

91-16    [treasurer] for any period in the fiscal year.  The comptroller

91-17    [treasurer] may not issue notes in excess of the amount approved.

91-18          (c)  The committee may determine whether the notes will be

91-19    sold on a negotiated or competitive bid basis.  If the committee

91-20    determines that competitive bids are appropriate, the underwriter

91-21    of any notes issued under this section shall be selected by the

91-22    solicitation of sealed bids and an appropriate bid notice shall be

91-23    published at least one time in one or more recognized financial

91-24    publications of general circulation published within the state and

91-25    one or more recognized financial publications of general

91-26    circulation published outside the state.  Unless all bids are

91-27    rejected, the underwriter shall be selected from the bids received.

 92-1    The comptroller [treasurer] may not sell the notes in a manner not

 92-2    approved.

 92-3          SECTION 7.80.  Section 404.125, Government Code, is amended

 92-4    to read as follows:

 92-5          Sec. 404.125.  ISSUANCE OF NOTES.  (a)  The comptroller

 92-6    [treasurer], consistent with the committee's determinations under

 92-7    Section 404.124, shall authorize the issuance, sale, and delivery

 92-8    of the notes by order.

 92-9          (b)  Except as otherwise provided by this subsection, the

92-10    proceeds of the notes shall be deposited in a special fund in the

92-11    treasury called the tax and revenue anticipation note fund.  The

92-12    comptroller [treasurer] may pay the costs of issuance of the notes

92-13    from the fund and[, with notice to the comptroller,] from time to

92-14    time shall transfer the net proceeds to the general revenue fund to

92-15    honor authorized expenditures from the general revenue fund.  The

92-16    comptroller [treasurer] may invest any funds held in the tax and

92-17    revenue anticipation note fund in the authorized investments

92-18    described in Section 404.024 until used in accordance with this

92-19    section.  Proceeds of a credit agreement may be deposited as

92-20    directed by the comptroller [treasurer] pursuant to the order

92-21    authorizing the credit agreement and may be applied to pay the

92-22    principal of and interest on the notes.

92-23          (c)  In connection with the issuance of the notes, the

92-24    comptroller [treasurer] may exercise the powers granted to the

92-25    governing body of an issuer in connection with the issuance of

92-26    obligations under Chapter 656, Acts of the 68th Legislature,

92-27    Regular Session, 1983 (Article 717q, Vernon's Texas Civil

 93-1    Statutes), to the extent not inconsistent with this section.  The

 93-2    notes are subject to review and approval by the attorney general in

 93-3    the same manner and with the same effect as is provided by that

 93-4    Act.

 93-5          (d)  The comptroller [treasurer] is an authorized issuer

 93-6    under the Bond Procedures Act of 1981 (Article 717k-6, Vernon's

 93-7    Texas Civil Statutes), and the procedures, terms, and provisions of

 93-8    that Act apply to the tax and revenue anticipation notes authorized

 93-9    in this subchapter.

93-10          (e)  Amounts in the tax and revenue anticipation note fund

93-11    may be pledged to secure payment of the notes and performance of

93-12    obligations under credit agreements relating to the notes and may

93-13    be used to pay required rebates to the federal government.  The

93-14    comptroller [treasurer] may make covenants to carry out the

93-15    purposes of this subchapter and take other actions necessary,

93-16    desirable, or appropriate to complete the issuance of the notes.

93-17    The state pledges to and agrees with the holders of any notes that

93-18    the state will not limit or alter the rights vested in the

93-19    comptroller [treasurer] to fulfill the terms of any agreements made

93-20    with the holders, or in any way impair the rights and remedies of

93-21    the holders, until the notes are fully discharged.

93-22          SECTION 7.81.  Sections 404.126(a) and (c), Government Code,

93-23    are amended to read as follows:

93-24          (a)  Cash received from the collection of taxes and revenues

93-25    credited to the general revenue fund during the fiscal biennium in

93-26    which the notes are issued is available to restore the balance of

93-27    the tax and revenue anticipation note fund.  The comptroller

 94-1    [treasurer, with notice to the comptroller,] periodically shall

 94-2    transfer the cash to the fund to ensure the timely payment in full

 94-3    of the notes.  Transfers to the tax and revenue anticipation note

 94-4    fund under this subsection may not exceed the amount that has been

 94-5    transferred from that fund to the general revenue fund and has not

 94-6    been restored to the tax and revenue anticipation note fund.  The

 94-7    comptroller shall transfer surplus cash into the general revenue

 94-8    fund under Section 403.092, as is necessary to complete the

 94-9    transfers required by this section.

94-10          (c)  On payment in full of all outstanding notes, all

94-11    required rebates to the federal government, and all costs of

94-12    issuance of the notes, the comptroller [treasurer, with notice to

94-13    the comptroller,] shall transfer to the general revenue fund any

94-14    amounts remaining in the tax and revenue anticipation note fund.

94-15    To the extent that the amounts credited to the tax and revenue

94-16    anticipation note fund are insufficient to pay the principal,

94-17    premium, if any, interest on the notes, and any required rebate to

94-18    the federal government when due, and any issuance costs related to

94-19    the notes, amounts in the general revenue fund are available for

94-20    appropriation by the legislature to make those payments.  Amounts

94-21    in the tax and revenue anticipation note fund are available for

94-22    appropriation by the legislature to carry out the purposes of this

94-23    subchapter.

94-24          SECTION 7.82.  Section 404.053, Government Code, is repealed.

94-25               ARTICLE 8.  OTHER CHANGES TO GOVERNMENT CODE

94-26          SECTION 8.01.  Section 61.003(b), Government Code, is amended

94-27    to read as follows:

 95-1          (b)  The county treasurer shall send all donations made under

 95-2    this section to the comptroller [state treasurer], at the time and

 95-3    in the manner prescribed by the attorney general, for deposit to

 95-4    the credit of the compensation to victims of crime fund.

 95-5          SECTION 8.02.  Section 317.005(h), Government Code, is

 95-6    amended to read as follows:

 95-7          (h)  If either the governor or the board adopts an order

 95-8    under this section, the entity adopting the order shall notify the

 95-9    proposing entity, the comptroller, [the state treasurer,] and the

95-10    affected state agencies.  Unless the order is a contingent order,

95-11    the entity adopting the order shall file a copy of the order with

95-12    the secretary of state for publication in the Texas Register.

95-13          SECTION 8.03.  Section 317.006, Government Code, is amended

95-14    to read as follows:

95-15          Sec. 317.006.  ACTION ON CONTINGENT ORDER.  The governor or

95-16    board shall approve or reject each contingent order adopted under

95-17    Section 317.005(d) by the other entity.  The governor or board

95-18    shall notify the other entity, the comptroller, [the state

95-19    treasurer,] and the affected state agencies of the approval or

95-20    rejection and shall direct the secretary of state to publish notice

95-21    of the action in the Texas Register.

95-22          SECTION 8.04.  Section 317.009, Government Code, is amended

95-23    to read as follows:

95-24          Sec. 317.009.  ENFORCEMENT OF ORDER.  During the period for

95-25    which an order adopted under this chapter is effective, in regard

95-26    to affected appropriations the comptroller may approve vouchers and

95-27    [the state treasurer] may issue warrants only in accordance with

 96-1    the terms of the order.

 96-2          SECTION 8.05.  Section 325.017(f), Government Code, is

 96-3    amended to read as follows:

 96-4          (f)  The legislature recognizes the state's continuing

 96-5    obligation to pay bonded indebtedness and all other obligations,

 96-6    including lease, contract, and other written obligations, incurred

 96-7    by a state agency abolished under this chapter, and this chapter

 96-8    does not impair or impede the payment of bonded indebtedness and

 96-9    all other obligations, including lease, contract, and other written

96-10    obligations, in accordance with their terms.  If an abolished state

96-11    agency has outstanding bonded indebtedness or other outstanding

96-12    obligations, including lease, contract, and other written

96-13    obligations, the bonds and all other obligations, including lease,

96-14    contract, and other written obligations, remain valid and

96-15    enforceable in accordance with their terms and subject to all

96-16    applicable terms and conditions of the laws and proceedings

96-17    authorizing the bonds and all other obligations, including lease,

96-18    contract, and other written obligations.  The governor shall

96-19    designate an appropriate state agency that shall continue to carry

96-20    out all covenants contained in the bonds and in all other

96-21    obligations, including lease, contract, and other written

96-22    obligations, and the proceedings authorizing them, including the

96-23    issuance of bonds, and the performance of all other obligations,

96-24    including lease, contract, and other written obligations, to

96-25    complete the construction of projects or the performance of other

96-26    obligations, including lease, contract, and other written

96-27    obligations.  The designated state agency shall provide payment

 97-1    from the sources of payment of the bonds in accordance with the

 97-2    terms of the bonds and shall provide payment from the sources of

 97-3    payment of all other obligations, including lease, contract, and

 97-4    other written obligations, in accordance with their terms, whether

 97-5    from taxes, revenues, or otherwise, until the bonds and interest on

 97-6    the bonds are paid in full and all other obligations, including

 97-7    lease, contract, and other written obligations, are performed and

 97-8    paid in full.  If the proceedings so provide, all funds established

 97-9    by laws or proceedings authorizing the bonds or authorizing other

97-10    obligations, including lease, contract, and other written

97-11    obligations, shall remain with the comptroller [State Treasurer] or

97-12    the previously designated trustees.  If the proceedings do not

97-13    provide that the funds remain with the comptroller [State

97-14    Treasurer] or the previously designated trustees, the funds shall

97-15    be transferred to the designated state agency.

97-16          SECTION 8.06.  Section 401.003(b), Government Code, is

97-17    amended to read as follows:

97-18          (b)  The comptroller [state treasurer] shall credit to the

97-19    inaugural fund a pro rata share of the interest received from the

97-20    deposit of state funds as if the inaugural fund were a

97-21    constitutional fund.

97-22          SECTION 8.07.  Section 401.004(b), Government Code, is

97-23    amended to read as follows:

97-24          (b)  A contribution may be made to the inaugural committee or

97-25    the secretary of state.  If the secretary of state receives a

97-26    contribution while the inaugural committee exists, the secretary of

97-27    state shall deliver the contribution to the committee.  If the

 98-1    secretary of state receives a contribution at any other time, the

 98-2    secretary of state shall transmit the contribution to the

 98-3    comptroller [state treasurer], who shall deposit it in the state

 98-4    treasury to the credit of the inaugural fund.

 98-5          SECTION 8.08.  Section 401.008(b), Government Code, is

 98-6    amended to read as follows:

 98-7          (b)  On the date on which the committee files its final

 98-8    report with the secretary of state, the committee shall deliver to

 98-9    the comptroller [state treasurer] all unexpended nonappropriated

98-10    funds it possesses.  The comptroller [treasurer] shall deposit the

98-11    funds in the state treasury to the credit of the inaugural fund.

98-12          SECTION 8.09.  Section 401.065(b), Government Code, is

98-13    amended to read as follows:

98-14          (b)  The comptroller shall draw and [the state treasurer

98-15    shall] pay the necessary warrants for the emergency.

98-16          SECTION 8.10.  Section 402.026, Government Code, is amended

98-17    to read as follows:

98-18          Sec. 402.026.  INSPECTION OF ACCOUNTS.  At least monthly the

98-19    attorney general shall inspect the accounts of the offices of the

98-20    [state treasurer,] comptroller[,] and each other person responsible

98-21    for collection or custody of state funds.  The attorney general

98-22    shall immediately bring or cause to be brought an action to recover

98-23    state funds in the hands of a person in default or arrears and

98-24    shall immediately begin criminal proceedings against a person who

98-25    has illegally applied or retained state funds.

98-26          SECTION 8.11.  Section 405.013(c), Government Code, is

98-27    amended to read as follows:

 99-1          (c)  The secretary of state shall deliver money received from

 99-2    sales under this section to the comptroller [treasurer] and shall

 99-3    make a full statement of the sales in the secretary of state's

 99-4    biennial report.

 99-5          SECTION 8.12.  Section 411.109, Government Code, is amended

 99-6    to read as follows:

 99-7          Sec. 411.109.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:

 99-8    COMPTROLLER [STATE TREASURER].  (a)  The comptroller [treasurer] is

 99-9    entitled to obtain from the department criminal history record

99-10    information maintained by the department that the comptroller

99-11    [treasurer] believes is necessary for the enforcement or

99-12    administration of Chapter 154 or Chapter 155, Tax Code, including

99-13    criminal history record information that relates to a person who

99-14    is:

99-15                (1)  an applicant for a permit under Chapter 154 or

99-16    Chapter 155, Tax Code;

99-17                (2)  a permit holder under either of those chapters;

99-18                (3)  an officer, director, stockholder owning 10

99-19    percent or more of the outstanding stock, partner, owner, or

99-20    managing employee of an applicant or permit holder under either of

99-21    those chapters that is a corporation, association, joint venture,

99-22    syndicate, partnership, or proprietorship;

99-23                (4)  believed to have violated Chapter 154 or Chapter

99-24    155, Tax Code; or

99-25                (5)  being considered by the comptroller [treasurer]

99-26    for employment as a peace officer.

99-27          (b)  Criminal history record information obtained by the

 100-1   comptroller [treasurer] under Subsection (a) may not be released or

 100-2   disclosed to any person except on court order or as provided by

 100-3   Subsection (c).

 100-4         (c)  The comptroller [treasurer] is not prohibited from

 100-5   disclosing to a person who is the subject of criminal history

 100-6   record information the dates and places of arrests, the offenses,

 100-7   and the dispositions in the criminal history record information.

 100-8         SECTION 8.13.  Section 419.026(d), Government Code, is

 100-9   amended to read as follows:

100-10         (d)  The commission shall send the fees authorized by

100-11   Subsection (a) and Section 419.033(b) to the comptroller [state

100-12   treasurer], who shall deposit 50 percent of the fees collected

100-13   annually into the general revenue fund and 50 percent of the fees

100-14   collected annually into a special account in the general revenue

100-15   fund dedicated for use by the commission.  Except as otherwise

100-16   provided by this chapter, 50 percent of the special fund created

100-17   under this subsection may be used only to defray the commission's

100-18   costs in performing inspections under Section 419.027 and the other

100-19   50 percent may be used only to provide training assistance under

100-20   Section 419.031.

100-21         SECTION 8.14.  Section 431.035(c), Government Code, is

100-22   amended to read as follows:

100-23         (c)  The adjutant general may accept a donation or transfer

100-24   of funds from the federal government directly or through another

100-25   agency or from an agency or political subdivision of the state.

100-26   The funds shall be deposited with the comptroller [state

100-27   treasurer].  The funds may be used for the legal purpose of the

 101-1   department set out in the donation or transfer.  The comptroller

 101-2   [state treasurer] shall pay out the funds on a properly drawn

 101-3   warrant issued by the comptroller on request of the adjutant

 101-4   general and approval of the governor under regulations adopted by

 101-5   the comptroller.  An employee whose salary is paid from these funds

 101-6   is entitled to not less than the federal hourly minimum wage as

 101-7   provided by Section 206, Fair Labor Standards Act of 1938 (29

 101-8   U.S.C. Section 206).  The adjutant general may adopt regulations

 101-9   necessary to control the receipt and disbursement of these funds.

101-10         SECTION 8.15.  Section 443.0101(a), Government Code, is

101-11   amended to read as follows:

101-12         (a)  Money and securities donated to the board shall be held

101-13   in trust outside the treasury by the comptroller [state treasurer]

101-14   in a special fund to be known as the Capitol fund.  The comptroller

101-15   [treasurer] shall manage and invest the fund on behalf of the board

101-16   as directed or agreed to by the board.

101-17         SECTION 8.16.  Section 444.027(c), Government Code, is

101-18   amended to read as follows:

101-19         (c)  The operating fund is exempt from the application of

101-20   Sections [403.094(h), 403.094(i),] 403.095[,] and 404.071.

101-21   Interest received from investments of money in the operating fund

101-22   shall be allocated monthly by the comptroller [state treasurer] to

101-23   the operating fund.

101-24         SECTION 8.17.  Sections 465.023(c) and (d), Government Code,

101-25   are amended to read as follows:

101-26         (c)  The fund and the accounts within it shall be held in

101-27   trust by the comptroller [state treasurer] for and on behalf of the

 102-1   commission and the owners of the general obligation bonds issued in

 102-2   accordance with this section and may be used without further

 102-3   appropriation only as provided by this subchapter.

 102-4         (d)  Pending its use, money in the fund shall be invested as

 102-5   provided by resolution of the commission, and investment income

 102-6   shall be added to the fund.   The comptroller [state treasurer]

 102-7   shall invest the fund in investments authorized by law for state

 102-8   deposits.

 102-9         SECTION 8.18.  Section 465.024(c), Government Code, is

102-10   amended to read as follows:

102-11         (c)  The commission and any financing corporation may make

102-12   additional covenants with respect to its revenue bonds and the

102-13   pledged revenues and may provide for the flow of funds and the

102-14   establishment and maintenance and investment of funds, which may

102-15   include interest and sinking funds, reserve funds, and other funds.

102-16   Those funds and the income from their investment shall be kept and

102-17   maintained in escrow and in trust by the comptroller [state

102-18   treasurer] for and on behalf of the commission or the financing

102-19   corporation, as applicable, and the owners of its revenue bonds, in

102-20   funds held outside the treasury under Section 404.073. Those funds

102-21   shall be used only as provided by this subchapter and pending their

102-22   use shall be invested as provided by resolution of the commission

102-23   or the financing corporation, as applicable.  The comptroller

102-24   [state treasurer] shall invest the funds in investments authorized

102-25   by law for state deposits.  The comptroller [state treasurer], as

102-26   custodian, shall administer those funds strictly and only as

102-27   provided by this section and in the resolutions of the commission

 103-1   or the financing corporation, as applicable.  The state may not

 103-2   take action with respect to those funds other than that specified

 103-3   in this chapter and in the resolutions of the commission or the

 103-4   financing corporation, as applicable.  The commission or the

 103-5   financing corporation, as applicable, may provide in the resolution

 103-6   authorizing its revenue bonds for the issuance of additional bonds

 103-7   to be equally and ratably secured by a lien on the revenues and

 103-8   receipts or for the issuance of subordinate lien bonds.

 103-9         SECTION 8.19.  Section 465.030, Government Code, is amended

103-10   to read as follows:

103-11         Sec. 465.030.  REFUNDING.  The commission and any financing

103-12   corporation may issue bonds to refund all or part of the

103-13   outstanding bonds of the commission or the financing corporation,

103-14   including matured but unpaid interest, in whole or in part, in the

103-15   manner provided by other applicable statutes, including Chapter

103-16   503, Acts of the 54th Legislature, Regular Session, 1955 (Article

103-17   717k, Vernon's Texas Civil Statutes), and Chapter 784, Acts of the

103-18   61st Legislature, Regular Session, 1969 (Article 717k-3, Vernon's

103-19   Texas Civil Statutes). If the provision for the payment of all

103-20   interest and applicable premiums on and principal of revenue bonds

103-21   issued under this subchapter has been made through the irrevocable

103-22   deposit of money with the comptroller [state treasurer] as provided

103-23   by an applicable statute, the amount of the revenue bonds may no

103-24   longer be charged against the issuing authority of the commission

103-25   and the financing corporations, and on the making of that provision

103-26   the issuing authority is restored to the extent of the principal

103-27   amount of the revenue bonds.

 104-1         SECTION 8.20.  Section 466.354, Government Code, is amended

 104-2   to read as follows:

 104-3         Sec. 466.354.  DUTIES OF COMPTROLLER [STATE TREASURER].

 104-4   (a)  The comptroller [state treasurer], in consultation with the

 104-5   director, shall establish procedures for the efficient

 104-6   implementation and operation of an electronic funds transfer system

 104-7   to meet the needs of the director under this chapter.

 104-8         (b)  The comptroller [state treasurer] periodically shall

 104-9   file reports with the executive director providing information

104-10   regarding the revenue credited to the state lottery account, the

104-11   investments of the money in the account, and the distributions made

104-12   from the account.

104-13         SECTION 8.21.  Section 466.403, Government Code, is amended

104-14   to read as follows:

104-15         Sec. 466.403.  PAYMENT OF PRIZE IN INSTALLMENTS.  If the

104-16   director determines that prize money is to be paid in installments,

104-17   the comptroller [state treasurer] shall invest funds from the state

104-18   lottery account as necessary to ensure the payment of the

104-19   installments.  The investments may be in securities, annuities, or

104-20   other instruments as determined by the comptroller [treasurer].

104-21         SECTION 8.22.  Sections 466.407(a) and (c), Government Code,

104-22   are amended to read as follows:

104-23         (a)  The executive director shall deduct the amount of a

104-24   delinquent tax or other money from the winnings of a person who has

104-25   been finally determined to be:

104-26               (1)  delinquent in the payment of a tax or other money

104-27   collected by the comptroller[, the state treasurer,] or the Texas

 105-1   Alcoholic Beverage Commission;

 105-2               (2)  delinquent in making child support payments

 105-3   administered or collected by the attorney general;

 105-4               (3)  in default on a loan made under Chapter 52,

 105-5   Education Code; or

 105-6               (4)  in default on a loan guaranteed under Chapter 57,

 105-7   Education Code.

 105-8         (c)  The attorney general, comptroller, [state treasurer,]

 105-9   Texas Alcoholic Beverage Commission, Texas Higher Education

105-10   Coordinating Board, and Texas Guaranteed Student Loan Corporation

105-11   shall each provide the executive director with a report of persons

105-12   who have been finally determined to be delinquent in the payment of

105-13   a tax or other money collected by the agency.  The commission shall

105-14   adopt rules regarding the form and frequency of reports under this

105-15   subsection.

105-16         SECTION 8.23.  Section 481.021(c), Government Code, is

105-17   amended to read as follows:

105-18         (c)  The department shall deposit contributions from private

105-19   sources in a separate fund kept and held in escrow and in trust by

105-20   the comptroller [state treasurer] for and on behalf of the

105-21   department as funds held outside the treasury under Section

105-22   404.073, and the money contributed shall be used to carry out the

105-23   purposes of the department and, to the extent possible, the

105-24   purposes specified by the donors.  The comptroller [state

105-25   treasurer] may invest and reinvest the money, pending its use, in

105-26   the fund in investments authorized by law for state funds that the

105-27   comptroller [state treasurer] considers appropriate.

 106-1         SECTION 8.24.  Section 481.026(d), Government Code, is

 106-2   amended to read as follows:

 106-3         (d)  The department may establish a Texas literacy trust fund

 106-4   for the purpose of collecting private funds for distribution to

 106-5   community literacy programs.  The fund must meet all applicable

 106-6   requirements under state and federal law necessary for

 106-7   qualification as a nonprofit trust.  The fund, if established,

 106-8   shall be a separate fund kept and held in escrow and in trust by

 106-9   the comptroller [state treasurer] for and on behalf of the

106-10   department as funds held outside the treasury under Section

106-11   404.073.  Unless prohibited by other law, the comptroller [state

106-12   treasurer] may invest and reinvest the money, pending its use, in

106-13   the fund in investments authorized by law for state funds that the

106-14   comptroller [state treasurer] considers appropriate.  The

106-15   department shall distribute money from the fund under guidelines

106-16   set by the Texas Workforce Commission.

106-17         SECTION 8.25.  Section 481.056(b), Government Code, is

106-18   amended to read as follows:

106-19         (b)  The department shall establish and maintain a separate

106-20   fund into which the proceeds from the sale of the bonds shall be

106-21   deposited.  All other money received by the department under this

106-22   subchapter, except money required to be deposited in the Texas

106-23   exporters loan fund, shall also be deposited in this fund.  The

106-24   policy board may provide for the establishment and maintenance of

106-25   separate accounts within the fund, including interest and sinking

106-26   accounts, reserve accounts, program accounts, and other accounts,

106-27   all of which shall be kept and held in escrow and in trust by the

 107-1   comptroller [state treasurer] for and on behalf of the department

 107-2   and the owners of the bonds as funds outside the treasury under

 107-3   Section 404.073 and may be used only as provided by this

 107-4   subchapter.  Pending use, the comptroller [state treasurer] may

 107-5   invest and reinvest the money in the fund in investments authorized

 107-6   by law for state funds that the comptroller [state treasurer], with

 107-7   the approval of the policy board and consistent with resolutions

 107-8   authorizing the bonds, considers appropriate.  Earnings on those

 107-9   investments shall be deposited in the fund.  The department is

107-10   authorized to use money deposited in the fund for the purposes

107-11   specified in and according to the procedures established by this

107-12   subchapter, and the state may not take any action with respect to

107-13   the fund other than as specified by this subchapter and in the

107-14   resolutions of the policy board.

107-15         SECTION 8.26.  Section 481.154(a), Government Code, is

107-16   amended to read as follows:

107-17         (a)  The smart jobs fund is established as a special trust

107-18   fund in the custody of the comptroller [state treasurer] separate

107-19   and apart from all public money or funds of this state.  The fund

107-20   is composed of:

107-21               (1)  money transferred into the fund under Section

107-22   204.123, Labor Code [9e, Texas Unemployment Compensation Act

107-23   (Article 5221b-1 et seq., Vernon's Texas Civil Statutes)];

107-24               (2)  gifts, grants, and other donations received by the

107-25   department for the fund; and

107-26               (3)  any amounts appropriated by the legislature for

107-27   the program.

 108-1         SECTION 8.27.  Sections 481.193(f)-(i), Government Code, are

 108-2   amended to read as follows:

 108-3         (f)  After reviewing each linked deposit loan application,

 108-4   the executive director of the department shall recommend to the

 108-5   comptroller [state treasurer] the acceptance or rejection of the

 108-6   application.

 108-7         (g)  After the comptroller's [state treasurer's] acceptance

 108-8   of the application and the lending institution originates a loan to

 108-9   an eligible borrower, the comptroller [state treasurer] shall place

108-10   a linked deposit with the applicable eligible lending institution

108-11   for the period the comptroller [treasurer] considers appropriate.

108-12   The comptroller [state treasurer] may not place a deposit for a

108-13   period extending beyond the state fiscal biennium in which it is

108-14   placed.  Subject to the limitation described by Section 481.197,

108-15   the comptroller [treasurer] may place time deposits at an interest

108-16   rate described by Section 481.192, notwithstanding any order of the

108-17   State Depository Board to the contrary.

108-18         (h)  Before the placing of a linked deposit, the eligible

108-19   lending institution and the state, represented by the comptroller

108-20   [state treasurer] and the department, shall enter into a written

108-21   deposit agreement containing the conditions on which the linked

108-22   deposit is made.  The deposit agreement must provide that:

108-23               (1)  the lending institution notify the comptroller

108-24   [state treasurer] if the borrower to which the deposit is linked

108-25   defaults on the loan; and

108-26               (2)  in the event of a default the comptroller [state

108-27   treasurer] may withdraw the linked deposit.

 109-1         (i)  If a lending institution holding linked deposits ceases

 109-2   to be a state depository, the comptroller [state treasurer] may

 109-3   withdraw the linked deposits.

 109-4         SECTION 8.28.  Section 481.194(b), Government Code, is

 109-5   amended to read as follows:

 109-6         (b)  The department shall monitor compliance with this

 109-7   subchapter and inform the comptroller [state treasurer] of

 109-8   noncompliance on the part of an eligible lending institution.

 109-9         SECTION 8.29.  Section 481.226(a), Government Code, is

109-10   amended to read as follows:

109-11         (a)  The policy board may issue up to $25 million of general

109-12   obligation bonds and may use the proceeds of the bonds to provide

109-13   venture financing under this subchapter.  The policy board shall

109-14   deposit the proceeds of the bonds in the Texas product development

109-15   fund and apply them in accordance with the resolution authorizing

109-16   the bonds.  The fund and any accounts established in the fund shall

109-17   be held in trust by the comptroller [state treasurer] for and on

109-18   behalf of the department and the owners of the general obligation

109-19   bonds issued in accordance with this section, and may be used only

109-20   as provided by this section.  Pending use, the comptroller

109-21   [treasurer] may invest and reinvest money in the fund in

109-22   investments authorized by law for state funds that the comptroller

109-23   [treasurer], consistent with the policy board's resolutions

109-24   authorizing the bonds, considers appropriate.  Repayments of

109-25   financial assistance provided under this subchapter, together with

109-26   earnings received on investments of the product development funds,

109-27   shall be deposited first, in the interest and sinking account as

 110-1   prescribed by the policy board's resolutions authorizing bonds

 110-2   under this subchapter and second, in any reserve account

 110-3   established by the policy board until that account is fully funded

 110-4   as prescribed by the policy board's resolutions.  If, during the

 110-5   time any general obligation bonds are payable from the interest and

 110-6   sinking account, the policy board determines that there will not be

 110-7   sufficient money in the interest and sinking account during the

 110-8   following fiscal year to pay the principal of or interest on the

 110-9   general obligation bonds or both the principal and interest that

110-10   are to come due during the following fiscal year, the comptroller

110-11   [of public accounts] shall transfer to the fund the first money

110-12   coming into the state treasury not otherwise appropriated by the

110-13   constitution in an amount sufficient to pay the obligations.

110-14         SECTION 8.30.  Section 481.242(b), Government Code, is

110-15   amended to read as follows:

110-16         (b)  Money appropriated to the department, interest paid on

110-17   money in the fund, proceeds of bonds issued under this chapter,

110-18   application fees, guarantee fees, royalty receipts, dividend

110-19   income, loan repayments, and other amounts received by the state

110-20   for loans, loan guarantees, equity in investments, or grants made

110-21   under this subchapter, and any other money received by the

110-22   department under this chapter including federal funds and the

110-23   proceeds of any investment pools operated by the comptroller

110-24   [treasurer] shall be deposited to the credit of the fund.

110-25   Appropriated money in the fund may be applied and reapplied to the

110-26   purposes of this subchapter.

110-27         SECTION 8.31.  Section 481.244(a), Government Code, is

 111-1   amended to read as follows:

 111-2         (a)  The policy board may issue up to $20 million of general

 111-3   obligation bonds and may use the proceeds, less the costs of

 111-4   issuance of the bonds, to carry out the small business incubator

 111-5   program in accordance with the resolution authorizing the bonds.

 111-6   The policy board shall deposit the proceeds of the bonds in the

 111-7   small business incubator fund and apply them in accordance with the

 111-8   resolution authorizing the bonds.  The fund and any accounts

 111-9   established in the fund shall be held in trust by the comptroller

111-10   [state treasurer] for and on behalf of the department and the

111-11   owners of the general obligation bonds issued in accordance with

111-12   this section, and may be used only as provided by this subchapter.

111-13   Pending use, the comptroller [treasurer] may invest and reinvest

111-14   money in the fund in investments authorized by law for state funds

111-15   that the comptroller [treasurer], consistent with the policy

111-16   board's resolutions authorizing the bonds, considers appropriate.

111-17   Repayments of financial assistance provided under this subchapter,

111-18   together with earnings received on investments of the fund, shall

111-19   be deposited first, in the interest and sinking account as

111-20   prescribed by the policy board's resolutions authorizing bonds

111-21   under this article and second, in any reserve account established

111-22   by the policy board until that account is fully funded as

111-23   prescribed by the policy board's resolutions.  If, during the time

111-24   any general obligation bonds are payable from the interest and

111-25   sinking account, the policy board determines that there will not be

111-26   sufficient money in the interest and sinking account during the

111-27   following fiscal year to pay the principal of or interest on the

 112-1   general obligation bonds or both the principal and interest that

 112-2   are to come due during the following fiscal year, the comptroller

 112-3   [of public accounts] shall transfer to the fund the first money

 112-4   coming into the state treasury not otherwise appropriated by the

 112-5   constitution in an amount sufficient to pay the obligations.

 112-6         SECTION 8.32.  Section 481.275(a), Government Code, is

 112-7   amended to read as follows:

 112-8         (a)  The Texas art indemnity fund is a fund outside the state

 112-9   treasury.  The comptroller [state treasurer] shall be trustee of

112-10   the fund as provided by Section 404.073.  The fund consists of

112-11   contributions made for the purposes of this subchapter.  Money in

112-12   the fund may be used only for payment of indemnity claims as

112-13   provided by this subchapter.

112-14         SECTION 8.33.  Section 497.033(d), Government Code, is

112-15   amended to read as follows:

112-16         (d)  The institutional division shall deposit funds received

112-17   from the sale of articles and products produced under this

112-18   subchapter with the comptroller [state treasurer] to be maintained

112-19   in the industrial revolving fund.

112-20         SECTION 8.34.  Sections 501.014(c) and (d), Government Code,

112-21   are amended to read as follows:

112-22         (c)  If money is unclaimed two years after the institutional

112-23   division gives or attempts to give notice under Subsection (b), or

112-24   two years after the date of the death of an inmate whose

112-25   beneficiary or nearest relative is unknown, the director of the

112-26   institutional division shall make an affidavit stating that the

112-27   money is unclaimed and send the affidavit and money to the

 113-1   comptroller [state treasurer].

 113-2         (d)  Money forfeited to the comptroller [state treasurer]

 113-3   under Subsection (c) escheats to the state.

 113-4         SECTION 8.35.  Sections 501.015(d) and (e), Government Code,

 113-5   are amended to read as follows:

 113-6         (d)  The director of the institutional division shall provide

 113-7   the comptroller [state treasurer] with funds sufficient to maintain

 113-8   not less than $100,000 in a bank or banks in Huntsville, Texas, for

 113-9   the purpose of making prompt payments to inmates required by

113-10   Subsection (b).  Funds maintained in a bank under this subsection

113-11   must be secured by bonds or other securities approved by the

113-12   attorney general.

113-13         (e)  A bank that maintains funds described by Subsection (b)

113-14   shall make a weekly report to the comptroller [state treasurer] on

113-15   the condition of the funds.

113-16         SECTION 8.36.  Section 571.030(c), Government Code, is

113-17   amended to read as follows:

113-18         (c)  At the request of the commission, the comptroller [state

113-19   treasurer] shall transfer funds to the commission under Section

113-20   74.602(b)(2), Property Code.

113-21         SECTION 8.37.  Section 601.007, Government Code, is amended

113-22   to read as follows:

113-23         Sec. 601.007.  EVIDENCE OF QUALIFICATION FOR OFFICE.  On

113-24   demand of a citizen of this state, the comptroller, [the

113-25   treasurer,] a commissioners court, a county treasurer, or any other

113-26   officer of the state or of a municipality who is authorized by law

113-27   to make, order, or audit payment to an officer of the state, of a

 114-1   county, or of a municipality of compensation, fees, or perquisites

 114-2   for official services shall, before making, ordering, or auditing

 114-3   the payment, require the officer to produce:

 114-4               (1)  the certificate of election or of appointment to

 114-5   the office that is required by law to be issued to the officer; or

 114-6               (2)  a certified copy of the judgment or decree that:

 114-7                     (A)  was issued by a court of competent

 114-8   jurisdiction; and

 114-9                     (B)  determined the officer's claim to the

114-10   office.

114-11         SECTION 8.38.  Section 603.002, Government Code, is amended

114-12   to read as follows:

114-13         Sec. 603.002.  COPIES OF DOCUMENTS AVAILABLE TO PUBLIC.  The

114-14   secretary of state, Commissioner of the General Land Office,

114-15   comptroller, [state treasurer,] commissioner of agriculture,

114-16   Banking Commissioner, state librarian, or attorney general:

114-17               (1)  shall furnish to a person on request a certified

114-18   copy, under seal, of any document in the officer's office that is

114-19   available under law to that person; and

114-20               (2)  may not demand or collect a fee from an officer of

114-21   the state for a copy of any document in the respective offices or

114-22   for a certificate in relation to a matter in the respective offices

114-23   if the copy is required in the performance of an official duty of

114-24   the office of the state officer requesting the copy.

114-25         SECTION 8.39.  Section 606.029(c), Government Code, is

114-26   amended to read as follows:

114-27         (c)  The retirement system may direct the comptroller [or the

 115-1   state treasurer] to deduct a delinquent payment and interest from

 115-2   funds payable by the state to the delinquent political subdivision

 115-3   that are expressly subject to deduction.  The comptroller [or the

 115-4   state treasurer] shall send to the retirement system in trust the

 115-5   amount deducted for the contribution of the delinquent political

 115-6   subdivision.

 115-7         SECTION 8.40.  Sections 606.030(a) and (f), Government Code,

 115-8   are amended to read as follows:

 115-9         (a)  The social security administration fund is outside the

115-10   treasury.  The comptroller [state treasurer] is the custodian of

115-11   the fund and shall administer the fund separately from other funds

115-12   as directed by the retirement system.  Credits of money in the fund

115-13   are not state funds or subject to legislative appropriation.

115-14         (f)  The retirement system, at the end of each fiscal year,

115-15   shall pay from the social security administration fund to the

115-16   comptroller [state treasurer] for deposit in the general revenue

115-17   fund at least 10 percent of the contributions collected for

115-18   administrative expenses in the preceding year.  Payment under this

115-19   subsection may continue only until the amount appropriated to the

115-20   retirement system from the state for administering this subchapter

115-21   has been reimbursed in full.

115-22         SECTION 8.41.  Section 608.007, Government Code, is amended

115-23   to read as follows:

115-24         Sec. 608.007.  TRUST ACCOUNT.  (a)  A department

115-25   administrator shall deposit a warrant issued under Section

115-26   608.005(a) with the comptroller [state treasurer] to be held in

115-27   trust by the comptroller [treasurer] until disbursed by the

 116-1   department administrator to purchase savings bonds for an

 116-2   individual designated in an authorization under Section 608.002

 116-3   filed with the department administrator.

 116-4         (b)  A disbursing officer shall deposit a warrant issued

 116-5   under Section 608.005(b) with the comptroller [treasurer] of the

 116-6   political subdivision to be held in trust by the comptroller

 116-7   [treasurer] until disbursed by the disbursing officer to purchase

 116-8   savings bonds for an individual designated in an authorization

 116-9   under Section 608.002 filed with the disbursing officer.

116-10         (c)  A warrant held in trust under this section shall be

116-11   deposited in an account designated as the savings bond payroll

116-12   savings account.  The comptroller [treasurer] shall pay out money

116-13   deposited in the account on proper warrants drawn by the department

116-14   administrator or disbursing officer, as appropriate.

116-15         SECTION 8.42.  Section 653.004(c), Government Code, is

116-16   amended to read as follows:

116-17         (c)  The head of a state agency, other than the comptroller

116-18   [or the state treasurer], may contract for specific excess

116-19   indemnity coverage in addition to a blanket bond.  The comptroller

116-20   [or the state treasurer] may contract for:

116-21               (1)  specific excess indemnity coverage in addition to

116-22   an honesty blanket position bond or to a position schedule honesty

116-23   bond; and

116-24               (2)  a faithful performance blanket position bond.

116-25         SECTION 8.43.  Sections 659.083(a) and (b), Government Code,

116-26   are amended to read as follows:

116-27         (a)  Except as provided by Subsection (b), the comptroller

 117-1   [treasurer] may not pay the salary of a state officer or employee

 117-2   before the first working day of the month following the payroll

 117-3   period.

 117-4         (b)  The comptroller [treasurer] shall pay an employee who is

 117-5   paid twice a month under Section 659.082 on:

 117-6               (1)  the first working day of the month following the

 117-7   payroll period that covers the last half of the preceding month;

 117-8   and

 117-9               (2)  the 15th day of the month or the first working day

117-10   after the 15th for the payroll period that covers the first half of

117-11   the month.

117-12         SECTION 8.44.  Section 663.052(a), Government Code, is

117-13   amended to read as follows:

117-14         (a)  The board is composed of:

117-15               (1)  the governor;

117-16               (2)  the lieutenant governor;

117-17               (3)  the attorney general;

117-18               (4)  [the state treasurer;]

117-19               [(5)]  the comptroller; and

117-20               (5) [(6)]  the commissioner of the General Land Office.

117-21         SECTION 8.45.  Section 815.207, Government Code, is amended

117-22   to read as follows:

117-23         Sec. 815.207.  COMPTROLLER [STATE TREASURER].  (a)  Except as

117-24   provided by Section 815.302 or 815.303, the comptroller [state

117-25   treasurer] is the custodian of the securities, bonds, and funds of

117-26   the retirement system.

117-27         (b)  The comptroller [state treasurer] shall pay money from

 118-1   the funds of the retirement system on warrants drawn by the

 118-2   comptroller supported only on vouchers signed by the executive

 118-3   director and the chairman of the board of trustees or their

 118-4   authorized representatives.

 118-5         (c)  The comptroller [state treasurer] annually shall furnish

 118-6   to the board of trustees a sworn statement of the amount of the

 118-7   retirement system's assets in the comptroller's [treasurer's]

 118-8   custody.

 118-9         (d)  The board of trustees may, in the exercise of its

118-10   constitutional discretion to manage the assets of the retirement

118-11   system, select one or more commercial banks, depository trust

118-12   companies, or other entities to serve as custodian of all or part

118-13   of the retirement system's assets.

118-14         SECTION 8.46.  Section 815.209(a), Government Code, is

118-15   amended to read as follows:

118-16         (a)  The comptroller [state treasurer] shall give a surety

118-17   bond in the amount of $50,000.

118-18         SECTION 8.47.  Section 815.308(b), Government Code, is

118-19   amended to read as follows:

118-20         (b)  The amount of cash on hand may not exceed 10 percent of

118-21   the total amount in the funds of the retirement system on deposit

118-22   with the comptroller [state treasurer], excluding the assets of the

118-23   law enforcement and custodial officer supplemental retirement fund.

118-24         SECTION 8.48.  Section 815.310(a), Government Code, is

118-25   amended to read as follows:

118-26         (a)  A trust fund for the Employees Retirement System of

118-27   Texas is established with the comptroller [state treasurer].

 119-1         SECTION 8.49.  Section 815.402(e), Government Code, is

 119-2   amended to read as follows:

 119-3         (e)  The retirement system shall record all receipts of

 119-4   member contributions and shall deliver the receipts to the

 119-5   comptroller [state treasurer].  The comptroller [state treasurer]

 119-6   shall credit the receipts to the employees saving account.

 119-7         SECTION 8.50.  Sections 815.403(d) and (e), Government Code,

 119-8   are amended to read as follows:

 119-9         (d)  Before September 1 of each year, the retirement system

119-10   shall certify to the state comptroller of public accounts [and to

119-11   the state treasurer]:

119-12               (1)  an estimate of the amount necessary to pay the

119-13   state's contribution under Subsection (a)(1) for the following

119-14   fiscal year;

119-15               (2)  an estimate of the amount necessary to pay

119-16   membership fees for the following fiscal year, if the legislature

119-17   has appropriated money for that purpose; and

119-18               (3)  an estimate of the amount required to pay lump-sum

119-19   death benefits for retirees under Section 814.501 for the following

119-20   fiscal year.

119-21         (e)  All money allocated and appropriated by the state to the

119-22   retirement system for benefits provided by the retirement system,

119-23   except money for the payment of lump-sum death benefits and for the

119-24   payment of benefits from the law enforcement and custodial officer

119-25   supplemental retirement fund, shall be paid, based on the annual

119-26   estimate of the retirement system, in monthly installments to the

119-27   state accumulation fund.  The money required for state

 120-1   contributions and membership fees shall be from respective funds

 120-2   appropriated to pay the compensation of the member for whose

 120-3   benefit the contribution or fee is paid.  If the total of the

 120-4   estimated required payments is not equal to the total of the actual

 120-5   payments required for a fiscal year, the retirement system shall

 120-6   certify to the state comptroller of public accounts [and the state

 120-7   treasurer] at the end of that year the amount required for

 120-8   necessary adjustments, and the comptroller [state treasurer] shall

 120-9   make the required adjustments.

120-10         SECTION 8.51.  Section 825.207, Government Code, is amended

120-11   to read as follows:

120-12         Sec. 825.207.  COMPTROLLER [STATE TREASURER].  (a)  Except as

120-13   provided by Section 825.302 or 825.303 or by Subsection (e) of this

120-14   section, the comptroller [state treasurer] is the custodian of all

120-15   securities and cash of the retirement system, including securities

120-16   held in the name of a nominee of the retirement system.

120-17         (b)  The comptroller [state treasurer] shall pay money from

120-18   the accounts of the retirement system on warrants drawn by the

120-19   comptroller [of public accounts] and authorized by vouchers signed

120-20   by the executive director or other persons designated by the board

120-21   of trustees.

120-22         (c)  The comptroller [state treasurer] annually shall furnish

120-23   to the board of trustees a sworn statement of the amount of the

120-24   retirement system's assets in the comptroller's [treasurer's]

120-25   custody.

120-26         (d)  The comptroller [state treasurer] is not responsible,

120-27   under either civil or criminal law, for any action or losses with

 121-1   respect to assets of the retirement system while the assets are in

 121-2   the custody of a commercial bank as provided by Section 825.302 or

 121-3   825.303 or by Subsection (e) of this section.

 121-4         (e)  The board of trustees may, in the exercise of its

 121-5   constitutional discretion to manage the assets of the retirement

 121-6   system, select one or more commercial banks, depository trust

 121-7   companies, or other entities to serve as custodian or custodians of

 121-8   all or part of the retirement system's assets.

 121-9         SECTION 8.52.  Section 825.209(a), Government Code, is

121-10   amended to read as follows:

121-11         (a)  The comptroller [state treasurer] shall give a surety

121-12   bond in the amount of $50,000.

121-13         SECTION 8.53.  Section 825.305, Government Code, is amended

121-14   to read as follows:

121-15         Sec. 825.305.  AVAILABLE CASH.  The board of trustees may

121-16   keep on deposit with the comptroller [state treasurer] available

121-17   cash not exceeding 10 percent of the total assets of the retirement

121-18   system, to pay annuity and other disbursements.

121-19         SECTION 8.54.  Sections 825.403(c) and (d), Government Code,

121-20   are amended to read as follows:

121-21         (c)  The executive director shall deposit with the

121-22   comptroller [state treasurer] all deductions received by the

121-23   executive director.

121-24         (d)  After the deductions are deposited with the comptroller

121-25   [state treasurer], the money shall be used as provided by this

121-26   subtitle.

121-27         SECTION 8.55.  Section 825.406(g), Government Code, is

 122-1   amended to read as follows:

 122-2         (g)  An employer who fails to comply with this section may

 122-3   not, after the failure, apply for or spend any money from a federal

 122-4   or private grant.  The retirement system shall report alleged

 122-5   noncompliance to the attorney general, [the state treasurer,] the

 122-6   Legislative Budget Board, the comptroller of public accounts, and

 122-7   the governor.  The attorney general shall bring a writ of mandamus

 122-8   against the employer to compel compliance with this section.

 122-9         SECTION 8.56.  Sections 840.103(d) and (e), Government Code,

122-10   are amended to read as follows:

122-11         (d)  Before September 1 of each year, the retirement system

122-12   shall certify to the state comptroller of public accounts [and to

122-13   the state treasurer] an estimate of the amount necessary to pay the

122-14   state's contribution under Subsection (a) for the following fiscal

122-15   year.

122-16         (e)  All money allocated and appropriated by the state to the

122-17   retirement system for benefits provided by the retirement system

122-18   shall be paid, based on the annual estimate of the retirement

122-19   system, in monthly installments to the retirement system.  The

122-20   money required for state contributions shall be from money

122-21   appropriated to pay the compensation of the member for whose

122-22   benefit the contribution or fee is paid.  If the total of the

122-23   estimated required payments is not equal to the total of the actual

122-24   payments required for a fiscal year, the retirement system shall

122-25   certify to the state comptroller of public accounts [and the state

122-26   treasurer] at the end of that year the amount required for

122-27   necessary adjustments, and the comptroller [state treasurer] shall

 123-1   make the required adjustments.

 123-2         SECTION 8.57.  Section 840.206, Government Code, is amended

 123-3   to read as follows:

 123-4         Sec. 840.206.  COMPTROLLER [STATE TREASURER].  (a)  The

 123-5   comptroller [state treasurer] is the custodian of the securities,

 123-6   bonds, and funds of the retirement system, except as provided by

 123-7   Section 840.3011 or 840.3012 of this subtitle.

 123-8         (b)  The comptroller [state treasurer] shall pay money from

 123-9   the trust fund of the retirement system on warrants drawn by the

123-10   state comptroller [of public accounts] supported on vouchers signed

123-11   by the executive director and the chairman of the board of trustees

123-12   or their authorized representatives.

123-13         (c)  The comptroller [state treasurer] annually shall furnish

123-14   to the board of trustees a sworn statement of the amount of the

123-15   retirement system's assets in the comptroller's [treasurer's]

123-16   custody.

123-17         (d)  The board of trustees may, in the exercise of its

123-18   constitutional discretion to manage the funds of the retirement

123-19   system, select one or more commercial banks, depository trust

123-20   companies, or other entities to serve as custodian of all or part

123-21   of the retirement system's assets.

123-22         SECTION 8.58.  Section 840.208(a), Government Code, is

123-23   amended to read as follows:

123-24         (a)  The comptroller [state treasurer] shall give a surety

123-25   bond in the amount of $50,000.

123-26         SECTION 8.59.  Section 840.304(b), Government Code, is

123-27   amended to read as follows:

 124-1         (b)  The amount of cash on hand may not exceed 10 percent of

 124-2   the total amount in the funds of the retirement system on deposit

 124-3   with the comptroller [state treasurer].

 124-4         SECTION 8.60.  Section 2054.007(b), Government Code, is

 124-5   amended to read as follows:

 124-6         (b)  The electronic funds transfer system for the operation

 124-7   of the state lottery is not included in the agency strategic plan

 124-8   or biennial operating plan of the comptroller [state treasurer].

 124-9   Operations of the comptroller [state treasurer] that relate to the

124-10   state lottery are not subject to the planning and procurement

124-11   requirements of this chapter.

124-12         SECTION 8.61.  Section 2101.011(a), Government Code, is

124-13   amended to read as follows:

124-14         (a)  A state agency shall submit the financial information

124-15   requested by the comptroller, including information about state

124-16   funds held outside the state treasury, to:

124-17               (1)  the governor;

124-18               (2)  the comptroller;

124-19               (3)  [the state treasurer;]

124-20               [(4)]  the state auditor; and

124-21               (4) [(5)]  the Legislative Budget Board.

124-22         SECTION 8.62.  Section 2101.032(b), Government Code, is

124-23   amended to read as follows:

124-24         (b)  The committee is composed of:

124-25               (1)  the comptroller;

124-26               (2)  the governor;

124-27               (3)  the lieutenant governor;

 125-1               (4)  the speaker of the house of representatives;

 125-2               (5)  [the state treasurer;]

 125-3               [(6)]  the executive director of the Department of

 125-4   Information Resources;

 125-5               (6) [(7)]  the state auditor; and

 125-6               (7) [(8)]  eight appointees of the governor, including:

 125-7                     (A)  an employee of the Legislative Budget Board;

 125-8   and

 125-9                     (B)  one individual each with experience in the

125-10   following areas:  education, natural resources, criminal justice,

125-11   human services, business regulation, and employee benefits.

125-12         SECTION 8.63.  Section 2106.006(a), Government Code, is

125-13   amended to read as follows:

125-14         (a)  A state agency that receives federal money for federally

125-15   reimbursable indirect costs shall send to the comptroller [state

125-16   treasurer] for deposit to the credit of the general revenue fund

125-17   the lesser of:

125-18               (1)  the amount received for federally reimbursable

125-19   indirect costs; or

125-20               (2)  the amount allocated to the agency in the

125-21   governor's statewide cost allocation plan for the cost of providing

125-22   statewide support services to the agency.

125-23         SECTION 8.64.  Section 2108.003(a), Government Code, is

125-24   amended to read as follows:

125-25         (a)  The commission is composed of:

125-26               (1)  the governor;

125-27               (2)  the lieutenant governor;

 126-1               (3)  the comptroller;

 126-2               (4)  [the state treasurer;]

 126-3               [(5)]  the agency administrator of the Texas Employment

 126-4   Commission;

 126-5               (5) [(6)]  the chairman of the Texas Higher Education

 126-6   Coordinating Board or the chairman's designee; and

 126-7               (6) [(7)]  three public members appointed by the

 126-8   governor who have experience in the administration of bonus,

 126-9   incentive, or related programs used in private industry.

126-10         SECTION 8.65.  Section 2108.109(b), Government Code, is

126-11   amended to read as follows:

126-12         (b)  The comptroller [state treasurer] shall create in the

126-13   productivity bonus fund a productivity bonus account for each state

126-14   agency or division participating in the productivity bonus program

126-15   and an account for the commission.

126-16         SECTION 8.66.  Section 2162.103(a), Government Code, is

126-17   amended to read as follows:

126-18         (a)  In comparing the cost of providing a service, the

126-19   council shall consider the:

126-20               (1)  cost of supervising the work of a private

126-21   contractor; and

126-22               (2)  cost of a state agency's performance of the

126-23   service, including:

126-24                     (A)  the costs of the comptroller, [treasurer,]

126-25   attorney general, and other support agencies; and

126-26                     (B)  other indirect costs related to the agency's

126-27   performance of the service.

 127-1         SECTION 8.67.  Section 2256.053, Government Code, is amended

 127-2   to read as follows:

 127-3         Sec. 2256.053.  PAYMENT FOR SECURITIES PURCHASED BY STATE.

 127-4   The comptroller[, the state treasurer,] or the disbursing officer

 127-5   of an agency that has the power to invest assets directly may pay

 127-6   for authorized securities purchased from or through a member in

 127-7   good standing of the National Association of Securities Dealers or

 127-8   from or through a national or state bank on receiving an invoice

 127-9   from the seller of the securities showing that the securities have

127-10   been purchased by the board or agency and that the amount to be

127-11   paid for the securities is just, due, and unpaid.  A purchase of

127-12   securities may not be made at a price that exceeds the existing

127-13   market value of the securities.

127-14         SECTION 8.68.  Section 2256.054, Government Code, is amended

127-15   to read as follows:

127-16         Sec. 2256.054.  DELIVERY OF SECURITIES PURCHASED BY STATE.  A

127-17   security purchased under this chapter may be delivered to the

127-18   comptroller [state treasurer], a bank, or the board or agency

127-19   investing its funds.  The delivery shall be made under normal and

127-20   recognized practices in the securities and banking industries,

127-21   including the book entry procedure of the Federal Reserve Bank.

127-22         SECTION 8.69.  Section 2256.055, Government Code, is amended

127-23   to read as follows:

127-24         Sec. 2256.055.  DEPOSIT OF SECURITIES PURCHASED BY STATE.  At

127-25   the direction of the comptroller [state treasurer] or the agency, a

127-26   security purchased under this chapter may be deposited in trust

127-27   with a bank or federal reserve bank or branch designated by the

 128-1   comptroller [treasurer], whether in or outside the state.  The

 128-2   deposit shall be held in the entity's name as evidenced by a trust

 128-3   receipt of the bank with which the securities are deposited.

 128-4         SECTION 8.70.  Section 2257.002(4), Government Code, is

 128-5   amended to read as follows:

 128-6               (4)  "Deposit of public funds" means public funds of a

 128-7   public entity that:

 128-8                     (A)  the comptroller [state treasurer] does not

 128-9   manage under Chapter 404; and

128-10                     (B)  are held as a demand or time deposit by a

128-11   depository institution expressly authorized by law to accept a

128-12   public entity's demand or time deposit.

128-13         SECTION 8.71.  Section 2303.503(b), Government Code, is

128-14   amended to read as follows:

128-15         (b)  The comptroller [state treasurer] may and is encouraged

128-16   to deposit state money in financial institutions located or doing

128-17   business in enterprise zones.

128-18         SECTION 8.72.  Section 2304.024, Government Code, is amended

128-19   to read as follows:

128-20         Sec. 2304.024.  INVESTMENT AND DISBURSEMENT OF FUND.  The

128-21   comptroller [state treasurer] shall invest and disburse the money

128-22   credited to the fund on the written authorization of the executive

128-23   director of the department.

128-24         SECTION 8.73.  Section 2304.066(a), Government Code, is

128-25   amended to read as follows:

128-26         (a)  The executive director of the department shall authorize

128-27   the comptroller [state treasurer] to disburse to a local government

 129-1   from the housing rehabilitation loan fund the amount of a housing

 129-2   rehabilitation loan approved by the local government under this

 129-3   chapter if the department receives from the local government a

 129-4   notice of the local government's approval of the loan.

 129-5         SECTION 8.74.  Section 2305.024, Government Code, is amended

 129-6   to read as follows:

 129-7         Sec. 2305.024.  INVESTMENT OF MONEY AND DEPOSIT OF INTEREST.

 129-8   (a)  The comptroller [state treasurer] may invest unobligated money

 129-9   in the account in accordance with Subchapter C, Chapter 404.

129-10         (b)  The comptroller [state treasurer] shall deposit to the

129-11   credit of the account all interest or other income received from

129-12   the investment of the money.

129-13         SECTION 8.75.  Section 2306.207(a), Government Code, is

129-14   amended to read as follows:

129-15         (a)  The housing finance division may create a reserve fund

129-16   with the comptroller [state treasurer] out of:

129-17               (1)  proceeds from the sale of the division's bonds; or

129-18               (2)  other resources.

129-19         SECTION 8.76.  Section 2306.452, Government Code, is amended

129-20   to read as follows:

129-21         Sec. 2306.452.  PAYMENT ENFORCEABLE BY MANDAMUS.  A writ of

129-22   mandamus and any other legal or equitable remedy are available to a

129-23   party in interest to require the department, the comptroller

129-24   [treasurer], or another party to carry out an agreement or to

129-25   perform a function or duty under:

129-26               (1)  this chapter;

129-27               (2)  the Texas Constitution; or

 130-1               (3)  the department's bond resolutions.

 130-2         SECTION 8.77.  Section 2309.021(a), Government Code, is

 130-3   amended to read as follows:

 130-4         (a)  The Texas home port trust fund is administered by the

 130-5   comptroller [state treasurer] and may be paid only on written

 130-6   authorization of the governor.

 130-7               ARTICLE 9.  CHANGES TO HUMAN RESOURCES CODE

 130-8         SECTION 9.01.  Section 22.005(f), Human Resources Code, is

 130-9   amended to read as follows:

130-10         (f)  The comptroller [state treasurer] is the designated

130-11   custodian of all funds administered by the department and received

130-12   by the state from the federal government or any other source for

130-13   the purpose of implementing the provisions of the Social Security

130-14   Act.  The comptroller [treasurer] may receive the funds, pay them

130-15   into the proper fund or account of the general fund of the state

130-16   treasury, provide for the proper custody of the funds, and make

130-17   disbursements of the funds on the order of the department and on

130-18   warrant of the comptroller.

130-19         SECTION 9.02.  Section 50.005(b), Human Resources Code, is

130-20   amended to read as follows:

130-21         (b)  The comptroller shall, on requisition of the department,

130-22   draw warrants from time to time [on the State Treasurer] for the

130-23   amount specified in the requisition, not exceeding the amount in

130-24   the fund at the time the requisition is made.  However, all money

130-25   expended in the administration, implementation, or enforcement of

130-26   this chapter shall be specified and determined by itemized

130-27   appropriation in the General Appropriations Act for the department

 131-1   and not otherwise.

 131-2         SECTION 9.03.  Sections 91.056(a) and (c), Human Resources

 131-3   Code, are amended to read as follows:

 131-4         (a)  The comptroller [state treasurer] is custodian of

 131-5   federal funds received by the state to implement federal law

 131-6   relating to vocational rehabilitation.

 131-7         (c)  The comptroller [treasurer] shall disburse state and

 131-8   federal vocational rehabilitation funds on certification by the

 131-9   executive director.

131-10             ARTICLE 10.  CHANGES TO HEALTH AND SAFETY CODE

131-11         SECTION 10.01.  Section 42.011(c), Health and Safety Code, is

131-12   amended to read as follows:

131-13         (c)  The comptroller [state treasurer] may receive all money

131-14   appropriated by congress and allotted to this state for carrying

131-15   out this chapter or agreements or plans authorized by this chapter.

131-16         SECTION 10.02.  Section 224.0245, Health and Safety Code, is

131-17   amended to read as follows:

131-18         Sec. 224.0245.  OFFICIAL CUSTODIAN.  The comptroller [state

131-19   treasurer] is the official custodian of the minutes, books,

131-20   records, and seal of the financing council.

131-21         SECTION 10.03.  Section 224.027, Health and Safety Code, is

131-22   amended to read as follows:

131-23         Sec. 224.027.  SUPPORT STAFF.  The office of the comptroller

131-24   [state treasurer] shall provide staff and other support necessary

131-25   to carry out the duties and powers of the financing council.

131-26         SECTION 10.04.  Section 242.096(a), Health and Safety Code,

131-27   is amended to read as follows:

 132-1         (a)  The nursing and convalescent home trust fund is with the

 132-2   comptroller [state treasurer] and shall be made available to the

 132-3   department for expenditures without legislative appropriation to

 132-4   make emergency assistance funds available to a home.

 132-5         SECTION 10.05.  Section 361.133(b), Health and Safety Code,

 132-6   is amended to read as follows:

 132-7         (b)  The fund consists of money collected by the commission

 132-8   from:

 132-9               (1)  fees imposed on the owner or operator of an

132-10   industrial solid waste or hazardous waste facility for commercial

132-11   and noncommercial management or disposal of hazardous waste or

132-12   commercial disposal of industrial solid waste under Section 361.136

132-13   and fees imposed under Section 361.138;

132-14               (2)  interest and penalties imposed under Section

132-15   361.140 for late payment of a fee or late filing of a report;

132-16               (3)  money paid by a person liable for facility cleanup

132-17   and maintenance under Section 361.197;

132-18               (4)  the interest received from the investment of this

132-19   fund, in accounts under the charge of the comptroller [treasurer],

132-20   to be credited pro rata to the hazardous and solid waste

132-21   remediation fee fund;

132-22               (5)  monies transferred from other agencies under

132-23   provisions of this code or grants or other payments from any person

132-24   made for the purpose of remediation of facilities under this

132-25   chapter or the investigation, cleanup, or removal of a spill or

132-26   release of a hazardous substance;

132-27               (6)  fees imposed under Section 361.604; and

 133-1               (7)  federal grants received for the implementation or

 133-2   administration of state voluntary cleanup programs.

 133-3         SECTION 10.06.  Section 402.294(d), Health and Safety Code,

 133-4   is amended to read as follows:

 133-5         (d)  The board may authorize the comptroller [state

 133-6   treasurer] to invest the money in a fund established under

 133-7   Subsection (b) in investments allowed by law for state funds.

 133-8   Money earned on those investments shall be deposited to the credit

 133-9   of that fund.

133-10         SECTION 10.07.  Section 467.0041(c), Health and Safety Code,

133-11   is amended to read as follows:

133-12         (c)  The board may collect a fee of not more than $50 each

133-13   month from a participant in an approved peer assistance program.

133-14   Fees collected under this subsection shall be remitted to the

133-15   comptroller [state treasurer] for deposit to the credit of the

133-16   dental registration account.

133-17                 ARTICLE 11.  CHANGES TO INSURANCE CODE

133-18         SECTION 11.01.  Section 17, Article 1.10, Insurance Code, is

133-19   amended to read as follows:

133-20         17.  Voluntary Deposits.  (a)  In the event any insurance

133-21   company organized and doing business under the provisions of this

133-22   Code shall be required by any other state, country or province as a

133-23   requirement for permission to do an insurance business therein to

133-24   make or maintain a deposit with an officer of any state, country,

133-25   or province, such company, at its discretion, may voluntarily

133-26   deposit with the Comptroller [State Treasurer] such securities as

133-27   may be approved by the Commissioner of Insurance to be of the type

 134-1   and character authorized by law to be legal investments for such

 134-2   company, or cash, in any amount sufficient to enable it to meet

 134-3   such requirements.  The Comptroller [State Treasurer] is hereby

 134-4   authorized and directed to receive such deposit and hold it

 134-5   exclusively for the protection of all policyholders or creditors of

 134-6   the company wherever they may be located, or for the protection of

 134-7   the policyholders or creditors of a particular state, country or

 134-8   province, as may be designated by such company at the time of

 134-9   making such deposit.  The company may, at its option, withdraw such

134-10   deposit or any part thereof, first having deposited with the

134-11   Comptroller [Treasurer], in lieu thereof, other securities of like

134-12   class and of equal amount and value to those withdrawn, which

134-13   withdrawal and substitution must be approved by the Commissioner of

134-14   Insurance.  The proper officer of each insurance company making

134-15   such deposit shall be permitted at all reasonable times to examine

134-16   such securities and to detach coupons therefrom, and to collect

134-17   interest thereon, under such reasonable rules and regulations as

134-18   may be prescribed by the Comptroller [State Treasurer] and the

134-19   Commissioner of Insurance.  Any deposit so made for the protection

134-20   of policyholders or creditors of a particular state, country or

134-21   province shall not be withdrawn, except by substitution as provided

134-22   above, by the company, except upon filing with the Commissioner of

134-23   Insurance evidence satisfactory to him that the company has

134-24   withdrawn from business, and has no unsecured liabilities

134-25   outstanding or potential policyholder liabilities or obligations in

134-26   such other state, country or province requiring such deposit, and

134-27   upon the filing of such evidence the company may withdraw such

 135-1   deposit at any time upon the approval of the Commissioner of

 135-2   Insurance.  Any deposit so made for the protection of all

 135-3   policyholders or creditors wherever they may be located shall not

 135-4   be withdrawn, except by substitution as provided above, by the

 135-5   company except upon filing with the Commissioner of Insurance

 135-6   evidence satisfactory to him that the company does not have any

 135-7   unsecured liabilities outstanding or potential policy liabilities

 135-8   or obligations anywhere, and upon filing such evidence the company

 135-9   may withdraw such deposit upon the approval of the Commissioner of

135-10   Insurance.  For the purpose of state, county and municipal

135-11   taxation, the situs of any securities deposited with the

135-12   Comptroller [State Treasurer] hereunder shall be in the city and

135-13   county where the principal business office of such company is fixed

135-14   by its charter.

135-15         (b)  Any voluntary deposit held by the Comptroller [State

135-16   Treasurer] or the Department heretofore made by any insurance

135-17   company in this State, and which deposit was made for the purpose

135-18   of gaining admission to another state, may be considered, at the

135-19   option of such company, to be hereinafter held under the provisions

135-20   of this Act.

135-21         (c)  When two or more companies merge or consolidate or enter

135-22   a total reinsurance contract by which the ceding company is

135-23   dissolved and its assets acquired and liabilities assumed by the

135-24   surviving company, and the companies have on deposit with the

135-25   Comptroller [State Treasurer] two or more deposits made for

135-26   identical purposes under this section or Article 4739, Revised

135-27   Statutes, as amended, and now repealed, all such deposits, except

 136-1   the deposit of greatest amount and value, may be withdrawn by the

 136-2   new surviving or reinsuring company, upon proper showing of

 136-3   duplication of such deposits and that the company is the owner

 136-4   thereof.

 136-5         (d)  Any company which has made a deposit or deposits under

 136-6   this section or Article 4739, Revised Statutes, as amended and now

 136-7   repealed, shall be entitled to a return of such deposits upon

 136-8   proper application therefor and a showing before the Commissioner

 136-9   that such deposit or deposits are no longer required under the laws

136-10   of any state, country or province in which such company sought or

136-11   gained admission to do business upon the strength of a certificate

136-12   of such deposit.

136-13         (e)  Upon being furnished a certified copy of the

136-14   Commissioner's order issued under Subsection (c) or (d) above, the

136-15   Comptroller [Treasurer of the State of Texas] shall release,

136-16   transfer and deliver such deposit or deposits to the owner as

136-17   directed in said order.

136-18         SECTION 11.02.  Article 1.20, Insurance Code, is amended to

136-19   read as follows:

136-20         Art. 1.20.  TRANSFER OF SECURITIES BY BOARD.  No transfer by

136-21   the Board of securities of any kind, in any way held by it, shall

136-22   be valid unless countersigned by the comptroller [State Treasurer].

136-23         SECTION 11.03.  Article 1.21, Insurance Code, is amended to

136-24   read as follows:

136-25         Art. 1.21.  DUTY OF COMPTROLLER [STATE TREASURER].  It is the

136-26   duty of the comptroller [State Treasurer]:

136-27               1.  To countersign any such transfer presented to him

 137-1   by the Board.

 137-2               2.  To keep a record of all transfers, stating the name

 137-3   of the transferee, unless transferred in blank, and a description

 137-4   of the security.

 137-5               3.  Upon countersigning, to advise by mail the company

 137-6   concerned, the particulars of the transaction.

 137-7               4.  In his annual report to the Legislature to state

 137-8   the transfers and the amount thereof, countersigned by him.

 137-9         SECTION 11.04.  Article 1.22, Insurance Code, is amended to

137-10   read as follows:

137-11         Art. 1.22.  FREE ACCESS TO RECORDS.  To verify the

137-12   correctness of records, the Board shall be entitled to free access

137-13   to the comptroller's [Treasurer's] records, required by the

137-14   preceding article, and the comptroller [Treasurer] shall be

137-15   entitled to free access to the books and other documents of the

137-16   Insurance Department relating to securities held by the Board.

137-17         SECTION 11.05.  Section 4, Article 1.31A, Insurance Code, is

137-18   amended to read as follows:

137-19         Sec. 4.  Certain Money Included.  The money received from

137-20   sales, reimbursements, and other fees authorized by law other than

137-21   this code includes money received from the following:

137-22               (1)  fees received by the department for providing

137-23   copies of public records under Chapter 552, Government Code [424,

137-24   Acts of the 63rd Legislature, Regular Session, 1973, as amended

137-25   (Article 6252-17a, Vernon's Texas Civil Statutes)];

137-26               (2)  money or credits received by the department for

137-27   surplus or salvage property under Subchapters C and D, Chapter

 138-1   2175, Government Code [Sections 9.04 and 9.05, State Purchasing and

 138-2   General Services Act (Article 601b, Vernon's Texas Civil

 138-3   Statutes)];

 138-4               (3)  money received by the department from the sale of

 138-5   publications and other printed material under Sections 2052.301 and

 138-6   2052.302, Government Code [Chapter 248, Acts of the 55th

 138-7   Legislature, Regular Session, 1957 (Article 4413(33), Vernon's

 138-8   Texas Civil Statutes)];

 138-9               (4)  receipts to the department from miscellaneous

138-10   transactions and sources under Section 403.011 or 403.012,

138-11   Government Code, as amended;

138-12               (5)  money received by the department from charges for

138-13   postage spent to serve legal process under Section 17.025, Civil

138-14   Practice and Remedies Code;

138-15               (6)  [receipts to the department for furnishing

138-16   necessary and authorized special or technical services under

138-17   Chapter 741, Government Code as amended;]

138-18               [(7)]  receipts to the department from the comptroller

138-19   [State Treasurer] involving warrants for which payment is barred

138-20   under Chapter 404, Government Code, as amended;

138-21               (7) [(8)]  money received by the department from sales

138-22   or reimbursements authorized by the General Appropriations Act; and

138-23               (8) [(9)]  money received by the department from the

138-24   sale of any property purchased with money from the fund or a

138-25   predecessor fund.

138-26         SECTION 11.06.  Article 3.15, Insurance Code, is amended to

138-27   read as follows:

 139-1         Art. 3.15.  DEPOSIT OF SECURITIES IN AMOUNT OF CAPITAL STOCK.

 139-2   (a)  Any "domestic" company may, at its option, deposit with the

 139-3   comptroller [Treasurer of this State], securities in which its

 139-4   capital stock is invested, or securities equal in amount to its

 139-5   capital stock, of the class in which the law of this State permits

 139-6   such insurance companies to invest their capital stock, and may, at

 139-7   its option, withdraw the same or any part thereof, first having

 139-8   deposited with the comptroller [Treasurer], in lieu thereof, other

 139-9   securities of like class and equal amount and value to those

139-10   withdrawn.  Any such securities, before being so originally

139-11   deposited or substituted, shall be approved by the Board of

139-12   Insurance Commissioners.  When any such deposit is made, the

139-13   comptroller [Treasurer] shall execute to the company making such

139-14   deposit a receipt therefor, giving such description of said stock

139-15   or securities as will identify the same, and stating that the same

139-16   are held on deposit as the capital stock investments of such

139-17   company; and such company shall have the right to advertise such

139-18   fact or print a copy of the comptroller's [Treasurer's] receipt on

139-19   the policies it may issue; and the proper officer or agent of each

139-20   insurance company making such deposit shall be permitted at all

139-21   reasonable times to examine such securities and to detach coupons

139-22   therefrom, and to collect interest thereon, under such reasonable

139-23   rules and regulations as may be prescribed by the comptroller

139-24   [Treasurer] and the Board of Insurance Commissioners.  The deposit

139-25   herein provided for, when made by any company, shall thereafter be

139-26   maintained so long as said company shall have outstanding any

139-27   liability to its policyholders in this State.  For the purpose of

 140-1   state, county and municipal taxation, the situs of securities

 140-2   deposited with the comptroller [treasurer] by domestic insurance

 140-3   companies shall be in the city and county where the principal

 140-4   business office of such company is fixed by its charter.

 140-5         (b)  When two or more companies merge or consolidate or enter

 140-6   a total reinsurance contract by which the ceding company is

 140-7   dissolved and its assets acquired and liabilities assumed by the

 140-8   surviving company, and the companies have on deposit with the

 140-9   comptroller [State Treasurer] two or more deposits made under

140-10   Article 3.15 of the Texas Insurance Code, as amended, all such

140-11   deposits, except the deposit of greatest amount and value may be

140-12   withdrawn by the new, surviving or reinsuring company upon proper

140-13   showing before the Commissioner that the company is the owner

140-14   thereof.  The comptroller [Treasurer of the State of Texas] shall

140-15   release, transfer and deliver such deposit or deposits to the owner

140-16   as directed by order of the Commissioner.

140-17         SECTION 11.07.  Article 3.23, Insurance Code, is amended to

140-18   read as follows:

140-19         Art. 3.23.  ALIEN COMPANIES TO DEPOSIT.  (a)  No alien

140-20   insurance company shall transact business in this State, unless it

140-21   shall first deposit and keep deposited with the comptroller

140-22   [Treasurer of this State], for the benefit of the policyholders of

140-23   such company, citizens or residents of the United States, bonds or

140-24   securities of the United States or the State of Texas in an amount

140-25   at least equal to the minimum capital required to be maintained by

140-26   a domestic stock insurer licensed to transact the same kind of

140-27   insurance, or at least equal to one-half the minimum free surplus

 141-1   required to be maintained by a domestic mutual insurer licensed to

 141-2   transact the same kind of insurance.

 141-3         (b)  Upon approval of the commissioner in accordance with

 141-4   Article 3.27-1 of this subchapter, a licensed alien insurer may be

 141-5   permitted to deposit assets with a trustee or trustees for the

 141-6   security of its policyholders in the United States in lieu of

 141-7   making the deposit with the comptroller [Treasurer of this State]

 141-8   so long as such assets are composed of securities or bonds of the

 141-9   United States or this State and are maintained in accordance with

141-10   provisions of Article 3.27-1 of this code.

141-11         SECTION 11.08.  Article 3.25, Insurance Code, is amended to

141-12   read as follows:

141-13         Art. 3.25.  LAW DEEMED ACCEPTED.  Each life insurance company

141-14   not organized under the laws of this State, hereafter granted a

141-15   certificate of authority to transact business in this State, shall

141-16   be deemed to have accepted such certificate and to transact such

141-17   business hereunder subject to the conditions and requirements that,

141-18   after it shall cease to transact new business in this State under a

141-19   certificate of authority, and so long as it shall continue to

141-20   collect renewal premiums from citizens of this State, it shall be

141-21   subject to the payment of the same occupation tax in proportion to

141-22   its gross premiums during any year, from citizens of this State, as

141-23   is or may be imposed by law on such companies transacting new

141-24   business within this State, under certificates of authority during

141-25   such year.  The rate of such tax to be so paid by any such company

141-26   shall never exceed the rate imposed by law upon insurance companies

141-27   transacting business in this State.  Each such company shall make

 142-1   the same reports of its gross premium receipts for each such year

 142-2   and within the same period as is or may be required of such

 142-3   companies holding certificates of authority and shall at all times

 142-4   be subject to examination by the Board of Insurance Commissioners

 142-5   or some one selected by it for that purpose, in the same way and to

 142-6   the same extent as is or may be required of companies transacting

 142-7   new business under certificates of authority in this State, the

 142-8   expenses of such examination to be paid by the company examined.

 142-9   The respective duties of the Board in certifying to the amount of

142-10   such taxes and of the comptroller [State Treasurer] and Attorney

142-11   General in their collection shall be the same as are or may be

142-12   prescribed respecting taxes due from companies authorized to

142-13   transact new business within this State.

142-14         SECTION 11.09.  Section 3(a)(5)(A), Texas Employees Uniform

142-15   Group Insurance Benefits Act (Article 3.50-2, Vernon's Texas

142-16   Insurance Code), is amended to read as follows:

142-17                     (A)  "Employee" shall mean any appointive or

142-18   elective officer or employee in the service of the State of Texas,

142-19   including an employee of an institution of higher education:

142-20                           (i)  who is retired or retires and is an

142-21   annuitant under the jurisdiction of the Employees Retirement System

142-22   of Texas, pursuant to Subtitle B, D, or E;

142-23                           (ii)  who is retired or retires and is an

142-24   annuitant under the jurisdiction of the Teacher Retirement System

142-25   of Texas, pursuant to Subtitle C, Title 8, Government Code, or

142-26   pursuant to Chapter 803, Government Code, and whose last employment

142-27   with the state prior to retirement, including employment by a

 143-1   public community/junior college, was as an employee of a department

 143-2   whose employees are authorized to participate in the Texas

 143-3   employees uniform group insurance program;

 143-4                           (iii)  who is retired or retires and is an

 143-5   annuitant under the optional retirement program established by

 143-6   Chapter 830, Government Code, if the person's last state employment

 143-7   before retirement, including employment by a public

 143-8   community/junior college, was as an employee of a department whose

 143-9   employees are authorized to participate in the Texas employees

143-10   uniform group insurance program, and if the person either:

143-11                                          (a)  would have been

143-12   eligible to retire and receive a service retirement annuity from

143-13   the Teacher Retirement System of Texas or the Employees Retirement

143-14   System of Texas had the person not elected to participate in the

143-15   optional retirement program; or

143-16                                          (b)  is disabled as

143-17   determined by the Employees Retirement System of Texas;

143-18                           (iv)  who receives compensation for

143-19   services rendered to the State of Texas, other than an employee of

143-20   an institution of higher education described by this subdivision,

143-21   on a warrant issued pursuant to a payroll certified by a department

143-22   or by an elected or duly appointed officer of this state;

143-23                           (v)  who receives payment for the

143-24   performance of personal services on a warrant issued pursuant to a

143-25   payroll certified by a department and drawn by the comptroller

143-26   [State Comptroller of Public Accounts] upon the State Treasury

143-27   [Treasurer] against appropriations made by the Texas Legislature

 144-1   from any state funds or against any trust funds held by the

 144-2   comptroller [State Treasurer] or who is paid from funds of an

 144-3   official budget of a state department, rather than from funds of

 144-4   the General Appropriations Act;

 144-5                           (vi)  who is appointed, subject to

 144-6   confirmation of the senate, as a member of a board or commission

 144-7   with administrative responsibility over a statutory agency having

 144-8   statewide jurisdiction whose employees are covered by this Act;

 144-9                           (vii)  who is a member of the governing

144-10   body of an institution of higher education, as that term is defined

144-11   by this Act;

144-12                           (viii)  who is a member of the State Board

144-13   of Education;

144-14                           (ix)  who receives compensation for

144-15   services rendered to an institution of higher education on a

144-16   warrant or check issued pursuant to a payroll certified by an

144-17   institution of higher education or by an elected or duly appointed

144-18   officer of this state, and who is eligible for participation in the

144-19   Teacher Retirement System of Texas; or

144-20                           (x)  who receives compensation for services

144-21   rendered to an institution of higher education as provided by this

144-22   subdivision but is not permitted to be a member of the Teacher

144-23   Retirement System of Texas because the person is solely employed by

144-24   an institution of higher education that as a condition of

144-25   employment requires the person to be enrolled as a student in an

144-26   institution of higher education in graduate-level courses and who

144-27   is employed by the institution at least 20 hours a week.

 145-1         SECTION 11.10.  Section 18(a), Texas Employees Uniform Group

 145-2   Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

 145-3   Code), is amended to read as follows:

 145-4         (a)  The group benefits advisory committee is composed of 26

 145-5   [27] voting members as provided by this section.  The office of the

 145-6   attorney general, [the office of the state treasurer,] the office

 145-7   of the comptroller, the Railroad Commission of Texas, the General

 145-8   Land Office, and the Department of Agriculture are entitled to be

 145-9   represented by one member each on the committee, who may be

145-10   appointed by the governing body of the state agency or elected by

145-11   and from the employees of the agency, as determined by rule by the

145-12   governing body of the agency.  One employee shall be elected from

145-13   each of the remaining eight largest state agencies that are

145-14   governed by appointed officers by and from the employees of those

145-15   agencies.  One nonvoting member shall be the executive director of

145-16   the Employees Retirement System of Texas.  One member shall be an

145-17   expert in employee benefit issues from the private sector,

145-18   appointed by the governor.  One member shall be an expert in

145-19   employee benefits issues from the private sector, appointed by the

145-20   lieutenant governor.  One member shall be a retired state employee

145-21   appointed by the trustee.  One member shall be a state employee of

145-22   a state agency other than one of the eight largest state agencies,

145-23   appointed by the trustee.  Not more than one employee from a

145-24   particular state agency may serve on the committee.  Each of the

145-25   seven largest institutions of higher education, as determined by

145-26   the number of employees on the payroll of an institution, shall

145-27   elect one member of the committee from among persons who have each

 146-1   been nominated by a petition signed by at least 300 employees.  Two

 146-2   members shall be employees of institutions of higher education,

 146-3   other than the seven largest institutions of higher education, who

 146-4   are appointed by the Texas Higher Education Coordinating Board, but

 146-5   not more than one employee shall be from any one institution. The

 146-6   members shall elect a presiding officer from their membership to

 146-7   serve a one-year term.

 146-8         SECTION 11.11.  Subsection (a), Section 15, Texas Public

 146-9   School Employees Group Insurance Act (Article 3.50-4, Vernon's

146-10   Texas Insurance Code), is amended to read as follows:

146-11         (a)  The school employees group insurance fund is created.

146-12   The comptroller [State Treasurer] is the custodian of the fund, and

146-13   the trustee shall administer the fund.  All contributions from

146-14   active employees, retirees, and the state, contributions for

146-15   optional coverages, investment income, appropriations for

146-16   implementation of this program, and other money required or

146-17   authorized to be paid into the fund shall be paid into the fund.

146-18   From the fund shall be paid, without state fiscal year limitation,

146-19   the appropriate premiums to the carrier or carriers providing group

146-20   coverage under the plan or plans under this article, claims for

146-21   benefits under the group coverage, and the amounts expended by the

146-22   trustee for administration of the program.  The appropriate portion

146-23   of the contributions to the fund to provide for incurred but

146-24   unreported claim reserves and contingency reserves, as determined

146-25   by the trustee, shall be retained in the fund.

146-26         SECTION 11.12.  Section 16A(h), Texas Public School Employees

146-27   Group Insurance Act (Article 3.50-4, Vernon's Texas Insurance

 147-1   Code), is amended to read as follows:

 147-2         (h)  An employer who fails to comply with this section may

 147-3   not, after the failure, apply for or spend any money from a federal

 147-4   or private grant.  The trustee shall report alleged noncompliance

 147-5   to the attorney general, [the state treasurer,] the Legislative

 147-6   Budget Board, the comptroller of public accounts, and the governor.

 147-7   The attorney general shall bring a writ of mandamus against the

 147-8   employer to compel compliance with this section.

 147-9         SECTION 11.13.  Article 3.51-4, Insurance Code, is amended to

147-10   read as follows:

147-11         Art. 3.51-4.  PAYMENT OF PREMIUMS OF GROUP LIFE AND HEALTH

147-12   INSURANCE POLICIES FOR RETIREES OF THE CENTRAL EDUCATION AGENCY,

147-13   THE TEXAS REHABILITATION COMMISSION, THE COORDINATING BOARD, TEXAS

147-14   COLLEGE AND UNIVERSITY SYSTEM, RETIRED EMPLOYEES OF THE TEXAS

147-15   DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION WHO ACCEPTED

147-16   RETIREMENT UNDER THE TEACHER RETIREMENT SYSTEM OF TEXAS, RETIRED

147-17   EMPLOYEES OF THE TEXAS YOUTH COMMISSION WHO ACCEPTED RETIREMENT

147-18   UNDER THE TEACHER RETIREMENT SYSTEM OF TEXAS, AND RETIRED EMPLOYEES

147-19   OF THE TEACHER RETIREMENT SYSTEM OF TEXAS WHO ACCEPTED RETIREMENT

147-20   UNDER THE TEACHER RETIREMENT SYSTEM OF TEXAS.  The premium cost of

147-21   group life, health, accident, hospital, surgical and/or medical

147-22   expense insurance for retirees of the Central Education Agency, the

147-23   Texas Rehabilitation Commission, the Coordinating Board, Texas

147-24   College and University System, for retired employees of the Texas

147-25   Department of Mental Health and Mental Retardation, the Texas Youth

147-26   Commission, and the Teacher Retirement System of Texas who accepted

147-27   retirement under the Teacher Retirement System of Texas pursuant to

 148-1   Chapter 3, Texas Education Code, shall be paid by the State of

 148-2   Texas, subject to the following limitations and conditions:

 148-3               (a)  Payment shall be from the funds of the agency,

 148-4   commission, board or department from which the officer or employee

 148-5   retired, shall be limited to the same amount allowed active

 148-6   employees under current group life and health insurance programs of

 148-7   the agency, commission, board or department, and shall be made in

 148-8   accordance with rules and regulations to be established no later

 148-9   than September 1, 1973, by the Central Education Agency, the Texas

148-10   Rehabilitation Commission, and the Coordinating Board, Texas

148-11   College and University System for its respective retirees and no

148-12   later than September 1, 1975, by the Texas Department of Mental

148-13   Health and Mental Retardation, the Texas Youth Commission, and the

148-14   Teacher Retirement System of Texas for their retired employees who

148-15   accepted retirement under the Teacher Retirement System of Texas

148-16   pursuant to Chapter 3, Texas Education Code.

148-17               (b)  The agency, commission, board and department shall

148-18   certify to the state comptroller of public accounts [and to the

148-19   state treasurer] each month the amount required each month to pay

148-20   the insurance premiums of the said retirees, and the State of Texas

148-21   shall pay the amount so ascertained each month, beginning September

148-22   1, 1973, to the Central Education Agency, the Texas Rehabilitation

148-23   Commission, and the Coordinating Board, Texas College and

148-24   University System, and beginning September 1, 1975, to the Texas

148-25   Department of Mental Health and Mental Retardation and the Texas

148-26   Youth Commission.

148-27         SECTION 11.14.  Article 3.51-5(a), Insurance Code, is amended

 149-1   to read as follows:

 149-2         (a)  The costs of group life and health insurance premiums to

 149-3   persons retired under the Teacher Retirement Act, who at the time

 149-4   of their retirement were employed by the Texas Central Education

 149-5   Agency, the Texas Rehabilitation Commission, the Texas Department

 149-6   of Mental Health and Mental Retardation, the Texas Youth

 149-7   Commission, a Texas senior college or university, and the

 149-8   Coordinating Board, Texas College and University System, shall be

 149-9   fully paid from the funds of such agency, commission, institution,

149-10   or board under the following provisions and conditions:  (1) The

149-11   coverage of this Act shall extend to all such retired persons

149-12   within the limits of eligibility under state contracts in force on

149-13   the effective date of this Act or as may be otherwise provided by

149-14   law; (2) such payment shall be in accordance with rules and

149-15   regulations established by such agency, commission, institution, or

149-16   board; (3) such agency, commission, institution, and board shall

149-17   certify to the Comptroller of Public Accounts [and the State

149-18   Treasurer] each month the amount so ascertained each month to such

149-19   agency, commission, institution, and board; (4) payments shall

149-20   begin on the first day of the month following the month in which

149-21   this Act takes effect and shall continue to be paid until otherwise

149-22   provided by law.

149-23         SECTION 11.15.  Article 3.51-7(d), Insurance Code, is amended

149-24   to read as follows:

149-25         (d)  Such payment shall be made in accordance with rules and

149-26   regulations established by the Central Education Agency, the

149-27   Teacher Retirement System of Texas, the Texas School for the Blind

 150-1   and Visually Impaired, or for the Texas School for the Deaf, and

 150-2   each shall certify to the Comptroller of Public Accounts of Texas

 150-3   [and the State Treasurer] each month the amounts of all such

 150-4   payments made in the preceding month.

 150-5         SECTION 11.16.  Sections 4-12 and 14-16, Article 4.08,

 150-6   Insurance Code, are amended to read as follows:

 150-7         Sec. 4.  REPORTS.  Every such life insurance company shall on

 150-8   or before the first day of November of each year make a report in

 150-9   writing to the comptroller [State Treasurer of Texas] of all

150-10   unclaimed funds, as hereinbefore defined, held and owing by it on

150-11   the 30th day of June next preceding, provided, however, such report

150-12   shall not be required to include amounts which have been paid to

150-13   another state or jurisdiction under any escheat or unclaimed funds

150-14   law thereof.  Such report shall be signed and sworn to by an

150-15   officer of such company and shall set forth:  (1) in alphabetical

150-16   order the full name of the insured or annuitant, the last known

150-17   address according to the company's records, and the policy or

150-18   contract number; (2) the amount appearing from the company's

150-19   records to be due on such policy or contract; (3) the date such

150-20   unclaimed funds became payable; (4) the name and last known address

150-21   of each beneficiary or other person who, according to the company's

150-22   records, may have an interest in such unclaimed funds; and (5) such

150-23   other identifying information as the comptroller [State Treasurer]

150-24   may require; provided, however, that individual amounts of less

150-25   than $50 may be reported in the aggregate without furnishing any of

150-26   the information required in Clauses (1), (2), (3), (4), and (5) of

150-27   this Section.  Each life insurance company required to file a

 151-1   report under this Section shall maintain a record of the name and

 151-2   last known address, if any, of the insured, annuitant, or

 151-3   beneficiary, the policy or contract number, and the amount

 151-4   appearing from the company's records to be due on the policy or

 151-5   contract for 10 years after the funds are reportable, whether or

 151-6   not the amount was reported in the aggregate under this Section.

 151-7   The comptroller [State Treasurer] may provide by rule for a shorter

 151-8   holding period for these records.

 151-9         Sec. 5.  NOTICE; PUBLICATION.  (a)  In the calendar year

151-10   following the submission of the reports required under Section 4 of

151-11   this Article and the payment to the comptroller [State Treasurer]

151-12   under Section 6 of this Article of all unclaimed funds described in

151-13   the report, the comptroller [State Treasurer] may cause to be

151-14   published notices based on the information contained in such

151-15   reports.  Except as provided by Subsection (d) of this Section,

151-16   such a notice shall be published once in a newspaper published or

151-17   having a general circulation in each county of this state in which

151-18   is located the last known address of a person appearing to be

151-19   entitled to such funds.

151-20         (b)  Each such notice shall set forth in alphabetical order

151-21   the names of the insureds or annuitants under policies or contracts

151-22   and the city of last known address, if any.  The notice shall also

151-23   state that such unclaimed funds have been delivered to the

151-24   comptroller [State Treasurer] on the preceding November 1 and that

151-25   those funds may be claimed from the comptroller [State Treasurer].

151-26         (c)  It shall not be obligatory upon the comptroller [State

151-27   Treasurer] to publish any item of less than Fifty Dollars ($50) in

 152-1   such notice, unless the comptroller [State Treasurer] deems such

 152-2   publication to be in the public interest.  Expenses incurred for

 152-3   the publication of notice may be charged against the funds

 152-4   delivered to the comptroller [State Treasurer] under Section 6 of

 152-5   this Article.

 152-6         (d)  The comptroller [State Treasurer] may use a method of

 152-7   publishing notice that is different from that prescribed by

 152-8   Subsection (a) of this Section if the comptroller [State Treasurer]

 152-9   determines that the different method would be as likely as the

152-10   prescribed method to give actual notice to the person required to

152-11   be named in the notice.

152-12         Sec. 6.  PAYMENT TO COMPTROLLER [STATE TREASURER].  All

152-13   unclaimed funds contained in the report required to be filed by

152-14   Section 4 of this Article shall be delivered to the comptroller

152-15   [State Treasurer] on or before November 1 with the report.

152-16         Sec. 7.  CUSTODY OF UNCLAIMED FUNDS IN STATE; INSURERS

152-17   INDEMNIFIED.  Upon the payment of such unclaimed funds to the

152-18   comptroller [State Treasurer] the state shall assume, for the

152-19   benefit of those entitled to receive the same and for the safety of

152-20   the money so paid, the custody of such unclaimed funds, and the

152-21   life insurance company making such payment shall immediately and

152-22   thereafter be relieved of and held harmless by the state from any

152-23   and all liability for any claim or claims which exist at such time

152-24   with reference to such unclaimed funds or which thereafter may be

152-25   made or may come into existence on account of or in respect to any

152-26   such unclaimed funds.

152-27         Sec. 8.  INDEMNIFICATION FOR CLAIMS.  (a)  Any life insurance

 153-1   company which in good faith has paid monies to the comptroller

 153-2   [State Treasurer] pursuant to this Article is relieved of all

 153-3   liability for a claim that exists at the time of delivery, that

 153-4   arises after delivery to the comptroller [State Treasurer], or that

 153-5   is made with respect to the property, to the extent of the value of

 153-6   the property delivered.

 153-7         (b)  If a life insurance company in good faith delivers

 153-8   property to the comptroller [State Treasurer] and after delivery a

 153-9   person claims the property from the life insurance company or

153-10   another state claims the property under its laws relating to

153-11   escheat or unclaimed property, the attorney general shall, on

153-12   written notice of the claim, defend the life insurance company

153-13   against the claim.  The life insurance company shall be indemnified

153-14   from the unclaimed money fund established under Section 74.601,

153-15   Property Code, against any liability on the claim.

153-16         Sec. 9.  FUND ADMINISTRATION.  Upon receipt of any unclaimed

153-17   funds from such life insurance companies by the comptroller [State

153-18   Treasurer], the comptroller [State Treasurer] shall deposit those

153-19   funds in the unclaimed money fund established by Section 74.601,

153-20   Property Code.  Money in the unclaimed money fund may be

153-21   appropriated by the legislature to enforce and administer this

153-22   Article.

153-23         Sec. 10.  DETERMINATION AND REVIEW OF CLAIMS.  Any person

153-24   claiming to be entitled to unclaimed funds paid to the comptroller

153-25   [State Treasurer] may file a claim at any time with such official.

153-26   The comptroller [State Treasurer] shall possess full and complete

153-27   authority to accept or reject any such claim.  If he rejects such

 154-1   claim or fails to act thereon within ninety days after receipt of

 154-2   such claim, the claimant may institute suit therefor in a court of

 154-3   competent jurisdiction naming the comptroller [State Treasurer] as

 154-4   defendant.

 154-5         Sec. 11.  PAYMENT OF ALLOWED CLAIMS.  Any claim which is

 154-6   accepted by the comptroller [State Treasurer] or ordered to be paid

 154-7   by him by a court of competent jurisdiction shall be paid out of

 154-8   the special trust fund in his custody, or in the event such special

 154-9   trust fund shall be insufficient, out of the general funds of the

154-10   state.

154-11         Sec. 12.  RECORDS REQUIRED.  The comptroller [State

154-12   Treasurer] shall keep in his office a public record of each payment

154-13   of unclaimed funds received by him from any life insurance company.

154-14   Except as to amounts reported in the aggregate, such record shall

154-15   show in alphabetical order the name and last known address of each

154-16   insured or annuitant, and of each beneficiary or other person who,

154-17   according to the company's reports, may have an interest in such

154-18   unclaimed funds, and with respect to each policy or contract, its

154-19   number, the name of the company, and the amount due.

154-20         Sec. 14.  INTEREST, ATTORNEY'S FEES, AND PENALTIES.  (a)  A

154-21   person who fails to pay or deliver property within the time

154-22   prescribed by this Article shall pay to the comptroller [State

154-23   Treasurer] interest, at the judgment rate of interest as published

154-24   by the consumer credit commissioner in the Texas Register, on the

154-25   property or value of the property from the date the property should

154-26   have been paid or delivered until the date the property is actually

154-27   paid or delivered.

 155-1         (b)  If the comptroller [State Treasurer] presents a claim

 155-2   for unclaimed property to a person who fails timely to pay or

 155-3   deliver the property and the just amount of the unclaimed property

 155-4   owed has not been tendered before the 31st day after the date the

 155-5   claim is presented, the comptroller [State Treasurer] may, on

 155-6   approval of a court of competent jurisdiction in Travis County,

 155-7   recover reasonable attorney's fees from the person in addition to

 155-8   unclaimed property and interest due.

 155-9         (c)  Any person who wilfully fails to file a report required

155-10   by this Article, or who violates any of the other terms and

155-11   provisions of this Article shall be punished by a fine not less

155-12   than Five Hundred Dollars ($500.00), nor more than One Thousand

155-13   Dollars ($1000.00), or by confinement for not more than six months

155-14   in the county jail, or both, and in addition, shall be subject to

155-15   civil penalties of not exceeding One Hundred Dollars ($100.00) for

155-16   each day of such wilful failure or refusal, said civil penalties to

155-17   be collected by suit in a District Court of Travis County, Texas,

155-18   by the Attorney General in the name of the State of Texas.

155-19         Sec. 15.  RULES.  The comptroller [State Treasurer] may adopt

155-20   rules necessary to carry out this Article.

155-21         Sec. 16.  EXAMINATION OF RECORDS.  The comptroller [State

155-22   Treasurer] may examine the records of a life insurance company to

155-23   determine if the life insurance company is complying with this

155-24   Article.  The comptroller [State Treasurer] may not make public any

155-25   information obtained by an examination made under this Section.

155-26         SECTION 11.17.  Section 1, Article 4.10, Insurance Code, is

155-27   amended to read as follows:

 156-1         Sec. 1.  PAYMENT OF TAX.  Every insurance carrier, including

 156-2   Lloyd's and reciprocal exchanges and any other organization or

 156-3   concern receiving gross premiums from the business of fire, marine,

 156-4   marine inland, accident, credit, livestock, fidelity, guaranty,

 156-5   surety, casualty, workers' compensation, employers' liability, or

 156-6   any other kind or character of insurance, except title insurance

 156-7   and except as provided in Sections 2, 3, and 4 of this article,

 156-8   shall pay to the comptroller [for transmittal to the state

 156-9   treasurer] a tax upon such gross premium receipts as provided in

156-10   this article.  Any such insurance carrier doing other kinds of

156-11   insurance business shall pay the tax levied upon its gross premiums

156-12   received from such other kinds of business as provided in Articles

156-13   4.03 and 4.11 of this code.

156-14         SECTION 11.18.  Section 6(b), Article 4.10, Insurance Code,

156-15   is amended to read as follows:

156-16         (b)  A semiannual prepayment of premium tax must be made on

156-17   March 1st and August 1st by all insurers with net tax liability for

156-18   the previous calendar year in excess of $1,000.  The tax paid on

156-19   each date must equal one-half of the total premium tax paid for the

156-20   previous calendar year.  Should no premium tax have been paid

156-21   during the previous calendar year, the semiannual payment shall

156-22   equal the tax which would be owed on the aggregate of the gross

156-23   premium receipts for the two previous calendar quarters at the

156-24   minimum tax rate specified by law.  The comptroller is authorized

156-25   to [certify for] refund [to the State Treasurer] any overpayment of

156-26   premium taxes that results from the semiannual prepayment system

156-27   herein established.

 157-1         SECTION 11.19.  Section 1, Article 4.11, Insurance Code, is

 157-2   amended to read as follows:

 157-3         Sec. 1.  Insurance Carriers Required to Pay Premium Tax.

 157-4   Every insurance carrier receiving premiums from the business of

 157-5   life insurance, accident insurance, health insurance, life and

 157-6   accident insurance, life and health insurance, health and accident

 157-7   insurance, or life, health, and accident insurance, including

 157-8   variable life insurance, credit life insurance, and credit accident

 157-9   and health insurance for profit or otherwise or for mutual benefit

157-10   or protection, in this state, shall pay to the comptroller [for

157-11   transmittal to the state treasurer] a tax upon its gross premiums

157-12   as provided in this article.

157-13         SECTION 11.20.  Section 13(a), Article 4.11, Insurance Code,

157-14   is amended to read as follows:

157-15         (a)  A semiannual prepayment of premium tax must be made on

157-16   March 1 and August 1 by all insurers with net tax liability for the

157-17   previous calendar year in excess of $1,000.  The tax paid on each

157-18   date must equal one-half of the total premium tax paid for the

157-19   previous calendar year.  Should no premium tax have been paid

157-20   during the previous calendar year, the semiannual payment shall

157-21   equal the tax which would be owed on the aggregate of the gross

157-22   premium receipts for the two previous calendar quarters at the

157-23   minimum tax rate specified by law.  The comptroller is authorized

157-24   to [certify for] refund [to the state treasurer] any overpayment of

157-25   premium taxes that results from the semiannual prepayment system

157-26   herein established.

157-27         SECTION 11.21.  Sections 1 and 2, Article 4.11A, Insurance

 158-1   Code, are amended to read as follows:

 158-2         Sec. 1.  TAX PAYMENT REQUIREMENT.  Each insurance carrier

 158-3   receiving any form of administrative or service fee, consideration,

 158-4   payment, premium, fund, reimbursement, or compensation for

 158-5   performing or providing any service, function, or duty, or acting

 158-6   in any administrative, clerical, management, advisory, or technical

 158-7   capacity, or providing any claims or expense review, service,

 158-8   administration, management, payment, indemnification, or

 158-9   reimbursement, under an administrative service contract to be

158-10   performed in this state, or on behalf of persons in this state, or

158-11   for risks located in this state, and relating to any

158-12   employer-employee, multiple employer-employee, self-insurance

158-13   group, member, or other medical, accident, sickness, injury,

158-14   indemnity, death, or health benefit plan, including but not limited

158-15   to any medical, surgical, orthopedic, chiropractic, physical

158-16   therapy, speech pathology, audiology, mental health, dental,

158-17   hospital, workers' compensation, optometric, or health maintenance

158-18   organization plan or program, but excluding any portion of such

158-19   plan for which premiums for insurance are received by the carrier

158-20   and are otherwise subject to taxation by this state under Article

158-21   1.14-1, 1.14-2, 4.10, or 4.11, Insurance Code, or Section 33, Texas

158-22   Health Maintenance Organization Act (Article 20A.33, Vernon's Texas

158-23   Insurance Code), shall pay to the State Board of Insurance as

158-24   provided by this article for transmittal to the comptroller [state

158-25   treasurer] an annual tax on the gross amount of administrative or

158-26   service fees received by the carrier.  This section does not apply

158-27   to a person to the extent he receives an administrative or service

 159-1   fee, consideration, payment, premium, fund, reimbursement, or

 159-2   compensation, as provided by this section, from a unit or units of

 159-3   local government, or from units of local government that have

 159-4   organized under Chapter 791, Government Code, or Chapter 119, Local

 159-5   Government Code [The Interlocal Cooperation Act (Article 4413(32c),

 159-6   Vernon's Texas Civil Statutes) or Article 4413(32i), Revised

 159-7   Statutes], to provide group workers' compensation, health,

 159-8   accident, dental, disability, and life insurance solely to local

 159-9   government employees.  This section does not apply to local mutual

159-10   aid associations or fraternal benefit societies or associations.

159-11         Sec. 2.  OTHER TAX PAYMENT REQUIREMENT.  Each person, except

159-12   an insurance carrier subject to Section 1 of this article,

159-13   receiving any form of administrative or service fee, consideration,

159-14   payment, premium, fund, reimbursement, or compensation for

159-15   performing or providing any service, function, or duty, or acting

159-16   in any administrative, clerical, management, advisory, or technical

159-17   capacity, or providing any claims or expense review, service,

159-18   administration, management, payment, indemnification, or

159-19   reimbursement, under an administrative service contract to be

159-20   performed in this state, or on behalf of persons in this state, or

159-21   for risks located in this state, and relating to any

159-22   employer-employee, multiple employer-employee, self-insurance

159-23   group, member, or other medical, accident, sickness, injury,

159-24   indemnity, death, or health benefit plan, including but not limited

159-25   to any medical, surgical, orthopedic, chiropractic, physical

159-26   therapy, speech pathology, audiology, mental health, dental,

159-27   hospital, workers' compensation, optometric, or health maintenance

 160-1   organization plan or program, but excluding any portion of such

 160-2   plan for which premiums for insurance are received by an insurance

 160-3   carrier and are otherwise subject to taxation by this state under

 160-4   Article 1.14-1, 1.14-2, 4.10, or 4.11, Insurance Code, or Section

 160-5   33, Texas Health Maintenance Organization Act (Article 20A.33,

 160-6   Vernon's Texas Insurance Code), shall pay to the State Board of

 160-7   Insurance as provided by this article for transmittal to the

 160-8   comptroller [state treasurer] an annual tax on the gross amount of

 160-9   administrative or service fees received by the person.  This

160-10   section does not apply to a person to the extent he receives an

160-11   administrative or service fee, consideration, payment, premium,

160-12   fund, reimbursement, or compensation, as provided by this section,

160-13   from a unit or units of local government, or from units of local

160-14   government that have organized under Chapter 791, Government Code,

160-15   or Chapter 119, Local Government Code [The Interlocal Cooperation

160-16   Act (Article 4413(32c), Vernon's Texas Civil Statutes) or Article

160-17   4413(32i), Revised Statutes], to provide group workers'

160-18   compensation, health, accident, dental, disability, and life

160-19   insurance solely to local government employees.  This section does

160-20   not apply to local mutual aid associations or to fraternal benefit

160-21   societies or associations.

160-22         SECTION 11.22.  Section 4(c), Article 4.11A, Insurance Code,

160-23   is amended to read as follows:

160-24         (c)  Except to the extent preempted by federal law, there is

160-25   imposed on each plan of the type described in Section 1 or 2 of

160-26   this article an annual tax equal to 2.5 percent of the gross amount

160-27   of administrative or service fees and that plan shall pay the tax

 161-1   to the State Board of Insurance for transmittal to the comptroller

 161-2   [state treasurer].  The tax provided by this subsection is imposed

 161-3   and is owed only to the extent a tax is not paid under Subsection

 161-4   (a) of this section.

 161-5         SECTION 11.23.  Sections 7, 8, and 10, Article 4.11A,

 161-6   Insurance Code, are amended to read as follows:

 161-7         Sec. 7.  CERTIFICATION OF TAXES PAID.  After receipt by the

 161-8   commissioner of insurance of each tax return and tax payments, the

 161-9   commissioner shall certify to the comptroller [state treasurer] the

161-10   amount of taxes paid by each insurance carrier or other person.

161-11   The commissioner's certification shall be authorization for the

161-12   comptroller [state treasurer] to transfer those certified amounts

161-13   from the insurance suspense account to the general revenue fund

161-14   unless there is a lawful reason for maintaining the payment in the

161-15   insurance suspense account.

161-16         Sec. 8.  SUPPLEMENTAL CERTIFICATION OF TAXES DUE; SUSPENSION

161-17   OF TIME PERIOD; SUIT BY COMMISSIONER.  (a)  Except as otherwise

161-18   provided by this article, the amount of any tax imposed by this

161-19   article if determined on examination of any carrier or other person

161-20   liable for that tax, or if determined by any other manner, shall be

161-21   filed by the commissioner of insurance with the comptroller [state

161-22   treasurer] by supplemental certificate showing the amount of any

161-23   taxes due by that carrier or other person within four years after

161-24   the return was filed, whether or not the return was filed on or

161-25   after the date due.

161-26         (b)  When an administrative review or a judicial proceeding

161-27   is pending in a court of competent jurisdiction prior to the

 162-1   expiration of the time presented in Subsection (a) of this section,

 162-2   the time period prescribed by Subsection (a) of this section shall

 162-3   be suspended with respect to the amount of tax in issue in that

 162-4   proceeding until such matters are finally determined, whereupon the

 162-5   running of that period of time shall resume until finally expired.

 162-6         (c)  In the case of failure to file a return or pay the taxes

 162-7   due, the commissioner of insurance may notify the comptroller

 162-8   [state treasurer] of the failure and the amount of taxes due, and

 162-9   the commissioner of insurance may proceed in a court of competent

162-10   jurisdiction for collection of the tax at any time.

162-11         Sec. 10.  QUARTERLY PREPAYMENT OF TAXES.  A quarterly

162-12   prepayment of the tax must be made on March 1, May 15, August 15,

162-13   and November 15 by all carriers or other persons with net tax

162-14   liability for the previous calendar year in excess of $1,000.  The

162-15   tax paid on each date must equal one-fourth of the total tax paid

162-16   for the previous calendar year.  Should no tax have been paid

162-17   during the previous calendar year, the quarterly payment shall

162-18   equal the tax which would be owed on the gross amount of

162-19   administrative or service fees received during the previous

162-20   calendar quarter ending March 31, June 30, September 30, or

162-21   December 31 at the tax rate specified by law.  The State Board of

162-22   Insurance is authorized to certify for refund to the comptroller

162-23   [state treasurer] any overpayment of taxes that results from the

162-24   quarterly prepayment system herein established.

162-25         SECTION 11.24.  Article 5.51, Insurance Code, is amended to

162-26   read as follows:

162-27         Art. 5.51.  COMPENSATION OF BOARD.  The necessary

 163-1   compensation of experts, clerical force, and other persons employed

 163-2   by said Board, and all necessary traveling expenses, and such other

 163-3   expenses as may be necessary, incurred in carrying out the

 163-4   provisions of this subchapter, shall be paid by warrants drawn by

 163-5   the Comptroller [upon the State Treasurer] upon the order of said

 163-6   Board.  The total amount of all salaries and said other expenses

 163-7   shall not exceed the sum produced by the assessments on the gross

 163-8   premiums of all fire insurance companies doing business in this

 163-9   State.

163-10         SECTION 11.25.  Article 5.67, Insurance Code, is amended to

163-11   read as follows:

163-12         Art. 5.67.  ADDITIONAL COMPENSATION.  The necessary

163-13   compensation of experts, the clerical force and other persons

163-14   employed by the Board to carry out the purposes of this subchapter,

163-15   and all necessary traveling expenses and such other expenses as may

163-16   be necessarily incurred in carrying out such provisions shall be

163-17   paid by warrants drawn by the Comptroller [upon the State

163-18   Treasurer] upon the order of said Board.  The total amount of all

163-19   salaries and said other expenses shall not exceed the sum assessed

163-20   and collected from companies and associations writing workmen's

163-21   compensation insurance in this State.

163-22         SECTION 11.26.  Section 2.07(b), Article 5.76-2, Insurance

163-23   Code, is amended to read as follows:

163-24         (b)  The facility shall invest its funds only in investments

163-25   authorized by law for the investment of state funds as provided in

163-26   Chapter 404, Government Code.  The governing committee shall

163-27   develop an investment policy and submit the policy to the

 164-1   comptroller [state treasurer] for review and approval.

 164-2         SECTION 11.27.  Section 13(d), Article 5.76-3, Insurance

 164-3   Code, is amended to read as follows:

 164-4         (d)  Money in the fund shall be invested, subject to a policy

 164-5   approved by the comptroller [state treasurer], in the types of

 164-6   investments authorized by law for an insurer authorized to write

 164-7   workers' compensation insurance coverage in this state.

 164-8         SECTION 11.28.  Article 7.02, Insurance Code, is amended to

 164-9   read as follows:

164-10         Art. 7.02.  WITHDRAWAL OF UNNECESSARY DEPOSITS.  When two or

164-11   more companies authorized to write fidelity, guaranty and surety

164-12   insurance in the State of Texas merge or consolidate, and, incident

164-13   to such merger or consolidation, enter into a total reinsurance

164-14   contract by which the merged or ceding company is dissolved, and

164-15   its assets acquired and liabilities assumed by the new or surviving

164-16   company, the Commissioner of Insurance, upon finding that the

164-17   contracting companies have on deposit with the comptroller [State

164-18   Treasurer] two or more deposits made for the same or similar

164-19   purposes under either former Article 7.03 (repealed by Acts 1957,

164-20   55th Legislature, Regular Session, Chapter 388, p. 1162) or Article

164-21   8.05 of the Insurance Code of Texas, shall authorize the

164-22   comptroller [State Treasurer] to retain for a single purpose only

164-23   the deposit of greater or greatest amount and value and to permit

164-24   the new or surviving reinsuring company, upon proper showing that

164-25   there is such duplication of deposits and that the new or surviving

164-26   company is the owner thereof, to withdraw any or all duplicate or

164-27   excessive deposits.

 165-1         SECTION 11.29.  Article 8.05, Insurance Code, is amended to

 165-2   read as follows:

 165-3         Art. 8.05.  CAPITAL AND DEPOSITS.  Only companies organized

 165-4   and doing business under the provisions of this Chapter shall be

 165-5   subject to its provisions.  Such companies shall have not less than

 165-6   the minimum capital and the minimum surplus applicable to casualty,

 165-7   fidelity, guaranty, surety and trust companies as set out in

 165-8   Article 2.02 of this Code.  Such a company shall be authorized to

 165-9   transact all and every kind of insurance specified in the first

165-10   Article of this Chapter.  At the time of incorporation all of said

165-11   capital and surplus shall be in cash.  The capital and minimum

165-12   surplus required of said company as provided in Article 2.02 of

165-13   this Code shall, following incorporation and the issuance by the

165-14   Board to said company of a certificate authorizing it to do

165-15   business, be invested as provided in Article 2.08 of this Code.

165-16   All other funds of said corporation in excess of its capital and

165-17   minimum surplus shall be invested by such company as provided in

165-18   Article 2.10 and in Article 6.08 of this Code.  Upon the granting

165-19   of the charter to said corporation in the mode and manner provided

165-20   in Article 2.01 and Article 2.02 of this Code, and upon the deposit

165-21   of the sum of $50,000.00 of securities of the kind described in

165-22   Article 2.10 of this Code or in cash with the comptroller [State

165-23   Treasurer], the Board shall issue to said company a certificate

165-24   authorizing it to do business.

165-25         No part of the capital or surplus paid in shall be loaned to

165-26   any officer of said company.

165-27         In the event any such company shall be required by the law of

 166-1   any other State, country or province as a requirement prior to

 166-2   doing an insurance business therein to deposit with the duly

 166-3   appointed officer of such other State, country or province, or with

 166-4   the comptroller [State Treasurer of this State], any securities or

 166-5   cash in excess of the said deposit of $50,000.00 hereinbefore

 166-6   mentioned, such company, at its discretion, may deposit with the

 166-7   comptroller [State Treasurer] securities of the character

 166-8   authorized by law, or cash sufficient to enable it to meet such

 166-9   requirements.  The comptroller [State Treasurer] is hereby

166-10   authorized and directed to receive such deposit and to hold it

166-11   exclusively for the protection of policyholders of the company.

166-12   Any deposit so made to meet the requirements of any other State,

166-13   country or province shall not be withdrawn by the company except

166-14   upon filing with the Board evidence satisfactory to it that the

166-15   company has withdrawn from business, and has no unsecured

166-16   liabilities outstanding in any such other State, country or

166-17   province by which such additional deposit was required, and upon

166-18   the filing of such evidence the company may withdraw such

166-19   additional deposit at any time.

166-20         SECTION 11.30.  Article 8.12, Insurance Code, is amended to

166-21   read as follows:

166-22         Art. 8.12.  CHANGE OF SECURITIES.  Such companies shall have

166-23   the right at any time to change their securities on deposit with

166-24   the comptroller [State Treasurer] by substituting for those

166-25   withdrawn a like amount in other securities of the character

166-26   provided for in this law.

166-27         SECTION 11.31.  Article 8.15, Insurance Code, is amended to

 167-1   read as follows:

 167-2         Art. 8.15.  INTEREST ON DEPOSITS.  The comptroller [State

 167-3   Treasurer] shall permit companies having securities on deposit with

 167-4   him under the provisions of this law to collect the interest as the

 167-5   same may become due, and shall deliver to such companies,

 167-6   respectively, the coupons or other evidences of interest pertaining

 167-7   to such deposits.  Upon failure of any company to deposit

 167-8   additional security as called for by the Board, or pending any

 167-9   proceedings to close up or enjoin it, the comptroller [State

167-10   Treasurer] shall collect the interest as it becomes due and hold

167-11   the same as additional security in his hands belonging to such

167-12   company.

167-13         SECTION 11.32.  Articles 8.24(c) and (d), Insurance Code, are

167-14   amended to read as follows:

167-15         (c)  Such carrier shall deposit with the comptroller

167-16   [Treasurer of the State of Texas] at least Twenty-five Thousand

167-17   ($25,000.00) Dollars in lawful money of the United States or in

167-18   securities eligible for other casualty insurers licensed in Texas

167-19   and approved by such department, which deposit shall be liable for

167-20   all lawful claims and final judgments against such insurance

167-21   carrier, including taxes due the State of Texas, and policy claims

167-22   and other debts and obligations incurred in the course of

167-23   operations hereunder as provided herein, and such deposit shall be

167-24   kept replenished from time to time with like cash or approved

167-25   securities to maintain a minimum total deposit of Twenty-five

167-26   Thousand ($25,000.00) Dollars.  Such deposit or the unencumbered

167-27   balance thereof shall be returned to such carrier with approval of

 168-1   such department upon withdrawing from the business authorized

 168-2   hereby and upon a showing to such department that all of its

 168-3   policies written in Texas hereunder have expired or have been

 168-4   cancelled and that all of its claims and obligations upon policies

 168-5   written in this State which would constitute lawful charges against

 168-6   such deposits have been satisfied.

 168-7         (d)  The comptroller [State Treasurer], upon the approval of

 168-8   the department, shall pay from the deposit required herein any

 168-9   unsatisfied final judgment obtained against such carrier in any

168-10   court of competent jurisdiction in Texas based upon such

168-11   substituted service as authorized by Article 1.36 of this code.

168-12         SECTION 11.33.  Section 6A, Texas Title Insurance Guaranty

168-13   Act (Article 9.48, Insurance Code), is amended to read as follows:

168-14         Sec. 6A.  Deposit of assessments.  All assessments and fees

168-15   collected by the association may be deposited into the Texas

168-16   Treasury Safekeeping Trust Company in accordance with procedures

168-17   established by the comptroller [state treasurer].  The funds

168-18   deposited shall be accounted for separately from all other funds by

168-19   the comptroller [state treasurer] to the association.

168-20         SECTION 11.34.  Section 9(b), Texas Title Insurance Guaranty

168-21   Act (Article 9.48, Insurance Code), is amended to read as follows:

168-22         (b)  Should the association at any time determine that money

168-23   exists in the administrative account or the title account in excess

168-24   of the amount reasonably necessary for efficient future operation

168-25   under the terms of this article, it shall cause the excess money to

168-26   be returned pro rata to the holders of any participation receipts

168-27   on which there is a balance outstanding after deducting any credits

 169-1   taken against premium taxes as authorized by Section 15 of this

 169-2   article.  The amount deducted for those credits shall be deposited

 169-3   with the comptroller [state treasurer] for credit to the general

 169-4   fund of this state.  Any excess money remaining after the

 169-5   distribution shall be retained by the association in the guaranty

 169-6   fee account and held pursuant to this article.

 169-7         SECTION 11.35.  Section 1, Article 9.59, Insurance Code, is

 169-8   amended to read as follows:

 169-9         Sec. 1.  Payment of tax.  Each title insurance company

169-10   receiving premiums from the business of title insurance shall pay

169-11   to the comptroller [for transmittal to the state treasurer] a tax

169-12   on those premiums as provided in this article.

169-13         SECTION 11.36.  Section 3(b), Article 9.59, Insurance Code,

169-14   is amended to read as follows:

169-15         (b)  A semiannual prepayment of premium tax must be made on

169-16   March 1 and August 1 by all insurers with net tax liability for the

169-17   previous calendar year of more than $1,000. The tax paid on each

169-18   date must equal one-half of the total premium tax paid for the

169-19   previous calendar year.  If no premium tax has been paid during the

169-20   previous calendar year, the semiannual payment shall equal the tax

169-21   that would be owed on the aggregate of the gross premium receipts

169-22   for the two previous calendar quarters at the minimum tax rate

169-23   specified by law.  The comptroller may [certify for] refund [to the

169-24   state treasurer] any overpayment of premium taxes that results from

169-25   the semiannual prepayment system established by this subsection.

169-26         SECTION 11.37.  Article 14.10, Insurance Code, is amended to

169-27   read as follows:

 170-1         Art. 14.10.  DEPOSITS.  Each association shall place with the

 170-2   comptroller [State Treasurer] through the Board of Insurance

 170-3   Commissioners a deposit equal to the largest risk assumed on any

 170-4   one life or person, which may be in cash or in convertible

 170-5   securities subject to approval by the Board.  Such deposit shall be

 170-6   liable for the payment of all final judgments against the

 170-7   association, and subject to garnishment after final judgments

 170-8   against the association.  When such deposit becomes impounded or

 170-9   depleted it shall at once be replenished by the association, and if

170-10   not replenished immediately on demand by the Board, the association

170-11   may be regarded as insolvent and dealt with as hereinafter

170-12   provided.

170-13         When any association shall desire to state in advertisements,

170-14   letters, literature or otherwise, that it has made a deposit with

170-15   the Board as required by law, it must also state in full the

170-16   purpose of the deposit, the conditions under which it is made, and

170-17   the exact amount and character thereof.

170-18         SECTION 11.38.  Article 15.06, Insurance Code, is amended to

170-19   read as follows:

170-20         Art. 15.06.  KINDS OF INSURANCE.  Any company organized under

170-21   the provisions of this Chapter is empowered and authorized to write

170-22   any kinds of insurance, which may lawfully be written in Texas,

170-23   except life insurance.  Any such company writing fidelity and

170-24   surety bonds shall keep on deposit with the comptroller [State

170-25   Treasurer] cash or securities as provided in Article 2.10 approved

170-26   by the Board equal in amount to that required of domestic stock

170-27   companies.  Any such company shall be possessed of a surplus over

 171-1   and above all of its liabilities equal to the minimum capital stock

 171-2   and surplus required of a stock insurance company transacting the

 171-3   same kinds of business.  Mutual insurance companies operating under

 171-4   the provisions of this Chapter shall be required to charge the

 171-5   rates prescribed by the Board of Insurance Commissioners and be

 171-6   subject to the same rates and reserve supervision that domestic

 171-7   insurance companies are subject to by law.

 171-8         SECTION 11.39.  Section 4, Article 17.25, Insurance Code, is

 171-9   amended to read as follows:

171-10         Sec. 4.  DEPOSIT.  Each such company shall place with the

171-11   comptroller [State Treasurer] through the Board of Insurance

171-12   Commissioners a deposit equal to the largest amount assumed on any

171-13   one risk, or upon a showing or re-insurance acceptable to the

171-14   Board, the largest amount retained on any one risk after

171-15   re-insurance, which deposit may be in cash or in convertible

171-16   securities subject to approval of the Board.  Such deposit shall be

171-17   liable for the payment of all judgments against the company, and

171-18   subject to a garnishment after final judgment against the company.

171-19   When such deposit becomes impounded or depleted it shall at once be

171-20   replenished immediately on demand by the Board, or the company may

171-21   be regarded as insolvent.

171-22         When any company shall desire to state in advertisements,

171-23   letters, literature or otherwise, that it has made a deposit with

171-24   the Board as required by law, it must also state in full the

171-25   purpose of the deposit, the conditions under which it is made, and

171-26   the exact amount and character thereof.

171-27         SECTION 11.40.  Article 19.06, Insurance Code, is amended to

 172-1   read as follows:

 172-2         Art. 19.06.  FINANCIAL REQUIREMENTS.  There shall be

 172-3   maintained at all times a surplus over and above all liabilities

 172-4   equal to the minimum capital stock and surplus required of a stock

 172-5   insurance company transacting the same kinds of business.

 172-6         There shall be maintained at all times such reserves as are

 172-7   required, or which, by the laws of this State or by the lawful

 172-8   rules and regulations of the Board of Insurance Commissioners,

 172-9   hereafter may be required, to be maintained by stock insurance

172-10   companies transacting the same kind or kinds of insurance business.

172-11         The required assets of such exchanges shall be maintained as

172-12   to minimum surplus requirements as provided in Article 2.08 of this

172-13   Code, and as to other funds, as provided in Article 2.10 of this

172-14   Code.

172-15         If fidelity and surety bond insurance is exchanged in this

172-16   State by any reciprocal exchange, there shall be kept on deposit

172-17   with the comptroller [State Treasurer of Texas], money, bonds, or

172-18   other securities in an amount not less than $50,000.00.   Such

172-19   securities as described in Article 2.10 of this Code shall be

172-20   approved by the Board of Insurance Commissioners, and this amount

172-21   shall be kept intact at all times.  Any foreign exchange writing

172-22   fidelity and surety bonds in this State shall file with the Board

172-23   of Insurance Commissioners evidence, satisfactory to the Board of

172-24   Insurance Commissioners, that it has on deposit with the

172-25   comptroller [State Treasurer] or other proper officials of its home

172-26   state, or in escrow under his supervision and control in some

172-27   reliable bank or trust company, $100,000.00 or more, in money,

 173-1   bonds or other securities as described in Article 2.10 of this Code

 173-2   for the protection of its policyholders; provided further, that if

 173-3   said bonds and securities herein referred to are not acceptable to

 173-4   and approved by the Board of Insurance Commissioners of Texas, said

 173-5   Board shall have the right and authority to deny the attorney in

 173-6   fact a Certificate of Authority.

 173-7         SECTION 11.41.  Article 20.03, Insurance Code, is amended to

 173-8   read as follows:

 173-9         Art. 20.03.  DEPOSIT.  Each such corporation shall place with

173-10   the comptroller [State Treasurer] through the Board of Insurance

173-11   Commissioners a deposit equal to One Hundred ($100.00) Dollars for

173-12   each one thousand (1,000) of its members and fractional part of

173-13   such number, provided that the maximum deposit shall be Two

173-14   Thousand ($2,000.00) Dollars.  The deposit shall be liable for the

173-15   payment of all judgments against the corporation and subject to

173-16   garnishment after final judgment against the corporation.  When

173-17   such deposit becomes impounded or impaired, it shall at once be

173-18   replenished by the corporation; and if not replenished immediately

173-19   on demand by the Board, the corporation may be regarded as

173-20   insolvent and dealt with accordingly.

173-21         SECTION 11.42.  Sections 20A.13(a), (b), (g), and (h), Texas

173-22   Health Maintenance Organization Act (Article 20A.13, Vernon's Texas

173-23   Insurance Code), are amended to read as follows:

173-24         (a)  Unless otherwise provided by this section, each health

173-25   maintenance organization shall deposit with the comptroller [State

173-26   Treasurer] cash or securities, or any combination of these or other

173-27   guarantees that are acceptable to the State Board of Insurance, in

 174-1   an amount as set forth in this section.

 174-2         (b)  For a health maintenance organization which has not

 174-3   received a certificate of authority from the State Board of

 174-4   Insurance prior to September 1, 1987:

 174-5               (1)  the amount of the initial deposit or other

 174-6   guarantee shall be $100,000 for an organization offering basic

 174-7   health care services and $50,000 for an organization offering a

 174-8   single health care service plan;

 174-9               (2)  on or before March 15 of the year following the

174-10   year in which the health maintenance organization receives a

174-11   certificate of authority, it shall deposit with the comptroller

174-12   [State Treasurer] an amount equal to the difference between the

174-13   initial deposit and 100 percent of its estimated uncovered health

174-14   care expenses for the first 12 months of operation;

174-15               (3)  on or before March 15 of each subsequent year, it

174-16   shall deposit the difference between its total uncovered health

174-17   care expenses based on its annual statement from the previous year

174-18   and the total amount previously deposited and not withdrawn from

174-19   the State Treasury; and

174-20               (4)  in any year in which the amount determined in

174-21   accordance with Subdivision (3) of this subsection is zero or less

174-22   than zero, the State Board of Insurance may not require the health

174-23   maintenance organization to make any additional deposit under this

174-24   subsection.

174-25         (g)  If one or more of the requirements is waived, any amount

174-26   previously deposited shall remain on deposit until released in

174-27   whole or in part by the comptroller [State Treasurer] upon order of

 175-1   the State Board of Insurance pursuant to Subsection (f) of this

 175-2   section.

 175-3         (h)  A health maintenance organization that has made a

 175-4   deposit with the comptroller [State Treasurer] may, at its option,

 175-5   withdraw the deposit or any part thereof, first having deposited

 175-6   with the comptroller [State Treasurer], in lieu thereof, a deposit

 175-7   of cash or securities of equal amount and value to that withdrawn.

 175-8   Any securities shall be approved by the State Board of Insurance

 175-9   before being substituted.

175-10         SECTION 11.43.  Article 20A.18(f), Texas Health Maintenance

175-11   Organization Act (Article 20A.18, Vernon's Texas Insurance Code),

175-12   is amended to read as follows:

175-13         (f)  Instead of a bond, the management contractor may deposit

175-14   with the comptroller [State Treasurer] cash or securities

175-15   acceptable to the State Board of Insurance.  Such a deposit must be

175-16   maintained in the amount and subject to the same conditions as

175-17   required for a bond under this section.

175-18         SECTION 11.44.  Article 20A.30(c), Texas Health Maintenance

175-19   Organization Act (Vernon's Texas  Insurance Code), is amended to

175-20   read as follows:

175-21         (c)  Instead of a bond, a health maintenance organization may

175-22   deposit cash with the comptroller [State Treasurer].  Such a

175-23   deposit must be maintained in the amount and subject to the same

175-24   conditions required for a bond under this section.

175-25         SECTION 11.45.  Section 2(d), Article 21.07, Insurance Code,

175-26   is amended to read as follows:

175-27         (d)  The Board shall issue a license to a corporation if the

 176-1   Board finds:

 176-2               (1)  That the corporation is a Texas corporation

 176-3   organized or existing under the Texas Business Corporation Act

 176-4   having its principal place of business in the State of Texas and

 176-5   having as one of its purposes the authority to act as an agent

 176-6   covered by this Article;

 176-7               (2)  That every officer, director, and shareholder of

 176-8   the corporation is individually licensed under the provisions of

 176-9   this Article, or that every officer and director of the corporation

176-10   is individually licensed under this Article, that the corporation

176-11   is a wholly owned subsidiary of a parent corporation that is

176-12   licensed under this Article, and that every shareholder of the

176-13   parent corporation is individually licensed under this Article; and

176-14               (3)  That such corporation will have the ability to pay

176-15   any sums up to $25,000 which it might become legally obligated to

176-16   pay on account of any claim made against it by any customer and

176-17   caused by any negligent act, error, or omission of the corporation

176-18   or any person for whose acts the corporation is legally liable in

176-19   the conduct of its business under this Article.  The term

176-20   "customer" means any person, firm, or corporation to whom such

176-21   corporation sells or attempts to sell a policy of insurance, or

176-22   from whom such corporation accepts an application for insurance.

176-23   Such ability shall be proven in one of the following ways:

176-24                     (A)  an errors and omissions policy insuring such

176-25   corporation against errors and omissions in at least the sum of

176-26   $100,000 with no more than a $10,000 deductible feature issued by

176-27   an insurance company licensed to do business in the State of Texas

 177-1   or, if a policy cannot be obtained from a company licensed to do

 177-2   business in Texas, a policy issued by a company not licensed to do

 177-3   business in Texas on filing an affidavit with the State Board of

 177-4   Insurance stating the inability to obtain coverage and receiving

 177-5   the Board's approval;

 177-6                     (B)  a bond executed by such corporation as

 177-7   principal and a surety company authorized to do business in this

 177-8   State, as surety, in the principal sum of $25,000, payable to the

 177-9   State Board of Insurance for the use and benefit of customers of

177-10   such corporation, conditioned that such corporation shall pay any

177-11   final judgment recovered against it by any customer; or

177-12                     (C)  a deposit of cash or securities of the class

177-13   authorized by Articles 2.08 and 2.10, Insurance Code, as amended,

177-14   having a fair market value of $25,000 with the comptroller [State

177-15   Treasurer].  The comptroller [State Treasurer] is directed to

177-16   accept and receive such deposit and hold it exclusively for the

177-17   protection of any customer of such corporation recovering a final

177-18   judgment against such corporation.  Such deposit may be withdrawn

177-19   only upon filing with the Board evidence satisfactory to it that

177-20   the corporation has withdrawn from business and has no unsecured

177-21   liabilities outstanding, or that such corporation has provided for

177-22   the protection of its customers by furnishing an errors and

177-23   omissions policy or a bond as provided.  Securities so deposited

177-24   may be exchanged from time to time for other qualified securities.

177-25         A binding commitment to issue such a policy or bond, or the

177-26   tender of such securities, shall be sufficient in connection with

177-27   any application for license.

 178-1         Nothing contained herein shall be construed to permit any

 178-2   unlicensed employee or agent of any corporation to perform any act

 178-3   of an agent under this Article without obtaining a license.

 178-4         If at any time, any corporation holding an agent's license

 178-5   does not maintain the qualifications necessary to obtain a license,

 178-6   the license of such corporation to act as an agent shall be

 178-7   cancelled or denied in accordance with the provisions of Sections

 178-8   10 and 11 of this Article; provided, however, that should any

 178-9   person who is not a licensed agent under this Article acquire

178-10   shares in such a corporation by devise or descent, that person

178-11   shall have a period of 90 days from date of acquisition within

178-12   which to obtain a license or to dispose of the shares to a person

178-13   licensed under this Article.

178-14         Should such an unlicensed person acquire shares in a

178-15   corporation and not dispose of them within a period of 90 days to a

178-16   licensed agent, then they must be purchased by the corporation for

178-17   their book value, that is, the value of said shares of stock as

178-18   reflected by the regular books and records of said corporation, as

178-19   of the date of the acquisition of said shares by said unlicensed

178-20   person.  Should the corporation fail or refuse to so purchase such

178-21   shares, its license shall be cancelled.

178-22         Any such corporation shall have the power to redeem the

178-23   shares of any shareholder, or the shares of a deceased shareholder,

178-24   upon such terms as may be agreed upon by the board of directors and

178-25   such shareholder or such shareholder's personal representative, or

178-26   at a price and upon such terms as may be provided in the articles

178-27   of incorporation, the bylaws, or an existing contract entered into

 179-1   between the shareholders of the corporation.

 179-2         Each corporation licensed as an agent under this Article

 179-3   shall file, under oath, a list of the names and addresses of all of

 179-4   its officers, directors, and shareholders with its application for

 179-5   renewal license.

 179-6         Each corporation shall notify the State Board of Insurance

 179-7   upon any change in its officers, directors, or shareholders not

 179-8   later than the 30th day after the date on which the change becomes

 179-9   effective.

179-10         Except as provided by Subdivision (2) of this subsection, a

179-11   corporation may not own any interest in another corporation

179-12   licensed under this Article, and each owner of an interest in a

179-13   corporation licensed under this Article shall be a natural person

179-14   who holds a valid license issued under this Article.

179-15         SECTION 11.46.  Section 4(e), Chapter 213, Acts of the 54th

179-16   Legislature, Regular Session, 1955 (Article 21.07-1, Vernon's Texas

179-17   Insurance Code), is amended to read as follows:

179-18         (e)  The Commissioner shall issue a license to a corporation

179-19   if the Commissioner finds:

179-20               (1)  That the corporation is a Texas corporation

179-21   organized or existing under the Texas Business Corporation Act or

179-22   the Texas Professional Corporation Act having its principal place

179-23   of business in the State of Texas and having as one of its purposes

179-24   the authority to act as agent under this Act;

179-25               (2)  That every officer, director, and shareholder of

179-26   the corporation is individually licensed as an agent under the

179-27   provisions of this Act, or that every officer and director of the

 180-1   corporation is individually licensed under this Act, that the

 180-2   corporation is a wholly owned subsidiary of a parent corporation

 180-3   that is licensed under this Act, and that every shareholder of the

 180-4   parent corporation is individually licensed under this Act; and

 180-5               (3)  That such corporation will have the ability to pay

 180-6   any sums up to $25,000 which it might become legally obligated to

 180-7   pay on account of any claim made against it by any customer and

 180-8   caused by any negligent act, error, or omission of the corporation

 180-9   or any person for whose acts the corporation is legally liable in

180-10   the conduct of its business as under this Act. The term "customer"

180-11   as used herein shall mean any person, firm, or corporation to whom

180-12   such corporation sells or attempts to sell a policy of insurance or

180-13   from whom such corporation accepts an application for insurance.

180-14   Such ability shall be proven in one of the following ways:

180-15                     (A)  An errors and omissions policy insuring such

180-16   corporation against errors and omissions in at least the sum of

180-17   $100,000 with no more than a $10,000 deductible feature issued by

180-18   an insurance company licensed to do business in the State of Texas

180-19   or, if a policy cannot be obtained from a company licensed to do

180-20   business in Texas, a policy issued by a company not licensed to do

180-21   business in Texas on filing an affidavit with the State Board of

180-22   Insurance stating the inability to obtain coverage and receiving

180-23   the Board's approval; or

180-24                     (B)  A bond executed by such corporation as

180-25   principal and a surety company authorized to do business in this

180-26   State, as surety, in the principal sum of $25,000, payable to the

180-27   State Board of Insurance for the use and benefit of customers of

 181-1   such corporation, conditioned that such corporation shall pay any

 181-2   final judgment recovered against it by any customer; or

 181-3                     (C)  A deposit of cash or securities of the class

 181-4   authorized by Articles 2.08 and 2.10 of the Insurance Code, having

 181-5   a fair market value of $25,000 with the comptroller [State

 181-6   Treasurer].  The comptroller [State Treasurer] is hereby authorized

 181-7   and directed to accept and receive such deposit and hold it

 181-8   exclusively for the protection of any customer of such corporation

 181-9   recovering a final judgment against such corporation.  Such deposit

181-10   may be withdrawn only upon filing with the Commissioner

181-11   satisfactory evidence that the corporation has withdrawn from

181-12   business and has no unsecured liabilities outstanding, or that such

181-13   corporation has provided for the protection of its customers by

181-14   furnishing an errors and omissions policy or a bond as provided.

181-15   Securities so deposited may be exchanged from time to time for

181-16   other qualified securities.

181-17         A binding commitment to issue such a policy or bond, or the

181-18   tender of such securities, shall be sufficient in connection with

181-19   any application for license.

181-20         Nothing contained herein shall be construed to permit any

181-21   unlicensed employee or agent of any corporation to perform any act

181-22   of an agent under this Act without obtaining a license.

181-23         If at any time, any corporation holding a license under this

181-24   Act does not maintain the qualifications necessary to obtain a

181-25   license, the license of such corporation to act as an agent shall

181-26   be cancelled or denied in accordance with the provisions of

181-27   Sections 12 and 13 of this Act; provided, however, that should any

 182-1   person who is not an agent licensed under this Act acquire shares

 182-2   in such a corporation by devise or descent, they shall have a

 182-3   period of 90 days from date of acquisition within which to obtain a

 182-4   license as an agent or to dispose of the shares to an agent

 182-5   licensed under this Act.

 182-6         Should such an unlicensed person acquire shares in such a

 182-7   corporation and not dispose of them within said period of 90 days

 182-8   to a licensed agent, then they must be purchased by the corporation

 182-9   for their book value, that is, the value of said shares of stock as

182-10   reflected by the regular books and records of said corporation as

182-11   of the date of the acquisition of said shares by said unlicensed

182-12   person.  Should the corporation fail or refuse to so purchase such

182-13   shares, its license shall be cancelled.

182-14         Any such corporation shall have the power to redeem the

182-15   shares of any shareholder, or the shares of a deceased shareholder,

182-16   upon such terms as may be agreed upon by the board of directors and

182-17   such shareholder or such shareholder's personal representative, or

182-18   at such price and upon such terms as may be provided in the

182-19   articles of incorporation, the bylaws, or an existing contract

182-20   entered into between the shareholders of the corporation.

182-21         Each corporation licensed as an agent under this Act shall

182-22   file, under oath, a list of the names and addresses of all of its

182-23   officers, directors, and shareholders with its application for

182-24   renewal license.

182-25         Each corporation licensed as an agent under this Act shall

182-26   notify the State Board of Insurance upon any change in its

182-27   officers, directors, or shareholders not later than the 30th day

 183-1   after the date on which the change became effective.

 183-2         Except as provided by Subdivision (2) of this subsection, a

 183-3   corporation may not own any interest in another corporation

 183-4   licensed under this Act, and each owner of an interest in a

 183-5   corporation licensed under this Act shall be a natural person who

 183-6   holds a valid license issued under this Act.

 183-7         No association or any legal entity of any nature, other than

 183-8   an individual person, general partnership, or corporation, may be

 183-9   licensed as a life insurance agent.

183-10         SECTION 11.47.  Section 4C, Managing General Agents'

183-11   Licensing Act (Article 21.07-3, Vernon's Texas Insurance Code), is

183-12   amended to read as follows:

183-13         Sec. 4C.  Security for liability.  (a)  Each person, firm, or

183-14   corporation licensed as a managing general agent under this Act

183-15   must have the ability to pay an amount up to $100,000 for which the

183-16   managing general agent may become legally obligated to pay on

183-17   account of any claim against the managing general agent by a

183-18   policyholder and caused by a negligent act, error, or omission of

183-19   the managing general agent or any person for whose acts the

183-20   managing general agent is legally liable in the conduct of its

183-21   business as a managing general agent.  This ability to pay shall be

183-22   proved in one of the following ways:

183-23               (1)  an errors and omissions policy insuring the

183-24   managing general agent against errors and omissions in at least the

183-25   sum of $100,000, with a deductible that is not greater than 10

183-26   percent of the face amount of the policy, issued by a company

183-27   licensed to do business in this state or issued by a surplus lines

 184-1   insurer under Article 1.14-2 of this code, that is not affiliated

 184-2   with or an affiliate of the managing general agent;

 184-3               (2)  a bond executed by the managing general agent as

 184-4   principal and by a surety company authorized to do business in this

 184-5   state, as surety, or surplus lines insurer eligible to do business

 184-6   in this state in the principal sum of $100,000 payable to the board

 184-7   for the use and benefit of policyholders of the managing general

 184-8   agent, conditioned that the managing general agent will pay any

 184-9   final judgment recovered against it by a policyholder; or

184-10               (3)  a deposit with the comptroller [state treasurer]

184-11   of cash or securities of the class authorized by Articles 2.08 and

184-12   2.10 of this code that have a fair market value of $100,000.

184-13         (b)  The comptroller [state treasurer] shall accept the

184-14   deposit under Subsection (a)(3) of this section and hold it

184-15   exclusively for the protection of any policyholder of the managing

184-16   general agent who recovers a final nonappealable judgment against

184-17   the managing general agent.  The deposit may be withdrawn only on

184-18   filing with the board evidence satisfactory to the board that the

184-19   managing general agent has withdrawn from business and has no

184-20   unsecured liabilities outstanding, or that the managing general

184-21   agent has provided for the protection of its policyholders by

184-22   furnishing an errors and omissions policy or a bond as provided by

184-23   Subsection (a)(1) or (2) of this section.  Securities that are

184-24   deposited under Subsection (a)(3) of this section may be exchanged

184-25   for other qualified securities.  A binding commitment to issue a

184-26   policy or bond or the tender of the securities is sufficient in

184-27   connection with an application for license.

 185-1         SECTION 11.48.  Section 3(c), Article 21.14, Insurance Code,

 185-2   is amended to read as follows:

 185-3         (c)  The Department shall issue a license to a corporation if

 185-4   the Department finds:

 185-5               (1)  That the corporation is a Texas corporation

 185-6   organized or existing under the Texas Business Corporation Act or

 185-7   the Texas Professional Corporation Act having its principal place

 185-8   of business in the State of Texas and having as one of its purposes

 185-9   the authority to act as a local recording agent; and

185-10               (2)  That every officer, director and shareholder of

185-11   the corporation is individually licensed as a local recording agent

185-12   under the provisions of this Insurance Code, except as may be

185-13   otherwise permitted by this Section or Section 3a of this article,

185-14   or that every officer and director of the corporation is

185-15   individually licensed as a local recording agent under this

185-16   Insurance Code, that the corporation is a wholly owned subsidiary

185-17   of a parent corporation that is licensed as a local recording agent

185-18   under this Insurance Code, and that every shareholder of the parent

185-19   corporation is individually licensed as a local recording agent

185-20   under this Insurance Code, and except as specifically provided by

185-21   this article, that no shareholder of the corporation is a corporate

185-22   entity; and

185-23               (3)  That such corporation will have the ability to pay

185-24   any sums up to $25,000 which it might become legally obligated to

185-25   pay on account of any claim made against it by any customer and

185-26   caused by any negligent act, error or omission of the corporation

185-27   or any person for whose acts the corporation is legally liable in

 186-1   the conduct of its business as a local recording agent.  The term

 186-2   "customer" as used herein shall mean any person, firm or

 186-3   corporation to whom such corporation sells or attempts to sell a

 186-4   policy of insurance, or from whom such corporation accepts an

 186-5   application for insurance.  Such ability shall be proven in one of

 186-6   the following ways:

 186-7                     (A)  An errors and omissions policy insuring such

 186-8   corporation against errors and omissions, in at least the sum of

 186-9   $100,000 with no more than a $10,000 deductible feature or the sum

186-10   of at least $300,000 with no more than a $25,000 deductible

186-11   feature, issued by an insurance company licensed to do business in

186-12   the State of Texas or, if a policy cannot be obtained from a

186-13   company licensed to do business in Texas, a policy issued by a

186-14   company not licensed to do business in Texas, on filing an

186-15   affidavit with the Texas Department of Insurance stating the

186-16   inability to obtain coverage and receiving the Department's

186-17   approval; or

186-18                     (B)  A bond executed by such corporation as

186-19   principal and a surety company authorized to do business in this

186-20   state, as surety, in the principal sum of $25,000, payable to the

186-21   Texas Department of Insurance for the use and benefit of customers

186-22   of such corporation, conditioned that such corporation shall pay

186-23   any final judgment recovered against it by any customer; or

186-24                     (C)  A deposit of cash or securities of the class

186-25   authorized by Articles 2.08 and 2.10 of this Code, having a fair

186-26   market value of $25,000 with the comptroller [State Treasurer].

186-27   The comptroller [State Treasurer] is hereby authorized and directed

 187-1   to accept and receive such deposit and hold it exclusively for the

 187-2   protection of any customer of such corporation recovering a final

 187-3   judgment against such corporation.  Such deposit may be withdrawn

 187-4   only upon filing with the Department evidence satisfactory to it

 187-5   that the corporation has withdrawn from business, and has no

 187-6   unsecured liabilities outstanding, or that such corporation has

 187-7   provided for the protection of its customers by furnishing an

 187-8   errors and omissions policy or a bond as hereinbefore provided.

 187-9   Securities so deposited may be exchanged from time to time for

187-10   other qualified securities.

187-11         A binding commitment to issue such a policy or bond, or the

187-12   tender of such securities, shall be sufficient in connection with

187-13   any application for license.

187-14         Nothing contained herein shall be construed to permit any

187-15   unlicensed employee or agent of any corporation to perform any act

187-16   of a local recording agent without obtaining a local recording

187-17   agent's license.  The Department shall not require a corporation to

187-18   take the examination provided in Section 6 of this Article 21.14.

187-19         If at any [an] time, any corporation holding a local

187-20   recording agent's license does not maintain the qualifications

187-21   necessary to obtain a license, the license of such corporation to

187-22   act as a local recording agent shall be cancelled or denied in

187-23   accordance with the provisions of Sections 16, 17 and 18 of this

187-24   Article 21.14; provided, however, that should any person who is not

187-25   a licensed local recording agent acquire shares in such a

187-26   corporation by devise or descent, they shall have a period of 90

187-27   days from date of acquisition within which to obtain a license as a

 188-1   local recording agent or to dispose of the shares to a licensed

 188-2   local recording agent except as may be permitted by Section 3a of

 188-3   this article.

 188-4         Should such an unlicensed person, except as may be permitted

 188-5   by Section 3a of this article, acquire shares in such a corporation

 188-6   and not dispose of them within said period of 90 days to a licensed

 188-7   local recording agent, then they must be purchased by the

 188-8   corporation for their book value, that is, the value of said shares

 188-9   of stock as reflected by the regular books and records of said

188-10   corporation, as of the date of the acquisition of said shares by

188-11   said unlicensed person.  Should the corporation fail or refuse to

188-12   so purchase such shares, its license shall be cancelled.

188-13         Any such corporation shall have the power to redeem the

188-14   shares of any shareholder, or the shares of a deceased shareholder,

188-15   upon such terms as may be agreed upon by the Board of Directors and

188-16   such shareholder or his personal representative, or at such price

188-17   and upon such terms as may be provided in the Articles of

188-18   Incorporation, the Bylaws, or an existing contract entered into

188-19   between the shareholders of the corporation.

188-20         Each corporation licensed as a local recording agent shall

188-21   file, under oath, a list of the names and addresses of all of its

188-22   officers, directors and shareholders with its application for

188-23   renewal license.

188-24         Each corporation licensed as a local recording agent shall

188-25   notify the Texas Department of Insurance upon any change in its

188-26   officers, directors or shareholders not later than the 30th day

188-27   after the date on which the change became effective.

 189-1         The term "firm" as it applies to local recording agents in

 189-2   Sections 2, 12 and 16 of this Article 21.14 shall be construed to

 189-3   include corporations.

 189-4         SECTION 11.49.  Section 2(h), Article 21.28, Insurance Code,

 189-5   is amended to read as follows:

 189-6         (h)  Depositories.  Except as provided by this subsection,

 189-7   all money collected by the receiver shall be forthwith deposited

 189-8   into the Texas Treasury Safekeeping Trust Company in accordance

 189-9   with procedures established by the comptroller [state treasurer].

189-10   The receiver may deposit the money in any bank, banks, or savings

189-11   and loan association or associations in this State insured by a

189-12   federal agency that provides for deposit insurance if the receiver,

189-13   in the exercise of sound financial judgment, determines that it

189-14   would be advantageous to do so.  The funds collected or realized

189-15   from the assets of each insurer for which the receiver has been

189-16   appointed shall be accounted for by the receiver separately from

189-17   all other funds.  Whenever any account in a bank or savings and

189-18   loan association exceeds the maximum amount insured by the

189-19   appropriate federal agency, the receiver is hereby authorized and

189-20   directed to make such contracts and require such security as it may

189-21   deem proper for the safeguarding of such deposit without approval

189-22   of the court.

189-23         SECTION 11.50.  Sections 8(g) and (h), Article 21.28,

189-24   Insurance Code, are amended to read as follows:

189-25         (g)  Unclaimed Funds.  Unclaimed dividends on approved

189-26   claims, unclaimed returned assessments, and all other unclaimed

189-27   funds subject to distribution to claimants, policyholders or other

 190-1   persons, remaining in the receiver's hands after payment of the

 190-2   final dividend shall be delivered to the Board at the time the

 190-3   receivership is closed, or in the event a final dividend is paid

 190-4   less than ninety (90) days prior to the closing of the

 190-5   receivership, the receiver may continue the bank account or

 190-6   accounts of such receivership from which such funds might be paid,

 190-7   for a period of time not to exceed ninety (90) days from the date

 190-8   of the closing of said receivership, before the same are so

 190-9   delivered to the Board.  Such funds shall be deposited by the Board

190-10   in trust in a special account to be maintained with the comptroller

190-11   [State Treasurer].

190-12         (h)  Recovery by Owner.  On receipt of satisfactory written

190-13   and verified proof of ownership within two (2) years from the date

190-14   such funds are so deposited with the comptroller [State Treasurer],

190-15   the Board shall certify such facts to the Comptroller [of Public

190-16   Accounts], who shall issue proper warrant therefor in favor of the

190-17   parties respectively entitled thereto, drawn on the State Treasury

190-18   [Treasurer].

190-19         SECTION 11.51.  Section 8A, Article 21.28, Insurance Code, is

190-20   amended to read as follows:

190-21         Sec. 8A.  Settlement of claims; abandoned funds; re-opening

190-22   of receiverships.  Any and all assets other than cash remaining in

190-23   the receiver's hands after payment of the final dividend may be

190-24   conveyed, transferred or assigned to the commissioner to be handled

190-25   as a trust.  The commissioner shall have authority to convey,

190-26   transfer, and assign any assets, including causes of action,

190-27   judgments, and claims, and to settle or release causes of action,

 191-1   judgments, claims, and liens on such terms and for such amounts as

 191-2   he deems for the best interest of such trust, whether such assets

 191-3   have heretofore or may hereafter come into his hands.  From

 191-4   proceeds derived from any such assets the commissioner or the

 191-5   special deputy receiver shall defray the costs incident to the

 191-6   sale, settlement, release or other transaction whereby such

 191-7   proceeds are obtained, and deliver the remainder to the Board to be

 191-8   deposited by it in trust in a special account to be maintained with

 191-9   the comptroller [State Treasurer] to be handled, disposed of and

191-10   used as follows:

191-11         An order directing disposition of such funds may be made by a

191-12   court of competent jurisdiction of Travis County, Texas, upon

191-13   application of the commissioner, after notice and hearing.  Notice

191-14   shall be posted on the courthouse door of said court for at least

191-15   twenty (20) days before a hearing is had on the commissioner's

191-16   application, and notice shall be published at least once, and at

191-17   least ten (10) days prior to the date set for such hearing, in a

191-18   newspaper of general circulation in Travis County.  Such notice

191-19   shall state the amount of the funds and the receivership from which

191-20   they were derived.  It shall be addressed to all persons having an

191-21   interest, as claimant or otherwise, in the assets of the particular

191-22   receivership involved in the application, and shall state generally

191-23   that a hearing shall be had on the date specified for the purpose

191-24   of determining the disposition to be made of such funds, including

191-25   a declaration that such funds are abandoned and the property of the

191-26   State Board of Insurance.

191-27         If the court finds that funds derived from any receivership

 192-1   are sufficient to justify re-opening of the receivership and

 192-2   payment of a dividend, then such may be ordered, but otherwise, if

 192-3   such funds are insufficient for that purpose, the court may declare

 192-4   such funds abandoned and a certified copy of such judgment will be

 192-5   authority for the comptroller [Comptroller of Public Accounts] to

 192-6   issue a Warrant therefor to the State Board of Insurance.  The

 192-7   Board shall forthwith deposit such funds in accordance with the

 192-8   provisions of Section 2(h) of this Article, except that funds

 192-9   derived from one insurer need not be kept separate from funds

192-10   derived through any other insurer.

192-11         Such funds may be used as provided in Section 8(j) of this

192-12   Article.

192-13         SECTION 11.52.  Section 8(j), Texas Property and Casualty

192-14   Insurance Guaranty Act (Article 21.28-C, Insurance Code), is

192-15   amended to read as follows:

192-16         (j)  The board of directors may deposit all money collected

192-17   by the association into the Texas Treasury Safekeeping Trust

192-18   Company in accordance with procedures established by the

192-19   comptroller [state treasurer].  The funds deposited shall be

192-20   accounted for separately from all other funds by the comptroller

192-21   [state treasurer] to the association.

192-22         SECTION 11.53.  Section 20(c), Texas Property and Casualty

192-23   Insurance Guaranty Act (Article 21.28-C, Insurance Code), is

192-24   amended to read as follows:

192-25         (c)  If the association at any time determines that there

192-26   exist moneys in the account for any line of business in excess of

192-27   those reasonably necessary for efficient future operation under the

 193-1   terms of this Act, it shall cause those excess moneys to be

 193-2   returned pro rata to the holders of any participation receipts on

 193-3   which there is a balance outstanding after deducting any credits

 193-4   taken against premium taxes as authorized in Section 21 of this

 193-5   Act, which receipts were issued for an assessment on the same line

 193-6   of business as that for which the excess moneys are found to exist.

 193-7   If after such a distribution the association finds that an excess

 193-8   amount still exists in the fund, or if there are no such

 193-9   participation receipts on which there is an outstanding balance, it

193-10   shall cause the excess amount to be deposited with the comptroller

193-11   [state treasurer] to the credit of the general revenue fund.

193-12         SECTION 11.54.  Section 9(n), Life, Accident, Health, and

193-13   Hospital Service Insurance Guaranty Association Act (Article

193-14   21.28-D, Insurance Code), is amended to read as follows:

193-15         (n)  All assessments collected by the association may be

193-16   deposited into the Texas Treasury Safekeeping Trust Company in

193-17   accordance with procedures established by the comptroller [state

193-18   treasurer].  The funds deposited shall be accounted for separately

193-19   from all other funds by the comptroller [state treasurer] to the

193-20   association.

193-21         SECTION 11.55.  Section 13(c), Life, Accident, Health, and

193-22   Hospital Service Insurance Guaranty Association Act (Article

193-23   21.28-D, Insurance Code), is amended to read as follows:

193-24         (c)  Any sums acquired by refund, pursuant to Section 9(j) of

193-25   this Act, from the association which have theretofore been written

193-26   off by contributing insurers and offset against premium taxes as

193-27   provided in Subsection (b) of this section, and are not then needed

 194-1   for purposes of this Act, shall be paid by the association to the

 194-2   commissioner and by him deposited with the comptroller [state

 194-3   treasurer] for credit to the general fund of this state.

 194-4         SECTION 11.56.  Sections 7(a) and (b), Article 21.43,

 194-5   Insurance Code, are amended to read as follows:

 194-6         (a)  No alien insurance corporation shall transact business

 194-7   in this State, unless it shall first deposit and keep deposited

 194-8   with the comptroller [Treasurer of this State], for the benefit of

 194-9   the policyholders of such company, citizens, or residents of the

194-10   United States, bonds or securities of the United States or the

194-11   State of Texas in an amount at least equal to the minimum capital

194-12   required to be maintained by a domestic stock insurer licensed to

194-13   transact the same kind of insurance, or at least equal to one-half

194-14   the minimum free surplus required to be maintained by a domestic

194-15   mutual insurer licensed to transact the same kind of insurance.

194-16         (b)  Upon approval of the commissioner in accordance with

194-17   Section 10 of this article, a licensed alien insurer may be

194-18   permitted to deposit assets with a trustee or trustees for the

194-19   security of its policyholders in the United States in lieu of

194-20   making the deposit with the comptroller [Treasurer of this State]

194-21   so long as such assets are composed of securities or bonds of the

194-22   United States or this State and are maintained in accordance with

194-23   provisions of Section 10 of this article.

194-24         SECTION 11.57.  Section 8(i), Texas Catastrophe Property

194-25   Insurance Pool Act (Article 21.49, Insurance Code), is amended to

194-26   read as follows:

194-27         (i)  The association may enter into a written agreement with

 195-1   the Texas Department of Insurance under which the association

 195-2   members relinquish their net equity pursuant to the written

 195-3   agreement on an annual basis by making payments to a fund known as

 195-4   the catastrophe reserve trust fund to be held by the Texas

 195-5   Department of Insurance outside the state treasury to protect

 195-6   policyholders of the association and to reduce the potential for

 195-7   payments by members of the association giving rise to tax credits

 195-8   in the event of loss or losses.

 195-9         The catastrophe reserve trust fund shall be kept and

195-10   maintained by the Texas Department of Insurance pursuant to the

195-11   written agreement between the association, the Texas Department of

195-12   Insurance, [the state treasurer,] and the comptroller.  Legal title

195-13   to money and investments in the fund is in the Texas Department of

195-14   Insurance unless or until paid out as provided by the written

195-15   agreement.  The comptroller [state treasurer], as custodian, shall

195-16   administer the funds strictly and solely as provided by the

195-17   agreement and the state may not take any action with respect to the

195-18   fund other than as specified by this act and the agreement.

195-19         On the effective date of an agreement, all funds held on

195-20   behalf of or paid to the association under one or more reinsurance

195-21   plans or programs may be immediately paid to the catastrophe

195-22   reserve trust fund.  Thereafter, at the end of either each calendar

195-23   year or policy year, the association may pay the net equity of a

195-24   member, including all premium and other revenue of the association

195-25   in excess of incurred losses and operating expenses to the

195-26   catastrophe reserve trust fund or a reinsurance program approved by

195-27   the Commissioner of Insurance.

 196-1         The written agreement shall establish the procedure relating

 196-2   to the disbursement of funds from the catastrophe reserve trust

 196-3   fund to policyholders in the event of an occurrence or series of

 196-4   occurrences within the defined catastrophe area that results in

 196-5   insured losses and operating expenses of the association greater

 196-6   than $100 million.

 196-7                   ARTICLE 12.  CHANGES TO LABOR CODE

 196-8         SECTION 12.01.  Section 203.002, Labor Code, is amended to

 196-9   read as follows:

196-10         Sec. 203.002.  DUTIES OF [TREASURER AND] COMPTROLLER.

196-11   (a)  The comptroller [treasurer] is treasurer and custodian of the

196-12   compensation fund and the special administration fund and shall

196-13   administer the funds in accordance with the directions of the

196-14   commission.

196-15         (b)  The comptroller shall issue warrants on the compensation

196-16   fund in accordance with rules adopted by the commission.

196-17         (c)  The comptroller shall issue warrants on the special

196-18   administration fund in accordance with the directions of the

196-19   commission.

196-20         SECTION 12.02.  Section 203.003, Labor Code, is amended to

196-21   read as follows:

196-22         Sec. 203.003.  COMPTROLLER'S [TREASURER'S] BOND LIABILITY.

196-23   The comptroller [treasurer] is liable on the comptroller's

196-24   [treasurer's] official bond for the faithful performance of the

196-25   comptroller's [treasurer's] duties under this subtitle in

196-26   connection with the compensation fund, the administration fund, and

196-27   the special administration fund.  This liability is in addition to

 197-1   liability on any separate bond that the comptroller [treasurer] may

 197-2   give.

 197-3         SECTION 12.03.  Section 203.021(d), Labor Code, is amended to

 197-4   read as follows:

 197-5         (d)  The comptroller [treasurer] shall maintain in the

 197-6   compensation fund:

 197-7               (1)  a clearing account;

 197-8               (2)  a federal trust fund account; and

 197-9               (3)  a benefit account.

197-10         SECTION 12.04.  Section 203.022(a), Labor Code, is amended to

197-11   read as follows:

197-12         (a)  On receipt of any money payable to the compensation

197-13   fund, the commission shall forward the money to the comptroller

197-14   [treasurer], who shall immediately deposit it in the clearing

197-15   account.

197-16         SECTION 12.05.  Section 203.023(c), Labor Code, is amended to

197-17   read as follows:

197-18         (c)  On receipt of money requisitioned from the federal trust

197-19   fund, the comptroller [treasurer] shall deposit it in the benefit

197-20   account.

197-21         SECTION 12.06.  Section 203.024(a), Labor Code, is amended to

197-22   read as follows:

197-23         (a)  Except as otherwise provided by this subchapter, the

197-24   comptroller [treasurer], under the direction of the commission, may

197-25   deposit money credited to the clearing and benefit accounts in a

197-26   bank or public depository in which general funds of this state may

197-27   be deposited.

 198-1         SECTION 12.07.  Sections 203.032(b)-(d), Labor Code, are

 198-2   amended to read as follows:

 198-3         (b)  If the federal trust fund ceases to exist or the

 198-4   secretary of the treasury ceases to maintain a separate book

 198-5   account for this state in the federal trust fund, all money,

 198-6   property, or securities in the federal trust fund that belong to

 198-7   the compensation fund shall be transferred to the comptroller

 198-8   [treasurer].  The comptroller [treasurer] shall hold, invest,

 198-9   transfer, deposit, and release the money, property, or securities

198-10   in a manner approved by the commission in accordance with this

198-11   subtitle.

198-12         (c)  Money held by the comptroller [treasurer] under

198-13   Subsection (b) shall be invested in readily marketable bonds or

198-14   other interest-bearing obligations of the United States of America.

198-15   The money shall be invested in such a manner that the assets of the

198-16   compensation fund are readily convertible at all times into cash as

198-17   needed for the payment of benefits.

198-18         (d)  The comptroller [treasurer] may dispose of securities or

198-19   other property belonging to the compensation fund only under the

198-20   direction of the commission.

198-21         SECTION 12.08.  Section 203.102(a), Labor Code, is amended to

198-22   read as follows:

198-23         (a)  The advance interest trust fund is a trust fund in the

198-24   custody of the comptroller [treasurer].

198-25         SECTION 12.09.  Section 203.103, Labor Code, is amended to

198-26   read as follows:

198-27         Sec. 203.103.  TRANSFER TO SPECIAL ADMINISTRATION FUND.  The

 199-1   [treasurer and the] comptroller shall transfer all income earned

 199-2   after April 1, 1983, from investment of the advance interest trust

 199-3   fund and other funds appropriated for that purpose to the special

 199-4   administration fund for the administration of Chapters 51, 61, and

 199-5   62.

 199-6         SECTION 12.10.  Section 204.122, Labor Code, is amended to

 199-7   read as follows:

 199-8         Sec. 204.122.  HOLDING FUND.  (a)  The holding fund is a

 199-9   special trust fund in the custody of the comptroller [state

199-10   treasurer] separate and apart from all public money or funds of

199-11   this state.

199-12         (b)  The comptroller [state treasurer] shall administer the

199-13   holding fund in accordance with the directions of the commission.

199-14   Interest accruing on amounts in the holding fund shall be deposited

199-15   quarterly to the credit of the compensation fund.

199-16         SECTION 12.11.  Section 210.012, Labor Code, is amended to

199-17   read as follows:

199-18         Sec. 210.012.  DEADLINE FOR PAYMENT OF WARRANT.  The

199-19   comptroller [treasurer] may not pay a warrant issued for benefits

199-20   unless the warrant is presented for payment before the first

199-21   anniversary of the date on which the warrant was issued.

199-22         SECTION 12.12.  Section 407.065(c), Labor Code, is amended to

199-23   read as follows:

199-24         (c)  The certified self-insurer shall deposit the security

199-25   with the comptroller [state treasurer] on behalf of the director.

199-26   The comptroller [state treasurer] may accept securities for deposit

199-27   or withdrawal only on the written order of the director.

 200-1         SECTION 12.13.  Section 417.001(d), Labor Code, is amended to

 200-2   read as follows:

 200-3         (d)  The commission shall remit money recovered under this

 200-4   section to the comptroller [state treasurer] for deposit to the

 200-5   credit of the subsequent injury fund.

 200-6         SECTION 12.14.  Section 203.001(4), Labor Code, is repealed.

 200-7              ARTICLE 13.  CHANGES TO LOCAL GOVERNMENT CODE

 200-8         SECTION 13.01.  Section 117.002, Local Government Code, is

 200-9   amended to read as follows:

200-10         Sec. 117.002.  TRANSFER OF UNCLAIMED FUNDS TO COMPTROLLER

200-11   [STATE TREASURER].  Any funds deposited under this chapter that are

200-12   presumed abandoned under Chapter 72, 73, or 75, Property Code,

200-13   shall be reported and delivered by the county or district clerk to

200-14   the comptroller [state treasurer] without further action by any

200-15   court.  The dormancy period for funds deposited under this chapter

200-16   begins on the later of:

200-17               (1)  the date of entry of final judgment or order of

200-18   dismissal in the action in which the funds were deposited;

200-19               (2)  the 18th birthday of the minor for whom the funds

200-20   were deposited; or

200-21               (3)  a reasonable date established by rule by the

200-22   comptroller [state treasurer] to promote the public interest in

200-23   disposing of unclaimed funds.

200-24         SECTION 13.02.  Section 154.008(d), Local Government Code, is

200-25   amended to read as follows:

200-26         (d)  The comptroller shall mail a warrant for the payment to

200-27   the county treasurer.  The warrant must be:

 201-1               (1)  drawn on the state treasury;

 201-2               (2)  payable to the county treasurer; and

 201-3               (3)  registered by the comptroller [and state

 201-4   treasurer].

 201-5             ARTICLE 14.  CHANGES TO NATURAL RESOURCES CODE

 201-6         SECTION 14.01.  Section 31.059(c), Natural Resources Code, is

 201-7   amended to read as follows:

 201-8         (c)  The receiving clerk shall report to the comptroller

 201-9   [State Treasurer] and pay in kind on the last day of each month

201-10   funds in his possession which are due to the state and shall

201-11   receive a receipt in his own name.

201-12         SECTION 14.02.  Sections 51.001(5)-(10), Natural Resources

201-13   Code, are amended to read as follows:

201-14               (5)  ["State Treasurer" means the Treasurer of the

201-15   State of Texas.]

201-16               [(6)]  "Board of regents" means the board of regents of

201-17   The University of Texas System.

201-18               (6) [(7)]  "Public school land" means all land of the

201-19   state that is dedicated to the permanent school fund.

201-20               (7) [(8)]  "Asylum land" means all land of the state

201-21   that is dedicated to the various asylum funds.

201-22               (8) [(9)]  "Surveyed land" means all or part of any

201-23   tract of land surveyed either on the ground or by protraction and

201-24   dedicated to the public school fund which is unsold and for which

201-25   field notes are on file in the land office or that may be

201-26   delineated on the maps of that office as such.

201-27               (9) [(10)]  "Unsurveyed land" means any land that is

 202-1   not included in surveys on file in the land office or surveys

 202-2   delineated on maps of that office.

 202-3         SECTION 14.03.  Section 51.020(a), Natural Resources Code, is

 202-4   amended to read as follows:

 202-5         (a)  On presentation of proper proof, money paid in good

 202-6   faith to a fund in the State Treasury for public land or by a

 202-7   lessee of public land or minerals to which the fund is not entitled

 202-8   may be offset or credited by the commissioner against other sums

 202-9   owing or shall be refunded by the comptroller in the following

202-10   instances:

202-11               (1)  if an error is made in good faith and the refund,

202-12   stating to whom payment is to be made, is supported by the official

202-13   signature of the commissioner or the attorney general;

202-14               (2)  if the payment is made according to law but title

202-15   cannot issue or possession cannot pass because of a conflict in

202-16   boundaries, an erroneous sale, an erroneous lease, or other cause;

202-17               (3)  if there is a sale of leased land;

202-18               (4)  if lease money is paid on a previous forfeited

202-19   sale and the sale has been reinstated and the interest paid;

202-20               (5)  if erroneous timber sales or leases have been

202-21   made;

202-22               (6)  if overpayments have been made in final payments

202-23   to the comptroller [State Treasurer] because of decreased acreage

202-24   or other cause;

202-25               (7)  if reduction has been made in acreage of timber

202-26   sold or leased; or

202-27               (8)  if payments are made in good faith by claimants of

 203-1   land where the applicants have no right to purchase the land as

 203-2   revealed by investigation of title.

 203-3         SECTION 14.04.  Sections 51.058(a) and (b), Natural Resources

 203-4   Code, are amended to read as follows:

 203-5         (a)  An applicant shall submit with his application the

 203-6   required first payment in the form of money or remittance

 203-7   collectible on demand in Austin and convertible at par into money

 203-8   on order of the comptroller [State Treasurer] without liability.

 203-9         (b)  If a remittance is made payable to the commissioner, the

203-10   payment is not invalid for that reason, but the commissioner shall

203-11   endorse it to the comptroller [State Treasurer] without incurring

203-12   liability and the remittance shall be treated as if it were payable

203-13   to the comptroller [State Treasurer].

203-14         SECTION 14.05.  Section 51.060, Natural Resources Code, is

203-15   amended to read as follows:

203-16         Sec. 51.060.  RECORDATION OF FIRST PAYMENTS.  (a)  After each

203-17   application envelope is opened and the first payment for the land

203-18   is in the land office, the commissioner shall have the payment

203-19   listed on a daily list which shall be made in triplicate, showing

203-20   the name and address of each applicant and the purpose for which

203-21   each payment is made and shall transmit to the comptroller [State

203-22   Treasurer] all of the payments together with two of the lists.

203-23         (b)  On receiving the payments and the lists, the comptroller

203-24   [treasurer] shall compare the payments with the lists, and if the

203-25   comptroller [treasurer] finds that the payments and the lists are

203-26   correct, he shall receipt one of the lists and return it to the

203-27   commissioner and shall retain the other list.

 204-1         [(c)  On receiving the list from the treasurer, the

 204-2   commissioner shall deliver the third list to the comptroller.]

 204-3         SECTION 14.06.  Section 51.061(a), Natural Resources Code, is

 204-4   amended to read as follows:

 204-5         (a)  The comptroller [State Treasurer] shall immediately

 204-6   collect all collectible remittances and shall report to the

 204-7   commissioner [and comptroller] all remittances not collectible in

 204-8   Austin.

 204-9         SECTION 14.07.  Section 51.062, Natural Resources Code, is

204-10   amended to read as follows:

204-11         Sec. 51.062.  DISPOSITION OF FIRST PAYMENTS.  (a)  The

204-12   comptroller [State Treasurer] shall retain all first payments he

204-13   has collected until the commissioner notifies him of the final

204-14   disposition of the applications to purchase land.

204-15         (b)  After the comptroller [treasurer] is notified, he shall

204-16   return to each applicant whose application is rejected the amount

204-17   of his first payment.

204-18         (c)  [A duplicate of the notice to the treasurer of accepted

204-19   and rejected applications and the amount of the first payment shall

204-20   be transmitted to the comptroller.]

204-21         [(d)]  On the last working day of each month, the comptroller

204-22   [treasurer] shall deposit in the State Treasury to the credit of

204-23   the proper fund the amount collected by him on accepted

204-24   applications during that month.

204-25         SECTION 14.08.  Sections 51.068(b), (c), and (d), Natural

204-26   Resources Code, are amended to read as follows:

204-27         (b)  The comptroller [state treasurer] shall deposit 80

 205-1   percent of all these payments received each month to the probable

 205-2   fund to which they belong as indicated by the commissioner and

 205-3   shall hold the remaining 20 percent in the suspense account until

 205-4   definite notice is received from the commissioner as to the proper

 205-5   fund.  After definite notice is received, the comptroller [State

 205-6   Treasurer] shall credit the full amount to the proper fund.

 205-7         (c)  The commissioner shall give definite notice to the

 205-8   [State Treasurer and] comptroller immediately after he issues

 205-9   receipts to the persons making the payments.

205-10         (d)  The commissioner[, State Treasurer,] and comptroller

205-11   shall keep an account with each fund according to advices given by

205-12   them and shall retain the advices as permanent records.

205-13         SECTION 14.09.  Section 51.069, Natural Resources Code, is

205-14   amended to read as follows:

205-15         Sec. 51.069.  DISPOSITION OF PAYMENTS ON PUBLIC SCHOOL LAND.

205-16   (a)  Payments on public school land received by the commissioner

205-17   shall be transmitted to the comptroller [State Treasurer] to be

205-18   credited to the proper fund.

205-19         (b)  The comptroller [State Treasurer] shall credit payments

205-20   received on the purchase price of public school land to the

205-21   permanent school fund and payments received as interest on the

205-22   purchase of public school land to the available school fund.

205-23         SECTION 14.10.  Section 51.177(a), Natural Resources Code, is

205-24   amended to read as follows:

205-25         (a)  The commissioner shall deposit all initial and

205-26   supplemental deposits received under this subchapter to the credit

205-27   of a separate trust account in the treasury.  The comptroller

 206-1   [treasurer], on the commissioner's order, shall make disbursements

 206-2   from that account for purposes authorized by this subchapter.

 206-3         SECTION 14.11.  Section 52.020, Natural Resources Code, is

 206-4   amended to read as follows:

 206-5         Sec. 52.020.  RETURN OF PAYMENTS ON REJECTED APPLICATIONS.

 206-6   The comptroller [State Treasurer] or commissioner shall return all

 206-7   amounts paid on rejected applications.

 206-8         SECTION 14.12.  Section 52.025, Natural Resources Code, is

 206-9   amended to read as follows:

206-10         Sec. 52.025.  DISPOSITION OF LEASE PAYMENTS.  The comptroller

206-11   [State Treasurer] shall credit the permanent school fund with

206-12   amounts received from unsurveyed school land and with two-thirds of

206-13   the amount received from other areas and shall credit the General

206-14   Revenue Fund with the remaining one-third of the payments for the

206-15   other areas.

206-16         SECTION 14.13.  Section 52.137(b), Natural Resources Code, is

206-17   amended to read as follows:

206-18         (b)  The commissioner, upon receipt of such payment made

206-19   under protest as authorized by this section, shall send to the

206-20   comptroller [state treasurer] the payment and a written statement

206-21   that the payment was made under protest.  Immediately upon receipt,

206-22   the comptroller [and treasurer] shall:

206-23               (1)  place the payment in state depositories bearing

206-24   interest in the same manner that other funds are required to be

206-25   placed in state depositories at interest;

206-26               (2)  allocate the interest earned on these funds;

206-27               (3)  credit the amount allocated to an account

 207-1   established for this purpose until the status of the protest is

 207-2   finally determined; and

 207-3               (4)  upon final determination that some or all of the

 207-4   protested funds belong to the state, deposit the principal and the

 207-5   allocated interest to the proper funds as provided by law.  All

 207-6   protest payments finally determined to belong to the permanent

 207-7   school fund shall be deposited to that fund upon such

 207-8   determination, and interest earned and allocated on those funds

 207-9   shall be deposited to the available school fund.

207-10         SECTION 14.14.  Section 52.138, Natural Resources Code, is

207-11   amended to read as follows:

207-12         Sec. 52.138.  REFUND.  If a suit authorized by Section 52.137

207-13   of this code results in a final determination that all or part of

207-14   the payment under protest was not due or was unlawfully demanded by

207-15   the commissioner and belongs to the lessee, the comptroller [and

207-16   treasurer] shall refund the proper amount, with the pro rata

207-17   interest earned on that amount, by issuance of a refund warrant

207-18   drawn against the account established for such purpose.  The refund

207-19   warrant shall be returned to the commissioner and the commissioner

207-20   shall deliver it to the person entitled to receive it.

207-21         SECTION 14.15.  Section 91.403(c), Natural Resources Code, is

207-22   amended to read as follows:

207-23         (c)  The payor's obligation to pay interest and the payee's

207-24   right to receive interest under Subsection (a) of this section

207-25   terminate on delivery of the proceeds and accumulated interest to

207-26   the comptroller [State Treasurer] as provided by Title 6, Property

207-27   Code.

 208-1         SECTION 14.16.  Sections 161.016(a) and (b), Natural

 208-2   Resources Code, are amended to read as follows:

 208-3         (a)  The board may designate the comptroller [State

 208-4   Treasurer] as the fiscal agent for payment of principal of and

 208-5   interest on the bonds.

 208-6         (b)  The comptroller [State Treasurer] shall act as fiscal

 208-7   agent without compensation.

 208-8         SECTION 14.17.  Section 161.173(a), Natural Resources Code,

 208-9   is amended to read as follows:

208-10         (a)  Money in the fund that is not immediately committed to

208-11   paying principal of and interest on the bonds, to the purchase of

208-12   land, or to the payment of expenses as provided in this chapter may

208-13   be invested in:

208-14               (1)  direct security repurchase agreements and reverse

208-15   security repurchase agreements made with state or national banks

208-16   domiciled in this state or with primary dealers as approved by the

208-17   Federal Reserve System;

208-18               (2)  direct obligations of or obligations the principal

208-19   and interest of which are guaranteed by the United States;

208-20               (3)  direct obligations of or obligations guaranteed by

208-21   the Federal Home Loan Banks, the Federal National Mortgage

208-22   Association, the Federal Farm Credit System, the Student Loan

208-23   Marketing Association, the Federal Home Loan Mortgage Corporation,

208-24   or a successor organization to one of those organizations;

208-25               (4)  bankers' acceptances that:

208-26                     (A)  are eligible for purchase by members of the

208-27   Federal Reserve System;

 209-1                     (B)  do not exceed 270 days to maturity; and

 209-2                     (C)  are issued by a bank that has received the

 209-3   highest short-term credit rating by a nationally recognized

 209-4   investment rating firm;

 209-5               (5)  commercial paper that:

 209-6                     (A)  does not exceed 270 days to maturity; and

 209-7                     (B)  has received the highest short-term credit

 209-8   rating by a nationally recognized investment rating firm;

 209-9               (6)  contracts written by the board in which the board

209-10   grants the purchaser the right to purchase securities in the

209-11   board's marketable securities portfolio at a specified price over a

209-12   specified period and for which the board is paid a fee and

209-13   specifically prohibits naked-option or uncovered option trading;

209-14               (7)  obligations of a state or an agency, county, city,

209-15   or other political subdivision of a state and mutual funds composed

209-16   of these obligations;

209-17               (8)  an investment instrument, obligation, or other

209-18   evidence of indebtedness the payment of which is directly or

209-19   indirectly guaranteed by the full faith and credit of the United

209-20   States;

209-21               (9)  an investment, account, depository receipt, or

209-22   deposit that is fully:

209-23                     (A)  insured by the Federal Deposit Insurance

209-24   Corporation, the Federal Savings and Loan Insurance Corporation, or

209-25   a successor organization to one of those organizations; or

209-26                     (B)  secured by securities described by

209-27   Subdivision (2), (3), or (8) of this subsection;

 210-1               (10)  a collateralized mortgage obligation fully

 210-2   secured by securities or mortgages issued or guaranteed by the

 210-3   Government National Mortgage Association (GNMA) or any entity

 210-4   described by Subdivision (3) of this subsection;

 210-5               (11)  a security or evidence of indebtedness issued by

 210-6   the Farm Credit System Financial Assistance Corporation, the

 210-7   Private Export Funding Corporation, or the Export-Import Bank; and

 210-8               (12)  any other investment authorized for investment of

 210-9   state funds by the comptroller [treasurer] under Section 404.024,

210-10   Government Code.

210-11         SECTION 14.18.  Section 161.176, Natural Resources Code, is

210-12   amended to read as follows:

210-13         Sec. 161.176.  USE OF FUND TO PAY BOND EXPENSES.  The board

210-14   may use money in the fund attributable to bonds issued and sold to

210-15   pay:

210-16               (1)  legal fees and fees for financial advice necessary

210-17   in the opinion of the board to the sale of bonds;

210-18               (2)  the expense of publishing notice of sale of an

210-19   installment of bonds;

210-20               (3)  the expense of printing the bonds;

210-21               (4)  the expenses of issuance of the bonds, including

210-22   the actual costs of travel, lodging, and meals of board members,

210-23   officers or employees of the board, the comptroller, [the State

210-24   Treasurer,] and the attorney general that are necessary in the

210-25   opinion of the board to effectuate the issuance, rating, and

210-26   delivery of the bonds;

210-27               (5)  the cost of manually signing the bonds;

 211-1               (6)  remuneration to any agent employed by the board to

 211-2   pay the principal of and interest on the bonds;

 211-3               (7)  any amounts required to be paid to maintain the

 211-4   federal tax exemption of interest on the bonds; and

 211-5               (8)  all other costs, fees, and expenses relating to

 211-6   the issuance of the bonds.

 211-7         SECTION 14.19.  Section 161.177(b), Natural Resources Code,

 211-8   is amended to read as follows:

 211-9         (b)  Bonds purchased by the board under Subsection (a) of

211-10   this section shall be mutilated, burned, or otherwise destroyed by

211-11   the comptroller [State Treasurer], who shall certify this fact to

211-12   the board under the seal of his office.

211-13         SECTION 14.20.  Section 161.362(c), Natural Resources Code,

211-14   is amended to read as follows:

211-15         (c)  If the board desires, it may require each veteran

211-16   applicant to make additional semiannual payments to be held in

211-17   trust to pay premiums that may become due and unpaid on the

211-18   contracted insurance covering the improvements.  The payments shall

211-19   be deposited in a trust fund with the comptroller [State Treasurer]

211-20   and shall be used to make the premium payments.  The unused balance

211-21   of the veteran's deposit shall be held by the board until the time

211-22   that maintenance of the account is unnecessary and then shall be

211-23   refunded to the veteran.

211-24         SECTION 14.21.  Section 162.049, Natural Resources Code, is

211-25   amended to read as follows:

211-26         Sec. 162.049.  PAYMENT OF PRINCIPAL AND INTEREST.  The

211-27   comptroller [State Treasurer] shall pay the principal on bonds as

 212-1   they mature and the interest as it becomes payable.  Payments shall

 212-2   be made at the place of payment designated on the bonds.

 212-3         SECTION 14.22.  Section 162.051(b), Natural Resources Code,

 212-4   is amended to read as follows:

 212-5         (b)  Bonds purchased by the board under Subsection (a) of

 212-6   this section shall be mutilated, burned, or otherwise destroyed by

 212-7   the comptroller [state treasurer], who shall certify this fact to

 212-8   the board under the seal of office.

 212-9         SECTION 14.23.  Sections 164.011(c) and (f), Natural

212-10   Resources Code, are amended to read as follows:

212-11         (c)  Funds established by the board under this chapter are

212-12   not to be part of the State Treasury but, at the direction of the

212-13   board, may be kept and held in escrow and in trust by the

212-14   comptroller [state treasurer] on behalf of the board and the owners

212-15   of the bonds and used only as provided by this chapter.

212-16         (f)  The comptroller [state treasurer], as custodian of the

212-17   fund, shall administer the fund solely and strictly as provided by

212-18   this chapter and the resolution authorizing the issuance of the

212-19   bonds, and the state may not take any other action relating to the

212-20   fund except those specified in this chapter and the resolution

212-21   authorizing the issuance of the bonds.

212-22               ARTICLE 15.  CHANGES TO TEXAS PROBATE CODE

212-23         SECTION 15.01.  Section 427, Texas Probate Code, is amended

212-24   to read as follows:

212-25         Sec. 427.  WHEN ESTATES TO BE PAID INTO STATE TREASURY.  If

212-26   any person entitled to a portion of an estate, except a resident

212-27   minor without a guardian, shall not demand his portion from the

 213-1   executor or administrator within six months after an order of court

 213-2   approving the report of commissioners of partition, or within six

 213-3   months after the settlement of the final account of an executor or

 213-4   administrator, as the case may be, the court by written order shall

 213-5   require the executor or administrator to pay so much of said

 213-6   portion as is in money to the comptroller [State Treasurer]; and

 213-7   such portion as is in other property he shall order the executor or

 213-8   administrator to sell on such terms as the court thinks best, and,

 213-9   when the proceeds of such sale are collected, the court shall order

213-10   the same to be paid to the comptroller [State Treasurer], in all

213-11   such cases allowing the executor or administrator reasonable

213-12   compensation for his services. A suit to recover proceeds of the

213-13   sale is governed by Section 433 of this Code.

213-14         SECTION 15.02.  Section 428, Texas Probate Code, is amended

213-15   to read as follows:

213-16         Sec. 428.  INDISPENSABILITY OF COMPTROLLER [STATE TREASURER]

213-17   AS PARTY.  The comptroller [State Treasurer] is an indispensable

213-18   party to any judicial or administrative proceeding concerning the

213-19   disposition and handling of any portion of an estate that is or may

213-20   be payable to the comptroller [State Treasurer] under Section 427

213-21   of this Code.  Whenever an order shall be made by the court for an

213-22   executor or administrator to pay any funds to the comptroller

213-23   [State Treasurer] under Section 427 of this Code, the clerk of the

213-24   court in which such order is made shall serve on the comptroller

213-25   [State Treasurer] by personal service of citation a certified copy

213-26   of such order within five days after the same has been made.

213-27         SECTION 15.03.  Section 429, Texas Probate Code, is amended

 214-1   to read as follows:

 214-2         Sec. 429.  PENALTY FOR NEGLECT TO NOTIFY COMPTROLLER [STATE

 214-3   TREASURER].  Any clerk who shall neglect to have served on the

 214-4   comptroller [State Treasurer] by personal citation a certified copy

 214-5   of any such order within the time prescribed by Section 428 of this

 214-6   Code shall be liable in a penalty of One Hundred Dollars, to be

 214-7   recovered in an action in the name of the state, after personal

 214-8   service of citation, on the information of any citizen, one-half of

 214-9   which penalty shall be paid to the informer and the other one-half

214-10   to the state.

214-11         SECTION 15.04.  Section 430, Texas Probate Code, is amended

214-12   to read as follows:

214-13         Sec. 430.  RECEIPT OF COMPTROLLER [STATE TREASURER].

214-14   Whenever an executor or administrator pays the comptroller [State

214-15   Treasurer] any funds of the estate he represents, under the

214-16   preceding provisions of this Code, he shall take from the

214-17   comptroller [State Treasurer] a receipt for such payment, with

214-18   official seal attached, and shall file the same with the clerk of

214-19   the court ordering such payment; and such receipt shall be recorded

214-20   in the minutes of the court.

214-21         SECTION 15.05.  Section 431, Texas Probate Code, is amended

214-22   to read as follows:

214-23         Sec. 431.  PENALTY FOR FAILURE TO MAKE PAYMENTS TO

214-24   COMPTROLLER [STATE TREASURER].  When an executor or administrator

214-25   fails to pay to the comptroller [State Treasurer] any funds of an

214-26   estate which he has been ordered by the court so to pay, within 30

214-27   days after such order has been made, such executor or administrator

 215-1   shall, after personal service of citation charging such failure and

 215-2   after proof thereof, be liable to pay out of his own estate to the

 215-3   comptroller [State Treasurer] damages thereon at the rate of five

 215-4   per cent per month for each month, or fraction thereof, that he

 215-5   fails to make such payment after 30 days from such order, which

 215-6   damages may be recovered in any court of competent jurisdiction.

 215-7         SECTION 15.06.  Section 432, Texas Probate Code, is amended

 215-8   to read as follows:

 215-9         Sec. 432.  COMPTROLLER [STATE TREASURER] MAY ENFORCE PAYMENT

215-10   AND COLLECT DAMAGES.  The comptroller [State Treasurer] shall have

215-11   the right in the name of the state to apply to the court in which

215-12   the order for payment was made to enforce the payment of funds

215-13   which the executor or administrator has failed to pay to him

215-14   pursuant to order of court, together with the payment of any

215-15   damages that shall have accrued under the provisions of the

215-16   preceding Section of this Code, and the court shall enforce such

215-17   payment in like manner as other orders of payment are required to

215-18   be enforced.  The comptroller [State Treasurer] shall also have the

215-19   right to institute suit in the name of the state against such

215-20   executor or administrator, and the sureties on his bond, for the

215-21   recovery of the funds so ordered to be paid and such damages as

215-22   have accrued.  The county attorney or criminal district attorney of

215-23   the county, the district attorney of the district, or the attorney

215-24   general, at the election of the comptroller [State Treasurer] and

215-25   with the approval of the attorney general, shall represent the

215-26   comptroller [State Treasurer] in all such proceedings, and shall

215-27   also represent the interests of the state in all other matters

 216-1   arising under any provisions of this Code.

 216-2         SECTION 15.07.  Section 433, Texas Probate Code, is amended

 216-3   to read as follows:

 216-4         Sec. 433.  SUIT FOR THE RECOVERY OF FUNDS PAID TO THE

 216-5   COMPTROLLER [STATE TREASURER].  (a)  Mode of Recovery.  When funds

 216-6   of an estate have been paid to the comptroller [State Treasurer],

 216-7   any heir, devisee, or legatee of the estate, or their assigns, or

 216-8   any of them, may recover the portion of such funds to which he,

 216-9   she, or they are entitled.  The person claiming such funds shall

216-10   institute suit on or before the fourth anniversary of the date of

216-11   the order requiring payment to the comptroller [State Treasurer],

216-12   by petition filed in the district court of Travis County, against

216-13   the comptroller [State Treasurer], setting forth the plaintiff's

216-14   right to such funds, and the amount claimed by him.

216-15         (b)  Citation.  Upon the filing of such petition, the clerk

216-16   shall issue a citation for the comptroller [State Treasurer], to be

216-17   served by personal service, to appear and represent the interest of

216-18   the state in such suit.  As the comptroller [State Treasurer]

216-19   elects and with the approval of the attorney general, the attorney

216-20   general, the county attorney or criminal district attorney for the

216-21   county, or the district attorney for the district shall represent

216-22   the comptroller [State Treasurer].

216-23         (c)  Procedure.  The proceedings in such suit shall be

216-24   governed by the rules for other civil suits; and, should the

216-25   plaintiff establish his right to the funds claimed, he shall have a

216-26   judgment therefor, which shall specify the amount to which he is

216-27   entitled; and a certified copy of such judgment shall be sufficient

 217-1   authority for the comptroller [State Treasurer] to pay the same.

 217-2         (d)  Costs.  The costs of any such suit shall in all cases be

 217-3   adjudged against the plaintiff, and he may be required to secure

 217-4   the costs.

 217-5                  ARTICLE 16.  CHANGES TO PROPERTY CODE

 217-6         SECTION 16.01.  Section 71.101(a), Property Code, is amended

 217-7   to read as follows:

 217-8         (a)  If any person, including the attorney general, the

 217-9   comptroller [State Treasurer], or a district attorney, criminal

217-10   district attorney, county attorney, county clerk, district clerk,

217-11   or attorney ad litem is informed or has reason to believe that real

217-12   or personal property is subject to escheat under this chapter, the

217-13   person may file a sworn petition requesting the escheat of the

217-14   property and requesting a writ of possession for the property.

217-15         SECTION 16.02.  Section 71.103(c), Property Code, is amended

217-16   to read as follows:

217-17         (c)  The comptroller [State Treasurer] is an indispensable

217-18   party to any judicial or administrative proceeding concerning the

217-19   disposition and handling of property that is the subject of an

217-20   escheat proceeding and must be made a party to the proceeding by

217-21   personal service of citation.

217-22         SECTION 16.03.  Section 71.301(c), Property Code, is amended

217-23   to read as follows:

217-24         (c)  A copy of the petition shall be served on the

217-25   comptroller [State Treasurer], who shall represent the interests of

217-26   the state.  As the comptroller [State Treasurer] elects and with

217-27   the approval of the attorney general, the attorney general, the

 218-1   county attorney or criminal district attorney for the county, or

 218-2   the district attorney for the district shall represent the

 218-3   comptroller [State Treasurer].

 218-4         SECTION 16.04.  Section 71.304(a), Property Code, is amended

 218-5   to read as follows:

 218-6         (a)  A suit brought for the collection of personal property

 218-7   delivered to the comptroller [State Treasurer] under this chapter

 218-8   must be brought in the name of this state.

 218-9         SECTION 16.05.  Section 73.101(a), Property Code, is amended

218-10   to read as follows:

218-11         (a)  An account or safe deposit box is presumed abandoned if:

218-12               (1)  the account or safe deposit box has been inactive

218-13   under Section 73.003(b) for at least five years;

218-14               (2)  the location of the depositor of the account or

218-15   owner of the safe deposit box is unknown to the depository; and

218-16               (3)  the amount of the account or the contents of the

218-17   box have not been delivered to the comptroller [State Treasurer] in

218-18   accordance with Chapter 74.

218-19         SECTION 16.06.  Sections 74.101(a) and (c), Property Code,

218-20   are amended to read as follows:

218-21         (a)  Each holder who on June 30 holds property that is

218-22   presumed abandoned under Chapter 72, Chapter 73, or Chapter 75, or

218-23   under Section 5A, Chapter 512, Acts of the 54th Legislature, 1955

218-24   (Article 548b, Vernon's Texas Civil Statutes), shall file a report

218-25   of that property on or before the following November 1.  Each

218-26   report shall be filed with the comptroller [State Treasurer] as

218-27   provided by this section and on forms prescribed by the comptroller

 219-1   [State Treasurer].

 219-2         (c)  The property report must include:

 219-3               (1)  the name, if known, and the last known address, if

 219-4   any, of each person who, from the records of the holder of the

 219-5   property, appears to be the owner of the property, or the name and

 219-6   address, if known, of any person who is entitled to the property;

 219-7               (2)  a brief description of the property, the

 219-8   identification number, if any, and, if appropriate, a balance of

 219-9   each account, except as provided by Subsection (e);

219-10               (3)  the date that the property became payable,

219-11   demandable, or returnable;

219-12               (4)  the date of the last transaction with the owner

219-13   concerning the property;

219-14               (5)  any deduction made by the holder of the property

219-15   for a service, maintenance, or other charge, unless fully restored

219-16   and included in the amount reported; and

219-17               (6)  other information that the comptroller [State

219-18   Treasurer] by rule requires to be disclosed as necessary for the

219-19   administration of this chapter.

219-20         SECTION 16.07.  Section 74.103(c), Property Code, is amended

219-21   to read as follows:

219-22         (c)  The comptroller [State Treasurer] may by rule provide

219-23   for a shorter period for keeping a record required by this section.

219-24         SECTION 16.08.  Section 74.104, Property Code, is amended to

219-25   read as follows:

219-26         Sec. 74.104.  CONFIDENTIALITY OF PROPERTY REPORT.

219-27   (a)  Except as provided by Sections 74.201, 74.203, and 74.307, a

 220-1   property report filed with the comptroller [State Treasurer] under

 220-2   Section 74.101 is confidential until the second anniversary of the

 220-3   date the report is filed.

 220-4         (b)  Notwithstanding any other provision of law, the social

 220-5   security number of an owner that is reported to the comptroller

 220-6   [State Treasurer] is confidential.

 220-7         SECTION 16.09.  Section 74.201, Property Code, is amended to

 220-8   read as follows:

 220-9         Sec. 74.201.  PUBLISHED NOTICE.  (a)  Except as provided by

220-10   Subsection (b) and Section 74.202, the comptroller [State

220-11   Treasurer] shall publish a notice in a newspaper of general

220-12   circulation in the calendar year immediately following the year in

220-13   which the report required by Section 74.101 is filed.  The notice

220-14   must be published:

220-15               (1)  in the county in which the last known address of a

220-16   person required to be named in the notice is located; or

220-17               (2)  if the address of a person listed is not set out

220-18   in the report or if it is outside the state, in the county in which

220-19   the holder of the abandoned property has its principal place of

220-20   business, registered office, or agent for service in this state.

220-21         (b)  The comptroller [State Treasurer] may use a method of

220-22   publishing notice that is different from that prescribed by

220-23   Subsection (a)(1) or (2) if the comptroller [State Treasurer]

220-24   determines that the different method would be as likely as the

220-25   prescribed method to give actual notice to the person required to

220-26   be named in the notice.

220-27         (c)  The published notice must state that the reported

 221-1   property is presumed abandoned and subject to this chapter and must

 221-2   contain:

 221-3               (1)  the name and city of last known address, if any,

 221-4   of each person listed in the property report filed under Section

 221-5   74.101, listed alphabetically by name;

 221-6               (2)  a statement that, by addressing an inquiry to the

 221-7   comptroller [State Treasurer], any person possessing a legal or

 221-8   beneficial interest in the reported property may obtain information

 221-9   concerning the amount and description of the property; and

221-10               (3)  a statement that the owner may present proof of

221-11   the claim to the comptroller [State Treasurer] and establish the

221-12   owner's right to receive the property.

221-13         (d)  The comptroller [State Treasurer] may offer for sale

221-14   space for suitable advertisements in a notice published under this

221-15   section.  Proceeds from the sale of the advertising space shall be

221-16   used to defray the cost of publishing the notices, with the

221-17   remaining amount, if any, to be deposited to the credit of the

221-18   unclaimed money fund.

221-19         SECTION 16.10.  Section 74.202, Property Code, is amended to

221-20   read as follows:

221-21         Sec. 74.202.  NOTICE FOR ITEM WITH VALUE NOT EXCEEDING $50.

221-22   In the notice required by Section 74.201, the comptroller [State

221-23   Treasurer] is not required to publish information regarding an item

221-24   having a value that is less than $50 unless the comptroller [State

221-25   Treasurer] determines that publication of that information is in

221-26   the public interest.

221-27         SECTION 16.11.  Section 74.203, Property Code, is amended to

 222-1   read as follows:

 222-2         Sec. 74.203.  NOTICE TO OWNER.  (a)  During the calendar year

 222-3   immediately following the year in which the report required by

 222-4   Section 74.101 is filed, the comptroller [State Treasurer] may mail

 222-5   a notice to each person who has a Texas address and appears to be

 222-6   entitled to the reported property valued at $50 or more.

 222-7         (b)  The notice must contain:

 222-8               (1)  a statement that property is being held by the

 222-9   comptroller [State Treasurer] to which the addressee appears to be

222-10   entitled; and

222-11               (2)  a statement that the owner may present proof of

222-12   the claim to the comptroller [State Treasurer] and establish the

222-13   owner's right to receive the property.

222-14         SECTION 16.12.  Section 74.205, Property Code, is amended to

222-15   read as follows:

222-16         Sec. 74.205.  CHARGE FOR NOTICE.  The comptroller [State

222-17   Treasurer] may charge the following against the property delivered

222-18   under this chapter:

222-19               (1)  expenses incurred for the publication of notice

222-20   required by Section 74.201; and

222-21               (2)  the amount paid in postage for the notice to the

222-22   owner required by Section 74.203.

222-23         SECTION 16.13.  Section 74.301, Property Code, is amended to

222-24   read as follows:

222-25         Sec. 74.301.  DELIVERY OF PROPERTY TO COMPTROLLER [STATE

222-26   TREASURER].  (a)  Each holder who on June 30 holds property that is

222-27   presumed abandoned under Chapter 72, Chapter 73, or Chapter 75

 223-1   shall deliver the property to the comptroller [State Treasurer] on

 223-2   or before the following November 1 accompanied by the report

 223-3   required to be filed under Section 74.101.

 223-4         (b)  If the property subject to delivery under Subsection (a)

 223-5   is stock or some other intangible ownership interest in a business

 223-6   association for which there is no evidence of ownership, the holder

 223-7   shall issue a duplicate certificate or other evidence of ownership

 223-8   to the comptroller [State Treasurer] at the time delivery is

 223-9   required under this section.

223-10         SECTION 16.14.  Sections 74.3011(a), (c), and (e), Property

223-11   Code, are amended to read as follows:

223-12         (a)  Notwithstanding and in addition to any other provision

223-13   of this chapter or other law, a local telephone exchange company

223-14   may deliver reported money to a scholarship fund for rural students

223-15   instead of delivering the money to the comptroller [state

223-16   treasurer] as prescribed by Section 74.301.

223-17         (c)  A local telephone exchange company shall file with the

223-18   comptroller [state treasurer] a verification of money delivered

223-19   under this section that complies with Section 74.302.

223-20         (e)  The comptroller [state treasurer] shall prescribe forms

223-21   and procedures governing this section, including forms and

223-22   procedures relating to:

223-23               (1)  notice of presumed abandoned property;

223-24               (2)  delivery of reported money to a scholarship fund;

223-25   and

223-26               (3)  filing of a claim.

223-27         SECTION 16.15.  Sections 74.3012(a), (c), and (e), Property

 224-1   Code, are amended to read as follows:

 224-2         (a)  Notwithstanding and in addition to any other provision

 224-3   of this chapter or other law, a local exchange company may deliver

 224-4   reported money to a scholarship fund for urban students instead of

 224-5   delivering the money to the comptroller [state treasurer] as

 224-6   prescribed by Section 74.301.

 224-7         (c)  A local exchange company shall file with the comptroller

 224-8   [state treasurer] a verification of money delivered under this

 224-9   section that complies with Section 74.302.

224-10         (e)  The comptroller [state treasurer] shall prescribe forms

224-11   and procedures governing this section, including forms and

224-12   procedures relating to:

224-13               (1)  notice of presumed abandoned property;

224-14               (2)  delivery of reported money to a scholarship fund;

224-15   and

224-16               (3)  filing of a claim.

224-17         SECTION 16.16.  Sections 74.304(a)-(d) and (f), Property

224-18   Code, are amended to read as follows:

224-19         (a)  If reported property is delivered to the comptroller

224-20   [State Treasurer] the state shall assume custody of the property

224-21   and responsibility for its safekeeping.

224-22         (b)  A holder who delivers property to the comptroller [State

224-23   Treasurer] in good faith is relieved of all liability to the extent

224-24   of the value of the property delivered for any claim then existing,

224-25   that may arise after delivery to the comptroller [State Treasurer],

224-26   or that may be made with respect to the property.

224-27         (c)  If the holder delivers property to the comptroller

 225-1   [State Treasurer] in good faith and, after delivery, a person

 225-2   claims the property from the holder or another state claims the

 225-3   property under its laws relating to escheat or unclaimed property,

 225-4   the attorney general shall, on written notice of the claim, defend

 225-5   the holder against the claim and the holder shall be indemnified

 225-6   from the unclaimed money fund established in Section 74.601 against

 225-7   any liability on the claim.

 225-8         (d)  The comptroller [State Treasurer] is not, in the absence

 225-9   of negligence or mishandling of the property, liable to the person

225-10   who claims the property for damages incurred while the property or

225-11   the proceeds from the sale of the property are in the comptroller's

225-12   [treasurer's] possession.  But in any event the liability of the

225-13   state is limited to the extent of the property delivered under this

225-14   chapter and remaining in the possession of the comptroller [State

225-15   Treasurer] at the time a suit is filed.

225-16         (f)  On delivery of a duplicate certificate or other evidence

225-17   of ownership to the comptroller [State Treasurer] under Subsection

225-18   (b) of Section 74.301, the holder and any transfer agent,

225-19   registrar, or other person acting for or on behalf of a holder in

225-20   executing or delivering the duplicate certificate are relieved of

225-21   all liability of every kind in accordance with this section to any

225-22   person, including any person acquiring the original certificate or

225-23   the duplicate of the certificate issued to the comptroller [State

225-24   Treasurer], for any losses or damages resulting to any person by

225-25   the issuance and delivery to the comptroller [State Treasurer] of

225-26   the duplicate certificate.

225-27         SECTION 16.17.  Sections 74.305(a) and (d), Property Code,

 226-1   are amended to read as follows:

 226-2         (a)  If a holder fails to deliver property to the comptroller

 226-3   [State Treasurer] in accordance with this subchapter, the attorney

 226-4   general shall bring an action in the name of this state on request

 226-5   of the comptroller [State Treasurer] to compel the delivery of the

 226-6   property.

 226-7         (d)  In a suit filed under this section, the attorney general

 226-8   must show that the notice required by Sections 74.201 and 74.203

 226-9   has been given.  When introduced into evidence the verified

226-10   property report, unless rebutted, is sufficient evidence that the

226-11   property is abandoned and subject to delivery under this chapter

226-12   and for entry of a judgment transferring custody of the property to

226-13   the comptroller [State Treasurer].

226-14         SECTION 16.18.  Section 74.306, Property Code, is amended to

226-15   read as follows:

226-16         Sec. 74.306.  UNCLAIMED PROPERTY HELD BY FEDERAL GOVERNMENT.

226-17   (a)  If the federal government enacts a law that provides for the

226-18   discovery of unclaimed property held by the federal government and

226-19   that provides or makes that information available to the states,

226-20   the comptroller [State Treasurer] may pay to the federal government

226-21   from the unclaimed money fund the proportional share of the

226-22   necessary cost of examining records.

226-23         (b)  If the federal government delivers unclaimed property to

226-24   the comptroller [State Treasurer], this state shall hold the

226-25   federal government harmless from claims made by owners of the

226-26   property after the delivery.

226-27         SECTION 16.19.  Section 74.307, Property Code, is amended to

 227-1   read as follows:

 227-2         Sec. 74.307.  LIST OF OWNERS.  (a)  The comptroller [State

 227-3   Treasurer] shall compile and revise each year, except as to amounts

 227-4   reported in the aggregate, an alphabetical list of the names and

 227-5   last known addresses of the owners listed in the reports and the

 227-6   amount credited to each account.

 227-7         (b)  The comptroller [State Treasurer] shall make the list

 227-8   available for public inspection during all reasonable business

 227-9   hours.

227-10         SECTION 16.20.  Section 74.308, Property Code, is amended to

227-11   read as follows:

227-12         Sec. 74.308.  PERIOD OF LIMITATION NOT A BAR.  The

227-13   expiration, on or after September 1, 1987, of any period specified

227-14   by contract, statute, or court order, during which an action or

227-15   proceeding may be initiated or enforced to obtain payment of a

227-16   claim for money or recovery of property, does not prevent the money

227-17   or property from being presumed abandoned property and does not

227-18   affect any duty to file a report required by this chapter or to pay

227-19   or deliver abandoned property to the comptroller [State Treasurer].

227-20         SECTION 16.21.  Section 74.401, Property Code, is amended to

227-21   read as follows:

227-22         Sec. 74.401.  SALE OF PROPERTY.  (a)  Except as provided by

227-23   Subsection (c), the comptroller [State Treasurer] shall sell at

227-24   public sale all personal property, other than money and marketable

227-25   securities, delivered to the comptroller [State Treasurer] in

227-26   accordance with Section 74.301.   The comptroller [State Treasurer]

227-27   shall conduct the sale in the city in this state that the

 228-1   comptroller [State Treasurer] determines affords the most favorable

 228-2   market for the particular property.

 228-3         (b)  The comptroller [State Treasurer] shall sell the

 228-4   property to the highest bidder.  If the comptroller [State

 228-5   Treasurer] determines that the highest bid is insufficient, the

 228-6   comptroller [State Treasurer] may decline that bid and offer the

 228-7   property for public or private sale.

 228-8         (c)  The comptroller [State Treasurer] is not required to

 228-9   offer property for sale if the property belongs to a person with an

228-10   address outside this state or the comptroller [State Treasurer]

228-11   determines that the probable cost of the sale of the property

228-12   exceeds its value.

228-13         (d)  If after investigation the comptroller [State Treasurer]

228-14   determines that property delivered from a safe deposit box or other

228-15   repository has insubstantial commercial value, the comptroller

228-16   [State Treasurer] may destroy or otherwise dispose of the property

228-17   at any time.

228-18         (e)  A person may not maintain any action or proceeding

228-19   against the state, an officer of the state, or the holder of

228-20   property because of an action taken by the comptroller [State

228-21   Treasurer] under this section.

228-22         SECTION 16.22.  Section 74.402, Property Code, is amended to

228-23   read as follows:

228-24         Sec. 74.402.  NOTICE OF SALE.  Before the 21st day preceding

228-25   the day on which a public sale is held under Section 74.401, the

228-26   comptroller [State Treasurer] shall publish notice of the sale in a

228-27   newspaper of general circulation in the county where the sale is to

 229-1   be held.

 229-2         SECTION 16.23.  Section 74.403(b), Property Code, is amended

 229-3   to read as follows:

 229-4         (b)  The comptroller [State Treasurer] shall execute all

 229-5   documents necessary to complete the transfer of title.

 229-6         SECTION 16.24.  Section 74.501, Property Code, is amended to

 229-7   read as follows:

 229-8         Sec. 74.501.  FILING OF CLAIM.  (a)  Except as provided by

 229-9   Subsection (b), a claim for property or proceeds from the sale of

229-10   property delivered to the comptroller [State Treasurer] under this

229-11   chapter, including claims by other states, must be filed with the

229-12   comptroller [State Treasurer].

229-13         (b)  If a claim is for inactive property that was held by a

229-14   depository before being delivered to the comptroller [State

229-15   Treasurer], the claim may be filed with the depository under

229-16   Section 74.502.

229-17         (c)  All claims to which this section applies must be filed

229-18   in accordance with procedures and on forms prescribed by the

229-19   comptroller [State Treasurer].

229-20         SECTION 16.25.  Sections 74.502(a), (c), and (d), Property

229-21   Code, are amended to read as follows:

229-22         (a)  If inactive property held by a depository under Chapter

229-23   73 is delivered to the comptroller [State Treasurer] under Section

229-24   74.301, a claim may be filed with the depository except that any

229-25   claim by another state must be filed with the comptroller [State

229-26   Treasurer].  The comptroller [State Treasurer] shall prescribe

229-27   forms and procedures for filing claims with depositories.

 230-1         (c)  If the amount paid under Subsection (b) is $100 or less,

 230-2   the comptroller [State Treasurer] shall reimburse the depository on

 230-3   receipt of a written statement subscribed and sworn to by an

 230-4   officer of the depository that states:

 230-5               (1)  the name and address of the person to whom payment

 230-6   was made; and

 230-7               (2)  that the depository believes in good faith that

 230-8   the claim is valid.

 230-9         (d)  If the amount paid under Subsection (b) is more than

230-10   $100, the comptroller [State Treasurer] shall examine the claim and

230-11   any supporting affidavit or evidence of the claim.  Before the

230-12   comptroller [State Treasurer] may reimburse a depository for a

230-13   claim under this subsection, the claim must be approved and signed

230-14   by the comptroller [State Treasurer].

230-15         SECTION 16.26.  Section 74.503, Property Code, as amended by

230-16   Chapters 36 and 851, Acts of the 73rd Legislature, Regular Session,

230-17   1993, is amended to read as follows:

230-18         Sec. 74.503.  CONSIDERATION OF CLAIM.  The comptroller [State

230-19   Treasurer] or the comptroller's [treasurer's] authorized agent

230-20   shall consider the validity of each claim filed under this

230-21   subchapter.

230-22         SECTION 16.27.  Section 74.504, Property Code, is amended to

230-23   read as follows:

230-24         Sec. 74.504.  HEARING.  (a)  The comptroller [State

230-25   Treasurer] may hold a hearing and receive evidence concerning a

230-26   claim filed under this subchapter.

230-27         (b)  If the comptroller [State Treasurer] considers that a

 231-1   hearing is necessary to determine the validity of a claim, the

 231-2   comptroller [State Treasurer] shall sign the statement of the

 231-3   findings and the decision on the claim.  The statement shall report

 231-4   the substance of the evidence heard and the reasons for the

 231-5   decision.  The statement is a public record.

 231-6         (c)  If the comptroller [State Treasurer] determines that a

 231-7   claim is valid, the comptroller [State Treasurer] shall approve and

 231-8   sign the claim.

 231-9         SECTION 16.28.  Sections 74.505(a) and (b), Property Code,

231-10   are amended to read as follows:

231-11         (a)  If a claim is for money and has been approved under this

231-12   subchapter, the comptroller [State Treasurer] shall pay the claim.

231-13         (b)  If a claim is for personal property other than money and

231-14   has been approved under this subchapter, the comptroller [State

231-15   Treasurer] promptly shall deliver the property to the claimant

231-16   unless the comptroller [State Treasurer] has sold the property.  If

231-17   the property has been sold under Section 74.401, the comptroller

231-18   [State Treasurer] shall pay to the claimant the proceeds from the

231-19   sale.

231-20         SECTION 16.29.  Section 74.507, Property Code, is amended to

231-21   read as follows:

231-22         Sec. 74.507.  FEE FOR RECOVERY.  A person who informs a

231-23   potential claimant that the claimant may be entitled to claim

231-24   property that is reportable to the comptroller [State Treasurer]

231-25   under this chapter, that has been reported to the comptroller

231-26   [State Treasurer], or that is in the possession of the comptroller

231-27   [State Treasurer], may not contract for or receive from the

 232-1   claimant for services an amount that exceeds 10 percent of the

 232-2   value of the property recovered.  If the property involved is

 232-3   mineral proceeds, the amount for services may not include a portion

 232-4   of the underlying minerals or any production payment, overriding

 232-5   royalty, or similar payment.

 232-6         SECTION 16.30.  Section 74.508, Property Code, is amended to

 232-7   read as follows:

 232-8         Sec. 74.508.  CLAIM OF ANOTHER STATE TO RECOVER PROPERTY;

 232-9   PROCEDURE.  (a)  At any time after property has been paid or

232-10   delivered to the comptroller [State Treasurer] under this Act,

232-11   another state may recover the property if:

232-12               (1)  the property was subjected to custody by this

232-13   state because the records of the holder did not reflect the last

232-14   known address of the apparent owner when the property was presumed

232-15   abandoned under this Act, and the other state establishes that the

232-16   last known address of the apparent owner or other person entitled

232-17   to the property was in that state and under the laws of that state

232-18   the property escheated to or was subject to a claim of abandonment

232-19   by that state;

232-20               (2)  the last known address of the apparent owner or

232-21   other person entitled to the property, as reflected by the records

232-22   of the holder are in the other state and under the laws of that

232-23   state the property has escheated to or become subject to a claim of

232-24   abandonment by that state;

232-25               (3)  the records of the holder were erroneous in that

232-26   they did not accurately reflect the actual owner of the property

232-27   and the last known address of the actual owner is in the other

 233-1   state and under the laws of that state the property escheated to or

 233-2   was subject to a claim of abandonment by that state;

 233-3               (4)  the property was subjected to custody by this

 233-4   state under Subdivision (6) of Subsection (a) of Section 72.001 and

 233-5   under the laws of the state of domicile of the holder the property

 233-6   has escheated to or become subject to a claim of abandonment by

 233-7   that state; or

 233-8               (5)  the property is the sum payable on a traveler's

 233-9   check, money order, or other similar instrument that was subjected

233-10   to custody by this state under Subdivision (4) and the instrument

233-11   was purchased in the other state and under the laws of that state

233-12   the property escheated to or became subject to a claim of

233-13   abandonment by that state.

233-14         (b)  The claim of another state to recover escheated or

233-15   abandoned property must be presented in a form prescribed by the

233-16   comptroller [State Treasurer], who shall decide the claim within 90

233-17   days after it is presented.  The comptroller [State Treasurer]

233-18   shall allow the claim if he determines that the other state is

233-19   entitled to the abandoned property under Subsection (a).

233-20         SECTION 16.31.  Section 74.509, Property Code, is amended to

233-21   read as follows:

233-22         Sec. 74.509.  HANDLING FEE FOR PROCESSING UNCLAIMED PROPERTY.

233-23   The comptroller [State Treasurer] shall charge a person claiming

233-24   unclaimed property a handling fee if ownership of the property is

233-25   reinstated and the value of the property is $50 or more.

233-26         SECTION 16.32.  Section 74.601, Property Code, is amended to

233-27   read as follows:

 234-1         Sec. 74.601.  FUND.  (a)  The comptroller [State Treasurer]

 234-2   shall maintain a fund known as the unclaimed money fund.

 234-3         (b)  The comptroller [State Treasurer] shall deposit to the

 234-4   credit of the fund:

 234-5               (1)  all funds, including marketable securities,

 234-6   delivered to the comptroller [State Treasurer] under this chapter

 234-7   or any other statute requiring the delivery of unclaimed property

 234-8   to the comptroller [State Treasurer];

 234-9               (2)  all proceeds from the sale of any property,

234-10   including marketable securities, under this chapter;

234-11               (3)  all funds that have escheated to the state under

234-12   Chapter 71, except that funds relating to escheated real property

234-13   shall be deposited according to Section 71.202; and

234-14               (4)  any income derived from investments of the fund.

234-15         (c)  The comptroller [State Treasurer] shall keep a separate

234-16   record and accounting for delivered unclaimed property, other than

234-17   money, before its sale.

234-18         (d)  Except as provided by Subsection (e), the comptroller

234-19   [State Treasurer] shall from time to time invest the amount in the

234-20   unclaimed money fund in investments approved by law for the

234-21   investment of state funds.

234-22         (e)  The comptroller [State Treasurer] may from time to time

234-23   sell securities in the fund, including stocks, bonds, and mutual

234-24   funds, and use the proceeds to buy, exchange, invest, or reinvest

234-25   in marketable securities.  When making the investments, the

234-26   comptroller [State Treasurer] shall exercise the judgment and care

234-27   of a prudent person.

 235-1         (f)  The comptroller [State Treasurer] shall keep a separate

 235-2   record and accounting for securities delivered, sold, purchased, or

 235-3   exchanged and the proceeds and earnings from the securities.

 235-4         SECTION 16.33.  Section 74.602, Property Code, is amended to

 235-5   read as follows:

 235-6         Sec. 74.602.  USE OF FUND.  (a)  Except as provided by

 235-7   Subsection (b), the comptroller [State Treasurer] shall use the

 235-8   unclaimed money fund to pay the claims of persons or states

 235-9   establishing ownership of property in the possession of the

235-10   comptroller [State Treasurer] under this chapter or under any other

235-11   unclaimed property or escheat statute.

235-12         (b)  Each fiscal year after deducting funds sufficient to pay

235-13   anticipated expenses and claims of the unclaimed money fund, the

235-14   comptroller [state treasurer] shall transfer:

235-15               (1)  half of the balance of the unclaimed money fund to

235-16   the foundation school fund;

235-17               (2)  $1.2 million to the state ethics fund;

235-18               (3)  to each county of the state that requests, an

235-19   amount equal to any capital credits in the fund, less anticipated

235-20   claims, that were delivered under this chapter to the comptroller

235-21   [state treasurer] by an electric cooperative corporation on behalf

235-22   of the corporation's members in that county, with the money to be

235-23   used only to carry out a program under Section 381.004, Local

235-24   Government Code; and

235-25               (4)  the remainder to the General Revenue Fund.

235-26         (c)  The comptroller [State Treasurer] and the attorney

235-27   general may use the unclaimed money fund generally for the

 236-1   enforcement and administration of this title, including the

 236-2   expenses of sale, forms, notices, examinations, travel, court

 236-3   costs, supplies, equipment, employment of necessary personnel, and

 236-4   any other necessary expenses.

 236-5         SECTION 16.34.  Section 74.701, Property Code, is amended to

 236-6   read as follows:

 236-7         Sec. 74.701.  RULES.  The comptroller [State Treasurer] may

 236-8   adopt rules necessary to carry out this title.

 236-9         SECTION 16.35.  Section 74.702, Property Code, is amended to

236-10   read as follows:

236-11         Sec. 74.702.  EXAMINATION OF RECORDS.  (a)  To enforce this

236-12   chapter and to determine whether reports have been made as required

236-13   by this chapter, the comptroller [State Treasurer], the attorney

236-14   general, or an authorized agent of either, at any reasonable time,

236-15   may examine the books and records of any holder.

236-16         (b)  The comptroller [State Treasurer], the attorney general,

236-17   or an agent of either may not make public any information obtained

236-18   by an examination made under this section and may not disclose that

236-19   information except in the course of a judicial proceeding,

236-20   authorized by this chapter, in which the state is a party or

236-21   pursuant to an agreement with another state allowing joint audits

236-22   or the exchange of information obtained under this section.

236-23         SECTION 16.36.  Section 74.703(a), Property Code, is amended

236-24   to read as follows:

236-25         (a)  The comptroller [State Treasurer] and the attorney

236-26   general may employ, in the office of either official, additional

236-27   personnel necessary to enforce this title.

 237-1         SECTION 16.37.  Section 74.704, Property Code, is amended to

 237-2   read as follows:

 237-3         Sec. 74.704.  ASSISTANCE IN ENFORCEMENT.  If the comptroller

 237-4   [State Treasurer] or the attorney general requests, the State

 237-5   Auditor, [state comptroller,] banking commissioner, securities

 237-6   commissioner, insurance commissioner, savings and loan

 237-7   commissioner, Credit Union Commission, Department of Public Safety,

 237-8   or any district or county attorney shall assist the comptroller

 237-9   [State Treasurer] or attorney general in enforcing this title.

237-10         SECTION 16.38.  Sections 74.705(a) and (b), Property Code,

237-11   are amended to read as follows:

237-12         (a)  A person who fails to pay or deliver property within the

237-13   time prescribed by this chapter shall pay to the comptroller [State

237-14   Treasurer] interest, at the judgment rate of interest as published

237-15   by the consumer credit commissioner in the Texas Register, on the

237-16   property or value of the property from the date the property should

237-17   have been paid or delivered until the date the property is actually

237-18   paid or delivered.

237-19         (b)  If the comptroller [State Treasurer] presents a claim

237-20   for unclaimed property to a person who fails timely to pay or

237-21   deliver the property and the just amount of unclaimed property owed

237-22   has not been tendered before the 31st day after the date the claim

237-23   is presented, the comptroller [State Treasurer] may, on approval of

237-24   a court of competent jurisdiction in Travis County, recover

237-25   reasonable attorney's fees from the person in addition to unclaimed

237-26   property and interest due.

237-27         SECTION 16.39.  Section 301.112(d), Property Code, is amended

 238-1   to read as follows:

 238-2         (d)  At the request of the commission, the attorney general

 238-3   shall sue to recover a civil penalty due under this section.  Funds

 238-4   collected under this section shall be paid to the comptroller

 238-5   [state treasurer] for deposit in the state treasury to the credit

 238-6   of the fair housing fund.

 238-7             ARTICLE 17.  CHANGES TO PARKS AND WILDLIFE CODE

 238-8         SECTION 17.01.  Section 11.043(d), Parks and Wildlife Code,

 238-9   is amended to read as follows:

238-10         (d)  The comptroller [treasurer] may invest money in the

238-11   account.

238-12         SECTION 17.02.  Section 11.044, Parks and Wildlife Code, is

238-13   amended to read as follows:

238-14         Sec. 11.044.  DISPOSITION OF INTEREST ON INVESTMENTS.

238-15   (a)  Interest received from the investment of money in all accounts

238-16   of the department in charge of the comptroller [treasurer] shall be

238-17   allocated monthly to each account in an amount proportionate to the

238-18   amount of money invested from the account.

238-19         (b)  The comptroller [treasurer] may retain from the interest

238-20   to be allocated monthly an amount equal to the necessary

238-21   administrative costs of making the allocations.

238-22         SECTION 17.03.  Section 21.018, Parks and Wildlife Code, is

238-23   amended to read as follows:

238-24         Sec. 21.018.  PAYMENT BY COMPTROLLER [TREASURER].  The

238-25   comptroller [state treasurer] shall pay or cause to be paid the

238-26   principal on bonds as they mature and the interest as it becomes

238-27   payable.

 239-1         SECTION 17.04.  Section 21.019, Parks and Wildlife Code, is

 239-2   amended to read as follows:

 239-3         Sec. 21.019.  DUTIES ENFORCEABLE.  The performance of the

 239-4   official duties of the comptroller [and the treasurer] may be

 239-5   enforced by mandamus or other appropriate proceeding.

 239-6         SECTION 17.05.  Section 21.107(a), Parks and Wildlife Code,

 239-7   is amended to read as follows:

 239-8         (a)  If the amount credited to the sinking and interest fund

 239-9   at the end of the fiscal year is insufficient to pay the interest

239-10   coming due and the principal maturing on bonds for the next fiscal

239-11   year, the comptroller [state treasurer] shall transfer from the

239-12   first money coming into the treasury, not otherwise appropriated by

239-13   the constitution, an amount stipulated in the certification of the

239-14   director as is necessary to pay the interest and principal on the

239-15   bonds.

239-16         SECTION 17.06.  Section 21.111(b), Parks and Wildlife Code,

239-17   is amended to read as follows:

239-18         (b)  Income derived from the fees required by this section,

239-19   less expenses incurred in collecting the fees, shall be deposited

239-20   in a special fund with the comptroller [state treasurer].  The

239-21   amounts deposited are net income.

239-22               ARTICLE 18.  CHANGES TO TRANSPORTATION CODE

239-23         SECTION 18.01.  Section 223.010(b), Transportation Code, is

239-24   amended to read as follows:

239-25         (b)  At the request of the contractor and with the approval

239-26   of the department and the comptroller [state treasurer], the amount

239-27   retained may be deposited under a trust agreement with a state or

 240-1   national bank domiciled in this state and selected by the

 240-2   contractor.

 240-3         SECTION 18.02.  Section 256.002(a), Transportation Code, is

 240-4   amended to read as follows:

 240-5         (a)  The comptroller [state treasurer] shall distribute to

 240-6   the counties on or before October 15 of each year the money

 240-7   appropriated from the county and road district highway fund for

 240-8   that fiscal year.

 240-9         SECTION 18.03.  Sections 256.003(b) and (c), Transportation

240-10   Code, are amended to read as follows:

240-11         (b)  On or before October 1 of each year the county judge of

240-12   each county shall file with the comptroller [state treasurer] a

240-13   sworn report that includes:

240-14               (1)  an account of how the money allocated to the

240-15   county under Section 256.002 during the preceding year was spent;

240-16               (2)  a description, including location, of any new

240-17   roads constructed in whole or part with that money; and

240-18               (3)  any other information related to the

240-19   administration of Section 256.002 and this section that the

240-20   comptroller [state treasurer] requires.

240-21         (c)  A county officer or employee shall provide to the

240-22   comptroller [state treasurer] on request any information necessary

240-23   to determine the legality of the use of funds allocated under

240-24   Section 256.002.

240-25         SECTION 18.04.  Section 502.174(b), Transportation Code, is

240-26   amended to read as follows:

240-27         (b)  The county assessor-collector shall send an assessment

 241-1   collected under this section to the comptroller [state treasurer],

 241-2   at the time and in the manner prescribed by the Texas Agricultural

 241-3   Finance Authority, for deposit in the general revenue fund to the

 241-4   credit of the young farmer loan guarantee account.

 241-5         SECTION 18.05.  Section 601.023, Transportation Code, is

 241-6   amended to read as follows:

 241-7         Sec. 601.023.  PAYMENT OF STATUTORY FEES.  The department may

 241-8   pay:

 241-9               (1)  a statutory fee required by the Texas Department

241-10   of Transportation for a certified abstract or in connection with

241-11   suspension of a vehicle registration; or

241-12               (2)  a statutory fee payable to the comptroller [state

241-13   treasurer] for issuance of a certificate of deposit required by

241-14   Section 601.122.

241-15         SECTION 18.06.  Section 601.053(a), Transportation Code, is

241-16   amended to read as follows:

241-17         (a)  As a condition of operating in this state a motor

241-18   vehicle to which Section 601.051 applies, the operator of the

241-19   vehicle on request shall provide to a peace officer, as defined by

241-20   Article 2.12, Code of Criminal Procedure, or a person involved in

241-21   an accident with the operator evidence of financial responsibility

241-22   by exhibiting:

241-23               (1)  a motor vehicle liability insurance policy

241-24   covering the vehicle that satisfies Subchapter D or a photocopy of

241-25   the policy;

241-26               (2)  a standard proof of motor vehicle liability

241-27   insurance form prescribed by the Texas Department of Insurance

 242-1   under Section 601.081 and issued by a liability insurer for the

 242-2   motor vehicle;

 242-3               (3)  an insurance binder that confirms the operator is

 242-4   in compliance with this chapter;

 242-5               (4)  a surety bond certificate issued under Section

 242-6   601.121;

 242-7               (5)  a certificate of a deposit with the comptroller

 242-8   [state treasurer] covering the vehicle issued under Section

 242-9   601.122;

242-10               (6)  a copy of a certificate of a deposit with the

242-11   appropriate county judge covering the vehicle issued under Section

242-12   601.123; or

242-13               (7)  a certificate of self-insurance covering the

242-14   vehicle issued under Section 601.124 or a photocopy of the

242-15   certificate.

242-16         SECTION 18.07.  Section 601.055, Transportation Code, is

242-17   amended to read as follows:

242-18         Sec. 601.055.  SUBSTITUTION OF EVIDENCE OF FINANCIAL

242-19   RESPONSIBILITY.  (a)  If a person who has filed evidence of

242-20   financial responsibility substitutes other evidence of financial

242-21   responsibility that complies with this chapter, and the department

242-22   accepts the other evidence, the department shall:

242-23               (1)  consent to the cancellation of a bond or

242-24   certificate of insurance filed as evidence of financial

242-25   responsibility; or

242-26               (2)  direct the comptroller [state treasurer] to return

242-27   money or securities deposited with the comptroller [treasurer] as

 243-1   evidence of financial responsibility to the person entitled to the

 243-2   return of the money or securities.

 243-3         (b)  The comptroller [state treasurer] shall return money or

 243-4   securities deposited with the comptroller [treasurer] in accordance

 243-5   with the direction of the department under Subsection (a)(2).

 243-6         SECTION 18.08.  Sections 601.056(a) and (d), Transportation

 243-7   Code, are amended to read as follows:

 243-8         (a)  As provided by this section, the department, on request,

 243-9   shall:

243-10               (1)  consent to the cancellation of a bond or

243-11   certificate of insurance filed as evidence of financial

243-12   responsibility;

243-13               (2)  direct the comptroller [state treasurer] to return

243-14   money or securities deposited with the comptroller [treasurer] as

243-15   evidence of financial responsibility to the person entitled to the

243-16   return of the money or securities; or

243-17               (3)  waive the requirement of filing evidence of

243-18   financial responsibility.

243-19         (d)  The comptroller [state treasurer] shall return the money

243-20   or securities as directed by the department under Subsection

243-21   (a)(2).

243-22         SECTION 18.09.  Section 601.122, Transportation Code, is

243-23   amended to read as follows:

243-24         Sec. 601.122.  DEPOSIT OF CASH OR SECURITIES WITH COMPTROLLER

243-25   [STATE TREASURER].  (a)  A person may establish financial

243-26   responsibility by depositing $55,000 with the comptroller [state

243-27   treasurer] in:

 244-1               (1)  cash; or

 244-2               (2)  securities that:

 244-3                     (A)  are of the type that may legally be

 244-4   purchased by savings banks or trust funds; and

 244-5                     (B)  have a market value equal to the required

 244-6   amount.

 244-7         (b)  On receipt of the deposit, the comptroller [state

 244-8   treasurer] shall issue to the person making the deposit a

 244-9   certificate stating that a deposit complying with this section has

244-10   been made.

244-11         (c)  The comptroller [state treasurer] may not accept the

244-12   deposit and the department may not accept the certificate unless

244-13   the deposit or certificate is accompanied by evidence that an

244-14   unsatisfied judgment of any character against the person making the

244-15   deposit does not exist in the county in which the person making the

244-16   deposit resides.

244-17         (d)  The comptroller [state treasurer] shall hold a deposit

244-18   made under this section to satisfy, in accordance with this

244-19   chapter, an execution on a judgment issued against the person

244-20   making the deposit for damages that:

244-21               (1)  result from the ownership, maintenance, use, or

244-22   operation of a motor vehicle after the date the deposit was made;

244-23   and

244-24               (2)  are for:

244-25                     (A)  bodily injury to or death of any person,

244-26   including damages for care and loss of services; or

244-27                     (B)  damage to or destruction of property,

 245-1   including the loss of use of the property.

 245-2         (e)  Money or securities deposited under this section are not

 245-3   subject to attachment or execution unless the attachment or

 245-4   execution arises out of a suit for damages described by Subsection

 245-5   (d).

 245-6         SECTION 18.10.  Section 601.163(c), Transportation Code, is

 245-7   amended to read as follows:

 245-8         (c)  The person depositing the security may amend in writing

 245-9   the specification of the person on whose behalf the deposit is made

245-10   to include an additional person.  This amendment may be made at any

245-11   time the deposit is in the custody of the department or the

245-12   comptroller [state treasurer].

245-13         SECTION 18.11.  Section 601.165, Transportation Code, is

245-14   amended to read as follows:

245-15         Sec. 601.165.  CUSTODY OF CASH SECURITY.  The department

245-16   shall place cash deposited in compliance with this subchapter in

245-17   the custody of the comptroller [state treasurer].

245-18         SECTION 18.12.  Section 621.352, Transportation Code, is

245-19   amended to read as follows:

245-20         Sec. 621.352.  FEES FOR PERMITS ISSUED UNDER RECIPROCAL

245-21   AGREEMENT.  (a)  The commission by rule may establish fees for the

245-22   administration of Section 621.003 in an amount that, when added to

245-23   the other fees collected by the department, does not exceed the

245-24   amount sufficient to recover the actual cost to the department of

245-25   administering that section.  An administrative fee collected under

245-26   this section shall be sent to the comptroller [state treasurer] for

245-27   deposit to the credit of the state highway fund and may be

 246-1   appropriated only to the department for the administration of

 246-2   Section 621.003.

 246-3         (b)  A permit fee collected by the department under Section

 246-4   621.003 for another state shall be sent to the comptroller [state

 246-5   treasurer] for deposit to the credit of the permit distributive

 246-6   account in the general revenue fund.  The comptroller [state

 246-7   treasurer] shall distribute money in the permit distributive

 246-8   account only to the proper authorities of other states and only as

 246-9   directed by the department.

246-10         SECTION 18.13.  Section 621.353(b), Transportation Code, is

246-11   amended to read as follows:

246-12         (b)  The comptroller [state treasurer] shall send the amount

246-13   due each county under Subsection (a) to the county treasurer or

246-14   officer performing the function of that office at least twice each

246-15   fiscal year.

246-16         SECTION 18.14.  Section 623.051(d), Transportation Code, is

246-17   amended to read as follows:

246-18         (d)  Before exercising any right under a contract under this

246-19   section, a person must execute with a corporate surety authorized

246-20   to do business in this state a surety bond in an amount determined

246-21   by the commission to compensate for the cost of maintenance and

246-22   repairs as provided by this section.  The bond must be approved by

246-23   the comptroller [state treasurer] and the attorney general and must

246-24   be conditioned on the person fulfilling the obligations of the

246-25   contract.

246-26         SECTION 18.15.  Section 623.052(b), Transportation Code, is

246-27   amended to read as follows:

 247-1         (b)  Before a person may operate a vehicle under this

 247-2   section, the person must:

 247-3               (1)  contract with the department to indemnify the

 247-4   department for the cost of the maintenance and repair for damage

 247-5   caused by a vehicle crossing that part of the highway; and

 247-6               (2)  execute an adequate surety bond to compensate for

 247-7   the cost of maintenance and repair, approved by the comptroller

 247-8   [state treasurer] and the attorney general, with a corporate surety

 247-9   authorized to do business in this state, conditioned on the person

247-10   fulfilling each obligation of the agreement.

247-11         SECTION 18.16.  Section 623.077(b), Transportation Code, is

247-12   amended to read as follows:

247-13         (b)  The department shall send each fee collected under

247-14   Subsection (a) to the comptroller [state treasurer] for deposit to

247-15   the credit of the state highway fund.

247-16         SECTION 18.17.  Section 623.078(b), Transportation Code, is

247-17   amended to read as follows:

247-18         (b)  The department shall send each fee collected under

247-19   Subsection (a) to the comptroller [state treasurer] for deposit to

247-20   the credit of the state highway fund.

247-21                    ARTICLE 19.  CHANGES TO TAX CODE

247-22         SECTION 19.01.  Sections 101.003(10)-(12), Tax Code, are

247-23   amended to read as follows:

247-24               (10)  ["Treasurer" means the state treasurer of Texas.]

247-25               [(11)]  "Report" means a tax return, declaration,

247-26   statement, or other document required to be filed with the

247-27   comptroller.

 248-1               (11) [(12)]  "Obligation" means the duty of a person to

 248-2   pay a tax, fee, assessment, or other amount or to make, file, or

 248-3   keep a report, certificate, affidavit, or other document.

 248-4         SECTION 19.02.  Section 101.007, Tax Code, is amended to read

 248-5   as follows:

 248-6         Sec. 101.007.  REFERENCES TO STATE OFFICERS.  A reference in

 248-7   this code to the comptroller[, the treasurer,] or another officer

 248-8   includes authorized representatives and employees of the officer

 248-9   unless the provision indicates that only the officer is intended in

248-10   the reference.

248-11         SECTION 19.03.  Section 111.019(c), Tax Code, is amended to

248-12   read as follows:

248-13         (c)  The amount by which the proceeds from the sale exceed

248-14   the amount of taxes, penalties, interest, and costs shall be

248-15   disposed of by the comptroller as follows:

248-16               (1)  if before the sale of the property a person who is

248-17   not the person liable for the amount and who has an interest in or

248-18   lien on the property files notice of the interest or lien with the

248-19   comptroller, the comptroller shall hold the amount of the excess

248-20   pending a determination of the rights of respective parties in the

248-21   amount of the excess by a court;

248-22               (2)  if no notice is given under Subdivision (1) of

248-23   this subsection and the person liable for the amount gives a

248-24   receipt for the amount of the excess, the comptroller shall return

248-25   the amount of the excess to the person; or

248-26               (3)  if no notice is given under Subdivision (1) of

248-27   this subsection and the comptroller is unable to obtain a receipt

 249-1   under Subdivision (2) of this subsection, the comptroller shall

 249-2   [deposit the amount of the excess with the treasurer, who shall]

 249-3   hold the amount as trustee for the owner subject to the order of

 249-4   the person liable for the amount or a successor of the person.

 249-5         SECTION 19.04.  Sections 111.053(b) and (c), Tax Code, are

 249-6   amended to read as follows:

 249-7         (b)  Before January 1 of each year, the comptroller

 249-8   [treasurer] shall publish in the Texas Register and distribute to

 249-9   each state agency that receives reports or payments of any taxes a

249-10   list of the legal holidays for banking purposes for that year.  The

249-11   comptroller [treasurer] may not include on the list a holiday on

249-12   which the comptroller [treasurer] determines that most financial

249-13   institutions will be conducting ordinary business.

249-14         (c)  An agency that collects a tax for which a due date for a

249-15   report or payment falls on a legal holiday not included on the list

249-16   published under Subsection (b) shall ensure that a taxpayer may

249-17   make a report or payment on that date.  The agency may enter into

249-18   an agreement with the [treasurer or the] comptroller for the

249-19   receipt of reports or payments on that date.

249-20         SECTION 19.05.  Sections 112.053(a) and (c), Tax Code, are

249-21   amended to read as follows:

249-22         (a)  A suit authorized by this subchapter must be brought

249-23   against the public official charged with the duty of collecting the

249-24   tax or fee, the comptroller [treasurer], and the attorney general.

249-25         (c)  A copy of the written protest as originally filed must

249-26   be attached to the original petition filed by the person paying the

249-27   tax or fee with the court and to the copies of the original

 250-1   petition served on the comptroller [treasurer], the attorney

 250-2   general, and the public official charged with the duty of

 250-3   collecting the tax or fee.

 250-4         SECTION 19.06.  Section 112.058, Tax Code, is amended by

 250-5   amending the section heading and Subsection (a) to read as follows:

 250-6         Sec. 112.058.  SUBMISSION OF PROTEST PAYMENTS TO COMPTROLLER

 250-7   [TREASURER].  (a)  Except as provided in Subsections (b) and (c) of

 250-8   this section, payments made under protest are to be handled as

 250-9   follows:

250-10               (1)  An officer who receives payments made under

250-11   protest as required by Section 112.051 of this code shall each day

250-12   send to the comptroller [treasurer] the payments, a list of the

250-13   persons making the payments, and a written statement that the

250-14   payments were made under protest.

250-15               (2)  The comptroller [treasurer] shall, immediately on

250-16   receipt, credit the payments to each fund to which the tax or fee

250-17   paid under protest is allocated by law.

250-18               (3)  The comptroller [treasurer] shall maintain

250-19   detailed records of payments made under protest.

250-20               (4)  A payment under protest bears pro rata interest.

250-21   The pro rata interest is the amount of interest that would be due

250-22   if the amount had been placed in the suspense account of the

250-23   comptroller [treasurer].

250-24         SECTION 19.07.  Section 112.059, Tax Code, is amended to read

250-25   as follows:

250-26         Sec. 112.059.  DISPOSITION OF PROTEST PAYMENTS BELONGING TO

250-27   THE STATE.  If a suit authorized by this subchapter is not brought

 251-1   in the manner or within the time required or if the suit is

 251-2   properly filed and results in a final determination that a tax

 251-3   payment or a portion of a tax payment made under protest, including

 251-4   the pro rata amount of interest earned on the payment, belongs to

 251-5   the state, the comptroller [treasurer] shall ensure that the proper

 251-6   amount has been deposited to the credit of the appropriate state

 251-7   fund.

 251-8         SECTION 19.08.  Sections 112.060(a), (b), and (d), Tax Code,

 251-9   are amended to read as follows:

251-10         (a)  If a suit under this subchapter results in a final

251-11   determination that all or part of the money paid under protest was

251-12   unlawfully demanded by the public official and belongs to the

251-13   taxpayer, the comptroller [treasurer] shall credit the proper

251-14   amount, with the pro rata interest earned on that amount, against

251-15   any other amount finally determined to be due to the state from the

251-16   taxpayer according to information in the custody of the comptroller

251-17   [treasurer] and shall refund the remainder by the issuance of a

251-18   refund warrant.

251-19         (b)  A refund warrant shall be written and signed by the

251-20   comptroller [and countersigned by the treasurer].

251-21         (d)  The comptroller [treasurer] shall deliver [return to the

251-22   comptroller] each tax refund warrant issued[, and the comptroller

251-23   shall deliver it] to the person entitled to receive it.

251-24         SECTION 19.09.  Section 112.101(d), Tax Code, is amended to

251-25   read as follows:

251-26         (d)  The public official shall deliver a payment or bond

251-27   required by Subsection (a)(2) to the comptroller [treasurer].  The

 252-1   comptroller [treasurer] shall deposit a payment made under

 252-2   Subsection (a)(2)(A) to the credit of each fund to which the tax,

 252-3   fee, or penalty is allocated by law.  A payment made under

 252-4   Subsection (a)(2)(A) bears pro rata interest.  The pro rata

 252-5   interest is the amount of interest that would be due if the amount

 252-6   had been placed into the suspense account of the comptroller

 252-7   [treasurer].

 252-8         SECTION 19.10.  Section 112.104(a), Tax Code, is amended to

 252-9   read as follows:

252-10         (a)  If an applicant for an order or injunction granted under

252-11   this subchapter has not filed a bond as required by Section

252-12   112.101(a)(2)(B) of this code, the applicant shall pay to the

252-13   comptroller [treasurer] all taxes, fees, and penalties to which the

252-14   order or injunction applies as those taxes, fees, and penalties

252-15   accrue and before they become delinquent.  The comptroller

252-16   [treasurer] shall credit the payment to each fund to which the tax,

252-17   fee, or penalty is allocated by law.

252-18         SECTION 19.11.  Section 112.106(a), Tax Code, is amended to

252-19   read as follows:

252-20         (a)  If a restraining order or injunction is finally

252-21   dismissed or dissolved, the comptroller [treasurer] shall:

252-22               (1)  if a bond was filed, make demand on the applicant

252-23   and the applicant's sureties for the immediate payment of all

252-24   taxes, fees, and penalties due the state; or

252-25               (2)  if no bond was filed, ensure that the proper

252-26   amount of taxes, fees, and penalties has been deposited to the

252-27   credit of the proper fund to which the taxes, fees, and penalties

 253-1   are allocated.

 253-2         SECTION 19.12.  Section 112.107, Tax Code, is amended to read

 253-3   as follows:

 253-4         Sec. 112.107.  CREDIT OR REFUND.  If the final judgment in a

 253-5   suit under this subchapter maintains the right of the applicant for

 253-6   a temporary or permanent injunction to prevent the assessment or

 253-7   collection of the tax, the comptroller [treasurer] shall credit the

 253-8   money deposited under this subchapter, with the pro rata interest

 253-9   earned on the money, against any other amount finally determined to

253-10   be due to the state from the applicant according to information in

253-11   the custody of the comptroller [treasurer] and shall refund the

253-12   remainder to the applicant.

253-13         SECTION 19.13.  Section 112.155(c), Tax Code, is amended to

253-14   read as follows:

253-15         (c)  The plaintiff is entitled to interest on the amount of

253-16   tax included in a judgment for the plaintiff equal to the amount of

253-17   interest that would be due if the tax had been deposited in the

253-18   suspense account of the comptroller [treasurer].  The interest

253-19   accrues beginning from the date that the tax was paid until:

253-20               (1)  the date that the amount is credited against the

253-21   plaintiff's tax liability; or

253-22               (2)  a date determined by the comptroller that is not

253-23   sooner than 10 days before the actual date on which a refund

253-24   warrant is issued.

253-25         SECTION 19.14.  Section 151.801(d), Tax Code, is amended to

253-26   read as follows:

253-27         (d)  The comptroller shall determine [certify] the amount to

 254-1   be deposited to the highway fund under Subsection (b) [to the

 254-2   treasurer] according to available statistical data indicating the

 254-3   estimated average or actual consumption or sales of lubricants used

 254-4   to propel motor vehicles over the public roadways.  The comptroller

 254-5   shall determine [certify] the amounts to be deposited to the funds

 254-6   or accounts under Subsection (c) [to the treasurer] according to

 254-7   available statistical data indicating the estimated or actual total

 254-8   receipts in this state from taxable sales of sporting goods.  If

 254-9   satisfactory data are not available, the comptroller may require

254-10   taxpayers who make taxable sales or uses of those lubricants or of

254-11   sporting goods to report to the comptroller as necessary to make

254-12   the allocation required by Subsection (b) or (c).

254-13         SECTION 19.15.  Sections 154.001(5) and (15), Tax Code, are

254-14   amended to read as follows:

254-15               (5)  "Counterfeit stamp" means a sticker, label, print,

254-16   tag, or token that is used or is intended to be used to simulate a

254-17   stamp and that is not authorized or issued by the comptroller

254-18   [treasurer].

254-19               (15)  "Stamp" includes only a stamp that:

254-20                     (A)  is printed, manufactured, or made by

254-21   authority of the comptroller [treasurer];

254-22                     (B)  shows payment of the tax imposed by this

254-23   chapter; and

254-24                     (C)  is consecutively numbered and uniquely

254-25   identifiable as a Texas tax stamp.

254-26         SECTION 19.16.  Section 154.024(c), Tax Code, is amended to

254-27   read as follows:

 255-1         (c)  The comptroller [treasurer] and the Texas Alcoholic

 255-2   Beverage Commission shall make rules for the administration of this

 255-3   section.

 255-4         SECTION 19.17.  Section 154.025(k), Tax Code, is amended to

 255-5   read as follows:

 255-6         (k)  To the extent allowed by law, the priority claim of the

 255-7   comptroller [treasurer] under 11 U.S.C. Section 507(d) for taxes

 255-8   imposed by Section 154.022 is assigned to the collecting agent.

 255-9         SECTION 19.18.  Sections 154.042(c) and (d), Tax Code, are

255-10   amended to read as follows:

255-11         (c)  If a distributor reasonably foresees that the

255-12   distributor will receive cigarettes in quantities that will make

255-13   compliance with Subsection (b) commercially impracticable in the

255-14   normal course of business, the distributor shall provide the

255-15   comptroller [treasurer], before receipt of the cigarettes, with

255-16   advance written notice of the anticipated noncompliance and a plan

255-17   for achieving compliance.  On receipt of the written notice, the

255-18   comptroller [treasurer] shall review the plan and determine whether

255-19   to provide an extension of time in which the tax stamps must be

255-20   affixed after the distributor receives the cigarettes.  The

255-21   comptroller [treasurer] may not unreasonably withhold an extension

255-22   of time.

255-23         (d)  A plan for achieving compliance that is submitted to the

255-24   comptroller [treasurer] under Subsection (c) is confidential and

255-25   not subject to Chapter 552, Government Code.

255-26         SECTION 19.19.  Section 154.043, Tax Code, is amended to read

255-27   as follows:

 256-1         Sec. 154.043.  SALE OF STAMPS.  Except as provided in Section

 256-2   154.044 of this code, only the comptroller [treasurer] may sell

 256-3   cigarette stamps.  The stamps may be sold only in quantities made

 256-4   available by the comptroller [treasurer].  The purchaser shall

 256-5   place the order for stamps directly with the comptroller

 256-6   [treasurer].

 256-7         SECTION 19.20.  Section 154.044, Tax Code, is amended to read

 256-8   as follows:

 256-9         Sec. 154.044.  PURCHASE FROM A DISTRIBUTOR.  (a)  If a

256-10   distributor does not possess sufficient unused stamps to cover the

256-11   distributor's inventory of unstamped cigarettes, the comptroller

256-12   [treasurer] may allow the distributor to purchase the required

256-13   stamps from any distributor through a requisition from the

256-14   comptroller [treasurer] so that the unstamped cigarettes may be

256-15   stamped immediately under the direction of the comptroller

256-16   [treasurer].

256-17         (b)  The comptroller [treasurer] may issue the requisition.

256-18   The requisition shall be in triplicate on a form prescribed by the

256-19   comptroller [treasurer].  The copies shall be designated

256-20   "original," "duplicate," and "triplicate."  The comptroller

256-21   [treasurer] shall keep the original and send the duplicate to the

256-22   purchaser and the triplicate to the seller.  The purchaser and

256-23   seller shall keep their respective copies available at all times

256-24   for four years for inspection by the comptroller [treasurer] and

256-25   the attorney general.

256-26         SECTION 19.21.  Section 154.045, Tax Code, is amended to read

256-27   as follows:

 257-1         Sec. 154.045.  RECALL BY COMPTROLLER [TREASURER].  (a)  The

 257-2   comptroller [treasurer] may recall unused stamps.

 257-3         (b)  If the comptroller [treasurer] recalls stamps, the

 257-4   purchaser, on the comptroller's [treasurer's] demand, shall

 257-5   surrender the stamps to the comptroller [treasurer] for exchange.

 257-6         (c)  If the comptroller [treasurer] recalls stamps and

 257-7   receives them from the purchaser, the comptroller [treasurer] shall

 257-8   issue stamps with different serial numbers for the recalled stamps.

 257-9         SECTION 19.22.  Sections 154.046(a) and (c), Tax Code, are

257-10   amended to read as follows:

257-11         (a)  The comptroller [treasurer] shall send an original

257-12   invoice along with any stamps shipped to a distributor.

257-13         (c)  The distributor shall have the original invoice

257-14   available at all times for four years for inspection by the

257-15   comptroller [treasurer] and the attorney general.

257-16         SECTION 19.23.  Section 154.047, Tax Code, is amended to read

257-17   as follows:

257-18         Sec. 154.047.  STAMPS SHIPPED WITH DRAFT ATTACHED.  (a)  A

257-19   distributor may order stamps to be shipped to a bank with which the

257-20   distributor regularly transacts business if the bank is a

257-21   designated state depository under Section 404.022, Government Code.

257-22   The comptroller [treasurer] may ship the stamps to the bank with

257-23   the invoice required by Section 154.046 and a form draft.

257-24         (b)  The comptroller [treasurer] shall prescribe the form of

257-25   the draft.  The draft must show:

257-26               (1)  the amount of the draft;

257-27               (2)  the name of the distributor;

 258-1               (3)  the name and address of the bank; and

 258-2               (4)  the date of shipment.

 258-3         (c)  If the draft is not paid within 20 days after the date

 258-4   of the draft, the bank shall return the draft and stamps to the

 258-5   comptroller [treasurer].  The comptroller [treasurer] shall notify

 258-6   the distributor to appear before the comptroller [treasurer] to

 258-7   show cause why the distributor should not be denied the privilege

 258-8   of ordering stamps shipped with draft attached.  If the distributor

 258-9   fails to show good cause, the comptroller [treasurer] may stop

258-10   shipping stamps with draft attached.

258-11         SECTION 19.24.  Section 154.048, Tax Code, is amended to read

258-12   as follows:

258-13         Sec. 154.048.  STAMP METERS.  (a)  The comptroller

258-14   [treasurer] may authorize a permitted distributor to use a stamp

258-15   metering machine to impress on or to attach to each package of

258-16   cigarettes evidence of tax payment.  The comptroller [treasurer]

258-17   shall adopt rules for the use of tax meter stamps.

258-18         (b)  No distributor may use a tax meter stamp without

258-19   authorization from the comptroller [treasurer].  The comptroller

258-20   [treasurer] may revoke or suspend without prior notice

258-21   authorization to use tax meter stamps.

258-22         SECTION 19.25.  Section 154.049, Tax Code, is amended to read

258-23   as follows:

258-24         Sec. 154.049.  METER SETTINGS.  A distributor using a stamp

258-25   metering machine shall submit a request for a setting on a form

258-26   furnished by the comptroller [treasurer].  The distributor shall at

258-27   his own expense send the meter with the proper payment to the

 259-1   comptroller [treasurer].  The comptroller [treasurer] shall set and

 259-2   return the meter, with insurance and shipping cost collect on

 259-3   delivery.  The comptroller [treasurer] shall keep the key to the

 259-4   meter.  Only the comptroller [treasurer] may remove or break the

 259-5   seal on the meter.  A distributor may request meter settings only

 259-6   in units of 100.  No distributor may request a meter setting of

 259-7   more than 99,900.

 259-8         SECTION 19.26.  Section 154.050, Tax Code, is amended to read

 259-9   as follows:

259-10         Sec. 154.050.  PAYMENT.  (a)  The comptroller [treasurer]

259-11   shall require that payment in full for stamps or meter settings be

259-12   made within 30 days after the date stamps or a set meter and an

259-13   accompanying invoice from the comptroller [treasurer] are received

259-14   by the distributor, except that at the close of each biennium,

259-15   payment for stamps or meter settings purchased or received on or

259-16   before August 31 of that fiscal year shall be made in full on or

259-17   before August 31 of that fiscal year, providing that such payment

259-18   be received in the office of the comptroller [treasurer] no later

259-19   than August 31 of that fiscal year notwithstanding any other

259-20   statute regarding tax due dates to the contrary.

259-21         (b)  The comptroller [treasurer] may not ship stamps or set a

259-22   meter without advance payment under this section unless the

259-23   distributor has satisfied all requirements imposed under Section

259-24   154.051 of this code.

259-25         (c)  Payment for stamps or meter settings must be made by

259-26   cashier's check payable to the comptroller [treasurer], electronic

259-27   funds transfer to the comptroller [treasurer], or any other method

 260-1   of payment authorized by the comptroller [treasurer].

 260-2         (d)  The dishonor of a check delivered to the comptroller

 260-3   [treasurer] for payment of stamps constitutes a failure to pay the

 260-4   tax when due.

 260-5         SECTION 19.27.  Sections 154.051(a)-(k), (n), and (o), Tax

 260-6   Code, are amended to read as follows:

 260-7         (a)  The cigarette tax recovery trust fund is a private trust

 260-8   fund established outside the state treasury and as provided by this

 260-9   section secures the payment of cigarette taxes by distributors who

260-10   contribute to the fund.  The fund is composed of the total amount

260-11   in the separate accounts maintained in trust for all contributing

260-12   distributors as provided by this section.  The assets of the fund,

260-13   including interest earned by those assets, are to be held in trust

260-14   for the benefit and protection of the state treasury, and may not

260-15   be diverted, distributed, or appropriated for any purpose other

260-16   than as provided by this section.  Interest earned by a

260-17   distributor's account but not yet refunded to the distributor

260-18   pursuant to Subsection (d) shall, on a monthly basis, be paid to

260-19   the comptroller [treasurer] as provided by Subsection (b) or

260-20   credited to the distributor's account.

260-21         (b)  The comptroller [treasurer] is the trustee of the fund

260-22   as provided by Section 404.073, Government Code, and shall manage

260-23   the fund as provided by this section.  In investing the assets of

260-24   the fund, the comptroller [treasurer] has the obligations, duties,

260-25   and powers provided for the investment of state funds by Sections

260-26   404.021 through 404.0245 [404.025], Government Code, and by the

260-27   orders of the State Depository Board. The comptroller [treasurer]

 261-1   shall receive five percent of the interest earned on all assets of

 261-2   the fund as compensation for serving as trustee of the fund.

 261-3         (c)  A distributor who orders stamps or requests a meter

 261-4   setting from the comptroller [state treasurer] under this chapter

 261-5   without advance payment shall contribute to an account maintained

 261-6   in the distributor's name in the fund money in the amount of each

 261-7   discount to which the distributor is entitled under Section 154.052

 261-8   of this code.  When the money in the distributor's account equals

 261-9   20 percent of the designated amount of stamps and meter setting

261-10   requested by the distributor and approved by the comptroller

261-11   [treasurer] to be purchased in any one month, the distributor's

261-12   interest in the fund becomes vested.

261-13         (d)  Except as provided by Subsection (g) of this section, on

261-14   the last day of each quarter after the quarter in which a

261-15   distributor's interest in the fund becomes vested, the comptroller

261-16   [treasurer] shall refund to the distributor all money contributed

261-17   to the fund by the distributor under Subsection (c) of this section

261-18   in the earliest preceding quarter for which a refund has not been

261-19   paid, plus interest earned on that amount, as long as the

261-20   distributor's interest in the fund remains vested.

261-21         (e)  Until a distributor who orders stamps or requests a

261-22   meter setting without advance payment acquires a vested interest in

261-23   the fund, the comptroller [treasurer] may require the distributor

261-24   to post with the comptroller [treasurer] an irrevocable letter of

261-25   credit drawn in the form and amount specified by the comptroller

261-26   [treasurer] to secure the payment of cigarette taxes by that

261-27   distributor.  The comptroller [treasurer] may not ship stamps to or

 262-1   set a meter for a distributor not having a vested interest in the

 262-2   fund without advance payment until the distributor posts the

 262-3   required letter of credit.

 262-4         (f)  In addition to any other requirement under this section,

 262-5   the comptroller [treasurer] as a condition for shipping stamps or

 262-6   setting a meter without advance payment may:

 262-7               (1)  require a fiscal-year-end financial statement,

 262-8   including a balance sheet and income statement verifiable as to its

 262-9   accuracy or other financial information acceptable to the

262-10   comptroller [treasurer] and verifiable as to its accuracy;

262-11               (2)  require indemnification from each officer,

262-12   director, and stockholder owning 10 percent or more of outstanding

262-13   stock, if the distributor is a corporation, from each partner, if

262-14   the distributor is a partnership, from each member or owner of a

262-15   joint venture or syndication, and from the owner of a sole

262-16   proprietorship;

262-17               (3)  require the distributor to obtain and provide the

262-18   comptroller [treasurer] with a credit report from a credit

262-19   reporting agency acceptable to the comptroller [treasurer];

262-20               (4)  require a distributor to increase the balance in

262-21   its account in the fund;

262-22               (5)  require a distributor to post a letter of credit;

262-23               (6)  reduce a distributor's credit time or amount; or

262-24               (7)  take any other reasonable and necessary action to

262-25   protect the state treasury from loss due to the nonpayment of

262-26   cigarette taxes.

262-27         (g)  If a distributor who has an account in the fund fails to

 263-1   pay in full a tax imposed by this chapter by the due date, the

 263-2   comptroller [treasurer], without prior notice to the distributor or

 263-3   any other preliminary procedure, may seize any unaffixed stamps and

 263-4   any stamped cigarette packages, up to and including the full amount

 263-5   of unpaid tax.  If the proceeds from the seizure do not satisfy the

 263-6   total tax deficiency or the comptroller [treasurer] does not seize

 263-7   any unaffixed stamps or stamped cigarette packages, the comptroller

 263-8   [treasurer] may withdraw immediately from the fund an amount equal

 263-9   to the amount of unpaid taxes due.  The comptroller [treasurer]

263-10   shall first withdraw the amount from the account of the defaulting

263-11   distributor.  The comptroller [treasurer] shall use the

263-12   comptroller's [treasurer's] best efforts to collect the tax due

263-13   from the defaulting distributor before withdrawing money from the

263-14   other accounts in the fund to satisfy the tax liability.  If that

263-15   distributor's account does not contain sufficient money to satisfy

263-16   the tax liability in full, the comptroller [treasurer] shall

263-17   withdraw the additional amount necessary to satisfy that liability

263-18   from the other accounts in the fund in proportion to the balance of

263-19   each account, except that the withdrawal from any other

263-20   distributor's account in the fund is limited to an amount not

263-21   greater than 50 percent of the designated amount of stamps and

263-22   meter settings requested by the distributor under Subsection (c) or

263-23   of the amount required by the comptroller [treasurer] under

263-24   Subsection (f)(4).  Not later than the fifth day after the date of

263-25   a withdrawal, the comptroller [treasurer] shall notify each

263-26   distributor of the withdrawal from its account and the amount

263-27   withdrawn.  If as a result of a withdrawal made under this

 264-1   subsection a distributor's balance in its account is reduced to an

 264-2   amount less than the minimum required under this section, the

 264-3   distributor's interest in the fund is no longer vested, and the

 264-4   comptroller [treasurer] may discontinue refunds to the distributor

 264-5   under Subsection (d) until the distributor again acquires a vested

 264-6   interest in the fund.  The comptroller [treasurer] may require a

 264-7   distributor whose interest in the fund is no longer vested to post

 264-8   an irrevocable letter of credit with the comptroller [treasurer] to

 264-9   secure the payment of cigarette taxes by the distributor.  To

264-10   protect the fund, each distributor having an account in the fund

264-11   must indemnify the fund against any amount withdrawn from the fund

264-12   under this subsection because of the failure of the distributor to

264-13   pay in full a tax imposed by this chapter by the due date.

264-14         (h)  If distributor accounts, other than a defaulting

264-15   distributor account, are drawn pursuant to Subsection (g) of this

264-16   section, each affected, nondefaulting distributor shall have a

264-17   claim against the defaulting distributor for the amount so drawn.

264-18   The comptroller [treasurer] is hereby appointed trustee, agent, and

264-19   assignee of each affected, nondefaulting distributor for purposes

264-20   of seeking recovery of the amount so drawn.  The comptroller

264-21   [treasurer] shall have the sole judgment and discretion in deciding

264-22   whether or not to pursue such a claim and shall have discretion to

264-23   handle any such claim on any basis that in the opinion of the

264-24   comptroller [treasurer] is in the best interest of the fund.  The

264-25   comptroller [treasurer] is released from any liability related to

264-26   the handling of the claims described in this section except for

264-27   intentional or wilful misconduct.

 265-1         (i)  A distributor or person authorized to act on behalf of a

 265-2   distributor may notify the comptroller [treasurer] in writing that

 265-3   the distributor no longer desires to have stamps shipped or a meter

 265-4   set without advance payment, and may request that the money in the

 265-5   distributor's account in the fund be paid to the distributor or the

 265-6   distributor's heirs or assigns.  The comptroller [treasurer] shall

 265-7   pay the money in the distributor's account as requested at the end

 265-8   of the next quarter after all outstanding taxes owed to the state

 265-9   by the distributor have been paid.

265-10         (j)  Under no circumstances shall the comptroller [treasurer]

265-11   return to any distributor an amount greater than the balance in the

265-12   distributor's account within the cigarette tax recovery trust fund

265-13   less any sums drawn pursuant to Subsection (g) of this section.

265-14   The State of Texas' liability to any distributor pursuant to this

265-15   section is expressly limited to the sums on deposit in the

265-16   distributor's account at the time the request for return of funds

265-17   is made.

265-18         (k)  The comptroller [treasurer] may adopt and enforce rules

265-19   necessary to carry out this section.

265-20         (n)  The comptroller [treasurer] shall regularly distribute

265-21   financial information regarding the performance of the fund to

265-22   participating distributors on a regular basis.  On the written

265-23   request of a participating distributor, the comptroller [treasurer]

265-24   shall provide the distributor with the name and address of each

265-25   distributor participating in the fund, the percentage of the total

265-26   fund represented by each distributor's account, and the total

265-27   amount of money in the fund.

 266-1         (o)  In lieu of participation in the cigarette tax recovery

 266-2   trust fund to secure payment for stamps or meter settings and in

 266-3   lieu of advance payment for stamps or meter settings, a distributor

 266-4   may pledge to the comptroller [treasurer] sufficient collateral to

 266-5   secure payment for stamps or meter settings.  Such pledge shall be

 266-6   evidenced by a pledge agreement in a form promulgated by the

 266-7   comptroller [treasurer], and such collateral shall consist of

 266-8   certificates of deposit, treasury notes, treasury bills, or other

 266-9   similar types of collateral acceptable to the comptroller

266-10   [treasurer] and held in a separate trust fund established in the

266-11   Texas Treasury Safekeeping Trust Company.  All interest earned on

266-12   such collateral shall belong to the distributor.  The comptroller

266-13   [treasurer] may require the pledge of additional collateral in the

266-14   event the comptroller [treasurer] determines that the fair market

266-15   value of the pledged collateral is less than the amount due the

266-16   comptroller [treasurer] for stamps or meter settings.  On the

266-17   written request of the distributor, the comptroller [treasurer]

266-18   shall release collateral from the pledge agreement or allow the

266-19   substitution of collateral subject to the pledge agreement if after

266-20   such release or substitution the fair market value of the

266-21   collateral subject to the pledge will be equal to or greater than

266-22   the amount due the comptroller [treasurer] for stamps or meter

266-23   settings.  If a distributor fails to pay tax in full when due, the

266-24   comptroller [treasurer] may, if the distributor does not pay such

266-25   past due tax and any penalty related thereto within three days

266-26   after receipt of written notice of such failure from the

266-27   comptroller [treasurer], sell or dispose of the collateral and

 267-1   apply the proceeds to the payment of taxes, interest, penalties,

 267-2   and costs due to the comptroller [treasurer] by the distributor,

 267-3   with any remaining proceeds being refunded to the distributor.

 267-4         SECTION 19.28.  Section 154.052(b), Tax Code, is amended to

 267-5   read as follows:

 267-6         (b)  If a distributor violates a provision of this chapter,

 267-7   the distributor is not entitled to receive a stamping allowance for

 267-8   the period of the violation.  On a determination by the comptroller

 267-9   [treasurer] that the distributor is no longer in violation of a

267-10   provision of this chapter, the distributor is entitled to receive a

267-11   stamping allowance.

267-12         SECTION 19.29.  Section 154.053, Tax Code, is amended to read

267-13   as follows:

267-14         Sec. 154.053.  MANUFACTURE OF STAMPS.  (a)  The comptroller

267-15   [treasurer] shall design and have printed or manufactured cigarette

267-16   tax stamps.  If the comptroller [treasurer] determines that it is

267-17   necessary for the best enforcement of this chapter, the comptroller

267-18   [treasurer] may change the design, color, or denomination of the

267-19   stamps.  The comptroller [treasurer] shall determine the size,

267-20   design, color, or denomination, and quantity of stamps

267-21   manufactured.  The stamps shall be manufactured so that they may be

267-22   easily and securely attached to an individual package of

267-23   cigarettes.  The comptroller [treasurer] may designate the method

267-24   of identification for the stamps and shall award the contract for

267-25   the printing or manufacturing to the person submitting the bid that

267-26   will give the best protection to the state in enforcing this

267-27   chapter.

 268-1         (b)  The comptroller [treasurer] shall designate the date of

 268-2   issue of new stamps by issuing a proclamation.  The date of the

 268-3   proclamation is the date of issue.

 268-4         SECTION 19.30.   Section 154.054, Tax Code, is amended to

 268-5   read as follows:

 268-6         Sec. 154.054.  REDEMPTION AND DESTRUCTION OF STAMPS.

 268-7   (a)  The comptroller [treasurer] may redeem unused cigarette tax

 268-8   stamps that were lawfully issued before a design, color, or

 268-9   denomination change.

268-10         (b)  The comptroller [treasurer] may destroy stamps in the

268-11   manner the comptroller [treasurer] considers best.

268-12         SECTION 19.31.   Sections 154.058(a) and (b), Tax Code, are

268-13   amended to read as follows:

268-14         (a)  On the effective date of a tax increase, each

268-15   distributor, wholesaler, and retailer who has 2,000 or more

268-16   cigarettes in packages stamped with stamps of an old design, color,

268-17   or denomination shall immediately inventory the packages and any

268-18   unused stamps of an old design, color, or denomination and file a

268-19   report of the inventory with the comptroller [treasurer].

268-20         (b)  Not later than the 30th day after the date of the

268-21   increase, each distributor, wholesaler, and retailer shall pay the

268-22   amount of the additional tax due because of the tax increase by

268-23   attaching to the inventory a cashier's check payable to the

268-24   comptroller [treasurer], by electronic funds transfer to the

268-25   comptroller [treasurer] or by any other method of payment

268-26   authorized by the comptroller [treasurer].

268-27         SECTION 19.32.   Section 154.060, Tax Code, is amended to

 269-1   read as follows:

 269-2         Sec. 154.060.  CANCELLATION.  No person may cancel, mark, or

 269-3   mutilate a stamp on a package of cigarettes so that the comptroller

 269-4   [treasurer] is prevented from or hindered in examining the

 269-5   genuineness of the stamp.

 269-6         SECTION 19.33.   Sections 154.101(a) and (c)-(f), Tax Code,

 269-7   are amended to read as follows:

 269-8         (a)  A person may not engage in business as a distributor,

 269-9   wholesaler, bonded agent, or retailer unless the person has applied

269-10   for and received the applicable permit from the comptroller

269-11   [treasurer].

269-12         (c)  The comptroller [treasurer] shall prescribe the form and

269-13   content of an application for a permit and shall furnish the form

269-14   on request of an applicant.

269-15         (d)  The applicant shall accurately complete all information

269-16   required by the application and provide the comptroller [treasurer]

269-17   with such additional information as the comptroller [treasurer]

269-18   deems necessary.

269-19         (e)  The comptroller [treasurer] may require each

269-20   corporation, association, joint venture, syndicate, partnership, or

269-21   proprietorship to furnish financial information regarding the

269-22   applicant and to provide the identity of each officer, director,

269-23   stockholder owning 10 percent or more of the outstanding stock,

269-24   partner, member, owner, or managing employee.

269-25         (f)  Each distributor, wholesaler, and retailer that applies

269-26   for a permit to sell cigarettes from a vehicle must provide the

269-27   make, model, vehicle identification number, registration number,

 270-1   and any other information required by the comptroller [treasurer].

 270-2         SECTION 19.34.  Section 154.102(a), Tax Code, is amended to

 270-3   read as follows:

 270-4         (a)  The comptroller [treasurer] may issue a combination

 270-5   permit for cigarettes and tobacco products to a person who is a

 270-6   distributor, wholesaler, bonded agent, or retailer as defined by

 270-7   this chapter and Chapter 155 for both cigarettes and tobacco

 270-8   products.

 270-9         SECTION 19.35.  Section 154.107, Tax Code, is amended to read

270-10   as follows:

270-11         Sec. 154.107.  DENIAL OF PERMIT.  The comptroller [treasurer]

270-12   may reject an application and deny a permit if the comptroller

270-13   [treasurer] finds, after notice and opportunity for hearing, any of

270-14   the following:

270-15               (1)  the premises where business will be conducted are

270-16   not adequate to protect the cigarettes or cigarette stamps; or

270-17               (2)  the applicant or managing employee, or if the

270-18   applicant is a corporation, an officer, director, manager, or any

270-19   stockholder who holds directly or through family or partner

270-20   relationship 10 percent or more of the corporation's stock, or, if

270-21   the applicant is a partnership, a partner or manager:

270-22                     (A)  has failed to disclose any information

270-23   required by Sections 154.101(d), (e), and (f), including prior

270-24   business experience, financial condition of the permit holder,

270-25   present or previous business affiliations, prior employment, and

270-26   any conviction of a felony, or has made a false statement in the

270-27   application; or

 271-1                     (B)  has previously violated provisions of this

 271-2   chapter.

 271-3         SECTION 19.36.   Sections 154.110(a) and (d), Tax Code, are

 271-4   amended to read as follows:

 271-5         (a)  The comptroller [treasurer] shall issue a permit to a

 271-6   distributor, wholesaler, bonded agent, or retailer if the

 271-7   comptroller [treasurer]:

 271-8               (1)  has received an application and fee, if required;

 271-9               (2)  believes that the applicant has complied with

271-10   Section 154.101; and

271-11               (3)  determines that issuing the permit will not

271-12   jeopardize the administration and enforcement of this chapter.

271-13         (d)  The permit must indicate the type of permit that it is

271-14   and authorize the sale of cigarettes in this state.  The permit

271-15   must show that it is revocable and shall be forfeited or suspended

271-16   if the conditions of issuance, provisions of this chapter, or rules

271-17   of the comptroller [treasurer] are violated.

271-18         SECTION 19.37.   Sections 154.111(b), (d), and (f), Tax Code,

271-19   are amended to read as follows:

271-20         (b)  An application for a permit required by this chapter

271-21   must be accompanied by a fee of:

271-22               (1)  $100 for a bonded agent's permit;

271-23               (2)  $100 for a distributor's permit;

271-24               (3)  $50 for a wholesaler's permit; and

271-25               (4)  $15 for each permit for a vehicle if the applicant

271-26   is also applying for a permit as a bonded agent, distributor, or

271-27   wholesaler or has received a current permit from the comptroller

 272-1   [treasurer] under Sections 154.101 and 154.110.

 272-2         (d)  For a new or renewal permit required by Section 154.101,

 272-3   the comptroller [treasurer] shall prorate the fee according to the

 272-4   number of months remaining during the calendar year that the permit

 272-5   is to be in effect.

 272-6         (f)  If at the date of issuance a permit will expire within

 272-7   three months, the comptroller [treasurer] may collect the prorated

 272-8   permit fee or the fee for the current year and, with the consent of

 272-9   the permit holder, may collect the fee for the next permit year and

272-10   issue a permit or permits for both periods, as applicable.

272-11         SECTION 19.38.   Section 154.1135(c), Tax Code, is amended to

272-12   read as follows:

272-13         (c)  A permit may not be issued in exchange for a check until

272-14   after the comptroller [treasurer] has received full payment on the

272-15   check.

272-16         SECTION 19.39.   Sections 154.114(a)-(e) and (g), Tax Code,

272-17   are amended to read as follows:

272-18         (a)  The comptroller [treasurer] may suspend or revoke a

272-19   person's permit if the comptroller [treasurer] finds, after notice

272-20   and hearing as provided by this section, that the permit holder

272-21   violated this chapter or an administrative rule made under this

272-22   chapter.

272-23         (b)  If the comptroller [treasurer] intends to suspend or

272-24   revoke a permit, the comptroller [treasurer] shall provide the

272-25   permit holder with written notice that includes a statement:

272-26               (1)  of the reason for the intended revocation or

272-27   suspension;

 273-1               (2)  that the permit holder is entitled to a hearing by

 273-2   the comptroller [treasurer] on the proposed suspension or

 273-3   revocation of the permit; and

 273-4               (3)  of the date, time, and place of the hearing.

 273-5         (c)  The comptroller [treasurer] shall mail the written

 273-6   notice by certified mail, return receipt requested, to the permit

 273-7   holder's mailing address as it appears on the comptroller's

 273-8   [treasurer's] records. Service by mail is complete when the notice

 273-9   is received, as evidenced by return receipt from the U. S. Postal

273-10   Service.

273-11         (d)  The comptroller [treasurer] shall give the permit holder

273-12   not less than 10 days' notice of a final hearing.

273-13         (e)  A permit holder may appeal the decision of the

273-14   comptroller [treasurer] to a district court in Travis County not

273-15   later than the 30th day after the date the comptroller's

273-16   [treasurer's] decision becomes final.

273-17         (g)  If the comptroller [treasurer] suspends or revokes a

273-18   permit, the comptroller [treasurer] shall provide written notice of

273-19   the suspension or revocation, within a reasonable time, to each

273-20   permit holder in the state.  A permit holder violates Section

273-21   154.1015(a) by selling or distributing cigarettes to a person whose

273-22   permit has been suspended or revoked only after the permit holder

273-23   receives written notice of the suspension or revocation from the

273-24   comptroller [treasurer].

273-25         SECTION 19.40.   Sections 154.1141(a), (b), and (e), Tax

273-26   Code, are amended to read as follows:

273-27         (a)  The comptroller [treasurer] may suspend a person's

 274-1   permit without notice or a hearing for the person's failure to

 274-2   comply with this chapter or a rule adopted under this chapter if

 274-3   the person's continued operation constitutes an immediate and

 274-4   substantial threat to the collection of taxes imposed by this

 274-5   chapter and attributable to the person's operation.

 274-6         (b)  If the comptroller [treasurer] summarily suspends a

 274-7   person's permit, proceedings for a preliminary hearing before the

 274-8   comptroller [treasurer] or the comptroller's [treasurer's]

 274-9   representative must be initiated simultaneously with the summary

274-10   suspension.  The preliminary hearing shall be set for a date not

274-11   later than 10 days after the date of the summary suspension, unless

274-12   the parties agree to a later date.

274-13         (e)  To initiate a proceeding to suspend summarily a person's

274-14   permit, the comptroller [treasurer] shall serve notice on the

274-15   permit holder informing the permit holder of the right to a

274-16   preliminary hearing before the comptroller [treasurer] or the

274-17   comptroller's [treasurer's] representative and of the time and

274-18   place of the preliminary hearing.  The notice must be personally

274-19   served on the permit holder or an officer, employee, or agent of

274-20   the permit holder or sent by certified or registered mail, return

274-21   receipt requested, to the permit holder's mailing address as it

274-22   appears in the comptroller's [treasurer's] records.  The notice

274-23   must state the alleged violations that constitute the grounds for

274-24   summary suspension.  The suspension is effective at the time the

274-25   notice is served.  If the notice is served in person, the permit

274-26   holder shall immediately surrender the permit to the comptroller

274-27   [treasurer] or the comptroller's [treasurer's] representative.  If

 275-1   notice is served by mail, the permit holder shall immediately

 275-2   return the permit to the comptroller [treasurer].

 275-3         SECTION 19.41.   Section 154.1145, Tax Code, is amended to

 275-4   read as follows:

 275-5         Sec. 154.1145.  HEARINGS.  Unless otherwise provided by this

 275-6   chapter, the comptroller [treasurer] shall conduct all hearings

 275-7   required by this chapter in accordance with Chapter 2001,

 275-8   Government Code.  The comptroller [treasurer] may designate one or

 275-9   more representatives to conduct the hearings and may prescribe the

275-10   rules of procedure governing the hearings.

275-11         SECTION 19.42.   Section 154.116, Tax Code, is amended to

275-12   read as follows:

275-13         Sec. 154.116.  COMPTROLLER [TREASURER] MAY REFUSE TO SELL

275-14   STAMPS.  The comptroller [treasurer] may refuse to sell stamps to a

275-15   person who has not obtained a distributor's permit or to a

275-16   distributor who does not have a valid permit.

275-17         SECTION 19.43.   Section 154.201, Tax Code, is amended to

275-18   read as follows:

275-19         Sec. 154.201.  RECORD OF PURCHASE OR RECEIPT.  Each

275-20   distributor, wholesaler, bonded agent, and export warehouse shall

275-21   keep records at each place of business of all cigarettes purchased

275-22   or received, including records of those cigarettes for which no tax

275-23   is due under federal law.  Each retailer shall keep records at a

275-24   single location, which the retailer shall designate as its

275-25   principal place of business in this state, of all cigarettes

275-26   purchased and received.  These records must include:

275-27               (1)  the name and address of the shipper or carrier and

 276-1   the mode of transportation;

 276-2               (2)  all shipping records or copies of records,

 276-3   including invoices, bills of lading, waybills, freight bills, and

 276-4   express receipts;

 276-5               (3)  the date and the name of the place of origin of

 276-6   the cigarette shipment;

 276-7               (4)  the date and the name of the place of arrival of

 276-8   the cigarette shipment;

 276-9               (5)  a statement of the number, kind, and price paid

276-10   for cigarettes, including cigarettes in stamped and unstamped

276-11   packages;

276-12               (6)  the name, address, permit number, and tax

276-13   identification number of the seller; and

276-14               (7)  any other information required by rules of the

276-15   comptroller [treasurer].

276-16         SECTION 19.44.   Section 154.202, Tax Code, is amended to

276-17   read as follows:

276-18         Sec. 154.202.  RECORD OF STAMPS.  (a)  A distributor shall

276-19   keep at each place of business in this state the invoices for all

276-20   stamps purchased or received from the comptroller [treasurer] and

276-21   records providing complete information on stamps purchased and the

276-22   disposition of the stamps.

276-23         (b)  The records must show:

276-24               (1)  the date of receipt of stamps purchased;

276-25               (2)  the beginning and ending serial numbers and the

276-26   quantity of stamps purchased;

276-27               (3)  the design, color, or denomination of stamps

 277-1   purchased;

 277-2               (4)  the amount paid for the stamps;

 277-3               (5)  if stamps were sold under Section 154.044, the

 277-4   name of the purchaser, the beginning and ending numbers and

 277-5   quantity of stamps purchased, and the design, color, or

 277-6   denomination and amount paid for the stamps;

 277-7               (6)  the beginning and ending serial numbers and

 277-8   quantity, design, color, or denomination of and amount paid for

 277-9   stamps sent to or received from the comptroller [treasurer] as an

277-10   exchange; and

277-11               (7)  the inventory of stamps on hand on the first day

277-12   of each month, showing the beginning and ending serial numbers and

277-13   quantity, design, color, or denomination of, and amount paid for,

277-14   the stamps.

277-15         SECTION 19.45.   Section 154.204(b), Tax Code, is amended to

277-16   read as follows:

277-17         (b)  A manufacturer who sells cigarettes to a permit holder

277-18   in this state shall file with the comptroller [treasurer], on or

277-19   before the end of each month, a report showing the information

277-20   listed in Subdivisions (1), (2), (3), and (5) of Subsection (a) for

277-21   the previous month.  Information related to the manufacturer's list

277-22   prices must be submitted by the manufacturer 15 days prior to any

277-23   scheduled changes.

277-24         SECTION 19.46.   Section 154.205, Tax Code, is amended to

277-25   read as follows:

277-26         Sec. 154.205.  MANUFACTURER'S REPRESENTATIVE'S RECORDS.  A

277-27   manufacturer's representative shall retain copies of the invoices

 278-1   prepared for each purchase or sale of cigarettes from or to a

 278-2   permittee of the state.  The manufacturer's representative shall

 278-3   deliver a copy of the invoice prepared for each sale of cigarettes

 278-4   to the purchaser or recipient of the cigarettes.  Such records

 278-5   shall be available for inspection and copying by the comptroller

 278-6   [treasurer] and attorney general for four years.

 278-7         SECTION 19.47.   Section 154.207(b), Tax Code, is amended to

 278-8   read as follows:

 278-9         (b)  The comptroller [treasurer] and the attorney general are

278-10   entitled to access during regular business hours to all records

278-11   pertaining to cigarettes that are transported.

278-12         SECTION 19.48.   Sections 154.209(a) and (c), Tax Code, are

278-13   amended to read as follows:

278-14         (a)  Each permit holder shall keep records available for

278-15   inspection and copying by the comptroller [treasurer] and the

278-16   attorney general for four years.

278-17         (c)  Each permit holder who is required to keep records under

278-18   this chapter shall provide the comptroller [treasurer] with copies

278-19   of the records on demand.

278-20         SECTION 19.49.   Section 154.210, Tax Code, is amended to

278-21   read as follows:

278-22         Sec. 154.210.  DISTRIBUTOR'S REPORT.  (a)  A distributor

278-23   shall deliver to the comptroller [treasurer], on or before the 15th

278-24   day of each month, a report for the preceding month.

278-25         (b)  The report must show:

278-26               (1)  the date the report was made;

278-27               (2)  the distributor's name and address;

 279-1               (3)  the month the report covers;

 279-2               (4)  the number of cigarettes in stamped packages and

 279-3   the number of cigarettes in unstamped packages on hand at the

 279-4   beginning of the month;

 279-5               (5)  the number of cigarettes in stamped packages and

 279-6   the number of cigarettes in unstamped packages purchased and

 279-7   received during the month;

 279-8               (6)  the number of cigarettes in stamped packages and

 279-9   the number of cigarettes in unstamped packages returned by

279-10   customers or received from any other source;

279-11               (7)  the number of cigarettes in stamped packages and

279-12   the number of cigarettes in unstamped packages sold, used, lost,

279-13   stolen, returned to the factory, or disposed of in any other

279-14   manner;

279-15               (8)  the number of cigarettes in stamped packages and

279-16   the number of cigarettes in unstamped packages on hand at the end

279-17   of the month;

279-18               (9)  the number of cigarettes sold or distributed in

279-19   interstate commerce;

279-20               (10)  the number of cigarettes sold or distributed in

279-21   intrastate commerce;

279-22               (11)  the beginning and ending serial numbers, design,

279-23   color, or denomination of, and amount paid for, unused stamps on

279-24   hand at the beginning of the month;

279-25               (12)  the beginning and ending serial numbers, design,

279-26   color, or denomination of, and amount paid for, stamps purchased

279-27   and received;

 280-1               (13)  the beginning and ending serial numbers, design,

 280-2   color, or denomination of, and amount paid for, stamps sold, used,

 280-3   lost, stolen, exchanged, returned, or disposed of in any other

 280-4   manner;

 280-5               (14)  the beginning and ending serial numbers, design,

 280-6   color, or denomination of, and amount paid for, stamps on hand at

 280-7   the end of the month;

 280-8               (15)  a summary schedule, on a form prescribed by the

 280-9   comptroller [treasurer], identifying each receipt of cigarettes,

280-10   the date of receipt, the shipper, the invoice number, and the

280-11   quantity of cigarettes received; and

280-12               (16)  any other information the comptroller [treasurer]

280-13   requires relating to cigarettes and to the payment of taxes due on

280-14   them.

280-15         (c)  The comptroller [treasurer] shall prescribe the form and

280-16   content of the report.

280-17         SECTION 19.50.   Section 154.211(a), Tax Code, is amended to

280-18   read as follows:

280-19         (a)  A person's failure to produce the records required by

280-20   this subchapter or a person's inability to provide other proof of

280-21   tax payment, on demand by the comptroller [treasurer], is prima

280-22   facie evidence that cigarettes possessed by the person were

280-23   received for the purpose of making a first sale without payment of

280-24   the tax imposed by this chapter.

280-25         SECTION 19.51.   The heading to Subchapter G, Chapter 154,

280-26   Tax Code, is amended to read as follows:

280-27        SUBCHAPTER G.  ADMINISTRATION BY COMPTROLLER [TREASURER]

 281-1         SECTION 19.52.   Section 154.301, Tax Code, is amended to

 281-2   read as follows:

 281-3         Sec. 154.301.  COMPLIANCE INVESTIGATION AND RECOVERY OF

 281-4   COSTS.  (a)  If the comptroller [treasurer] has reason to believe

 281-5   that a person has failed to pay a tax or penalty in the proper

 281-6   manner when due, as required by this chapter, or otherwise failed

 281-7   to comply with this chapter, the comptroller [treasurer] may employ

 281-8   auditors and investigators to determine compliance and any amount

 281-9   due.  If the comptroller [treasurer] determines that the person has

281-10   not paid the tax or penalty or has failed to comply with this

281-11   chapter, the comptroller [treasurer] may require the person to pay

281-12   the reasonable expenses incurred for the compliance investigation

281-13   and audit as an additional penalty.

281-14         (b)  The comptroller [treasurer] shall deposit funds paid

281-15   under this section to the credit of the general revenue fund in the

281-16   treasury to be used for making audits, conducting investigations,

281-17   or as otherwise appropriated.  The comptroller [treasurer] may use

281-18   other funds available for audits as appropriated by the

281-19   legislature.

281-20         SECTION 19.53.   Section 154.302, Tax Code, is amended to

281-21   read as follows:

281-22         Sec. 154.302.  PAYMENT OF DOUBLE AMOUNT.  (a)  If the

281-23   comptroller [treasurer] finds that a person has sold unstamped

281-24   cigarettes, the comptroller [treasurer] may require the person to

281-25   pay the state through the comptroller [treasurer] a sum equal to

281-26   twice the amount of stamp tax due.

281-27         (b)  If the person does not furnish the comptroller

 282-1   [treasurer] evidence that enough stamps were purchased to cover

 282-2   unstamped cigarettes purchased, it is presumed that the cigarettes

 282-3   were sold without the proper stamps.

 282-4         SECTION 19.54.   Section 154.304, Tax Code, is amended to

 282-5   read as follows:

 282-6         Sec. 154.304.  INSPECTION.  (a)  To determine the tax

 282-7   liability of a person dealing in cigarettes or compliance by the

 282-8   person with this chapter, the comptroller [treasurer] may:

 282-9               (1)  inspect any premises, including a vending machine

282-10   and its contents, where cigarettes are manufactured, produced,

282-11   stored, transported, sold, or offered for sale or exchange;

282-12               (2)  remain on the premises as long as necessary to

282-13   determine the tax liability or compliance with this chapter;

282-14               (3)  examine the records required by this chapter or

282-15   other records, books, documents, papers, accounts, and objects that

282-16   the comptroller [treasurer] determines are necessary for conducting

282-17   a complete examination; and

282-18               (4)  examine stocks of cigarettes and cigarette stamps.

282-19         (b)  A person dealing in cigarettes may not:

282-20               (1)  fail to produce, on the comptroller's

282-21   [treasurer's] demand, records required by this chapter; or

282-22               (2)  hinder or prevent the inspection of records or the

282-23   examination of the premises.

282-24         SECTION 19.55.   Section 154.305, Tax Code, is amended to

282-25   read as follows:

282-26         Sec. 154.305.  REFUND FOR STAMPS.  (a)  The comptroller

282-27   [treasurer] may provide credit or a refund on stamps that are unfit

 283-1   for sale or use because of damage and on unused stamps in broken or

 283-2   unbroken sheets or rolls if the stamps were properly purchased and

 283-3   paid for by the person requesting the refund.

 283-4         (b)  The comptroller [treasurer] shall make a refund under

 283-5   this section from revenue collected under this chapter before the

 283-6   revenue is allocated under Subchapter J.

 283-7         SECTION 19.56.   Section 154.306, Tax Code, is amended to

 283-8   read as follows:

 283-9         Sec. 154.306.  EXCHANGE OF STAMPS.  The comptroller

283-10   [treasurer] may exchange or replace, without cost, stamps affixed

283-11   to a package of cigarettes if the cigarettes have become unfit for

283-12   sale, use, or consumption and have been returned to the comptroller

283-13   [treasurer] or to the manufacturer.

283-14         SECTION 19.57.   Section 154.307, Tax Code, is amended to

283-15   read as follows:

283-16         Sec. 154.307.  RECORDS.  The comptroller [treasurer] shall

283-17   keep a record of:

283-18               (1)  stamps sold by the comptroller [treasurer] or

283-19   under the comptroller's [treasurer's] direction;

283-20               (2)  stamps exchanged by the comptroller [treasurer];

283-21   and

283-22               (3)  refunds made on stamps purchased.

283-23         SECTION 19.58.   Section 154.308, Tax Code, is amended to

283-24   read as follows:

283-25         Sec. 154.308.  DEFICIENCY DETERMINATION, PENALTIES, AND

283-26   INTEREST.  (a)  If the comptroller [treasurer] has reasonable cause

283-27   to believe that a tax report or the amount of tax paid is

 284-1   inaccurate, the comptroller [treasurer] may compute and determine

 284-2   the amount of tax, penalty, and interest to be paid from

 284-3   information contained in the report or from any other information

 284-4   available to the comptroller [treasurer].

 284-5         (b)  On making a deficiency determination, the comptroller

 284-6   [treasurer] shall notify the person by certified mail, return

 284-7   receipt requested.  Service by mail is complete when the notice is

 284-8   received, as evidenced by return receipt from the U.S. Postal

 284-9   Service.

284-10         SECTION 19.59.   Section 154.309, Tax Code, is amended to

284-11   read as follows:

284-12         Sec. 154.309.  REDETERMINATION.  (a)  A person who receives

284-13   notice of a deficiency determination may submit a written request

284-14   to the comptroller [treasurer] for redetermination.   If the person

284-15   desires a hearing, the request for a hearing must be included in

284-16   the written request for redetermination.

284-17         (b)  A written request for redetermination must be filed at

284-18   the office of the comptroller [treasurer] not later than the 15th

284-19   working day after the date notice of deficiency is received.  If a

284-20   written request for redetermination is not filed as required by

284-21   this subsection, the determination is final.

284-22         (c)  On receipt of a written request for redetermination, the

284-23   comptroller [treasurer] shall:

284-24               (1)  review the request for redetermination if a

284-25   hearing was not requested; or

284-26               (2)  provide the person against whom the deficiency

284-27   determination was made with written notice of the time, place, and

 285-1   date of a redetermination hearing.

 285-2         (d)  The comptroller [treasurer] shall give notice of a

 285-3   redetermination hearing by certified mail, return receipt

 285-4   requested.  Service by mail is complete when the notice is

 285-5   received, as evidenced by return receipt from the U.S. Postal

 285-6   Service.

 285-7         SECTION 19.60.   Section 154.403, Tax Code, is amended to

 285-8   read as follows:

 285-9         Sec. 154.403.  SEIZURE.  (a)  The comptroller [treasurer]

285-10   with or without process may seize:

285-11               (1)  cigarettes taxed under this chapter that are

285-12   possessed or controlled by a person for the purpose of selling or

285-13   removing the cigarettes in violation of this chapter;

285-14               (2)  cigarettes that are removed, deposited, or

285-15   concealed by a person intending to avoid payment of taxes imposed

285-16   by this chapter;

285-17               (3)  an automobile, boat, conveyance, or other type of

285-18   vehicle used to remove or transport cigarettes by a person

285-19   intending to avoid payment of taxes imposed by this chapter; and

285-20               (4)  equipment, paraphernalia, or other tangible

285-21   personal property used by a person intending to avoid payment of

285-22   taxes imposed by this chapter found in the place where the

285-23   cigarettes are found.

285-24         (b)  An item seized under this section is forfeited to the

285-25   state and remains in the custody of the comptroller [treasurer] for

285-26   disposition as provided by this chapter.  The seized item is not

285-27   subject to replevin.

 286-1         SECTION 19.61.   Section 154.404, Tax Code, is amended to

 286-2   read as follows:

 286-3         Sec. 154.404.  COMPTROLLER'S [TREASURER'S] REPORT.  (a)  If

 286-4   the comptroller [treasurer] seizes property under Section 154.403,

 286-5   the comptroller [treasurer] shall immediately make a written report

 286-6   showing:

 286-7               (1)  the name of the person making the seizure;

 286-8               (2)  the place where the property was seized;

 286-9               (3)  the person from whom the property was seized; and

286-10               (4)  an inventory of the property seized.

286-11         (b)  The comptroller [treasurer] shall prepare the report in

286-12   duplicate.  The person who seized the property shall sign the

286-13   report.  The comptroller [treasurer] shall give the original to the

286-14   person from whom the property was seized and shall file a duplicate

286-15   copy open for public inspection in the comptroller's [treasurer's]

286-16   office.

286-17         SECTION 19.62.   Sections 154.4045(b), (d), and (e), Tax

286-18   Code, are amended to read as follows:

286-19         (b)  If the seized cigarettes are in a salable condition, the

286-20   comptroller [treasurer] may sell the cigarettes, return the

286-21   cigarettes to the manufacturer for credit, or destroy or dispose of

286-22   the cigarettes.

286-23         (d)  The comptroller [treasurer] shall place the proceeds

286-24   from the sale of seized cigarettes in escrow in a treasury suspense

286-25   account pending the outcome of the forfeiture proceeding provided

286-26   for in this chapter.

286-27         (e)  If a determination is made that the comptroller

 287-1   [treasurer] wrongfully seized the cigarettes, the person entitled

 287-2   to the cigarettes at the time of seizure may recover the money held

 287-3   in escrow in the treasury suspense account.

 287-4         SECTION 19.63.   Sections 154.405(b), (c), and (d), Tax Code,

 287-5   are amended to read as follows:

 287-6         (b)  The comptroller [treasurer] shall give the notice by

 287-7   certified mail, return receipt requested, not later than the 15th

 287-8   day after the date of seizure and include with the notice an

 287-9   inventory of the property seized and a statement of the date, time,

287-10   and place of a hearing on the seizure.  Service by mail is complete

287-11   when the notice is received, as evidenced by return receipt from

287-12   the U.S.  Postal Service.

287-13         (c)  After providing the notice and a hearing under

287-14   Subsection (b), the comptroller [treasurer] may order the

287-15   forfeiture to the state of any property seized under this chapter

287-16   or the proceeds of the sale of any cigarettes seized under this

287-17   chapter if the property was used, controlled, possessed, or

287-18   concealed for the purpose of violating any provision of this

287-19   chapter.

287-20         (d)  The comptroller [treasurer] shall hold property or

287-21   proceeds forfeited under this section in escrow until the

287-22   comptroller's [treasurer's] determination is final and the period

287-23   for filing a petition for judicial review has expired.

287-24         SECTION 19.64.   Section 154.406, Tax Code, is amended to

287-25   read as follows:

287-26         Sec. 154.406.  DISPOSITION OF FORFEITED PROPERTY.  (a)  The

287-27   comptroller [treasurer] may sell property forfeited to the state at

 288-1   public or private sale in any commercially reasonable manner.

 288-2         (b)  Subject to the provisions of Section 154.413, the

 288-3   comptroller [treasurer] shall deposit the sale proceeds, less

 288-4   expenses of seizure, court costs, and any investigation and audit

 288-5   costs, in the state treasury.

 288-6         (c)  The comptroller [treasurer] shall use the sale proceeds

 288-7   to operate and administer the cigarette tax program up to the

 288-8   amount appropriated by the legislature for this purpose.  The

 288-9   comptroller [treasurer] shall allocate any sale proceeds that

288-10   exceed the legislative appropriation as provided by Subchapter J.

288-11   Any unused appropriations remain in the general revenue fund.

288-12         SECTION 19.65.   Section 154.411, Tax Code, is amended to

288-13   read as follows:

288-14         Sec. 154.411.  WAIVER PERMITTED.  (a)  The comptroller

288-15   [treasurer] may waive a forfeiture proceeding for property seized

288-16   under Section 154.403 of this code if the owner or possessor of the

288-17   property:

288-18               (1)  affixes the required stamp to the individual

288-19   packages of cigarettes; and

288-20               (2)  in addition to the value of the stamps required to

288-21   be affixed, pays to the state through the comptroller [treasurer] a

288-22   sum equal to the value of the required stamps.

288-23         (b)  The comptroller [treasurer] may make a compromise with a

288-24   person before or after a claim is filed in court.  The comptroller

288-25   [treasurer] shall keep a record open for public inspection of

288-26   compromises and waivers of forfeiture made under this section.

288-27         SECTION 19.66.   Section 154.412, Tax Code, is amended to

 289-1   read as follows:

 289-2         Sec. 154.412.  PAYMENT TO TREASURY.  The comptroller

 289-3   [treasurer] shall deposit all taxes collected under Section

 289-4   154.411, after payment of costs, in the treasury to be allocated as

 289-5   provided by Subchapter J.

 289-6         SECTION 19.67.   Section 154.414(a), Tax Code, is amended to

 289-7   read as follows:

 289-8         (a)  The comptroller [treasurer] may enter into a reciprocal

 289-9   agreement with a tax official of another state or an official of

289-10   the United States allowing the exchange of information received by,

289-11   recorded by, prepared by, furnished to, or collected by the

289-12   comptroller [treasurer] with respect to the investigation and

289-13   enforcement of this chapter for any tax, penalty, interest, fine,

289-14   forfeiture, or offense.

289-15         SECTION 19.68.   Section 154.415, Tax Code, is amended to

289-16   read as follows:

289-17         Sec. 154.415.  ADDITIONAL ENFORCEMENT POWERS.  (a)  The

289-18   comptroller [treasurer] has all of the rights and powers granted

289-19   the comptroller in Chapters 111 and 113 of this code with respect

289-20   to the tax imposed by this chapter.  Those rights and powers are in

289-21   addition to those granted the comptroller [treasurer] in this

289-22   chapter.

289-23         (b)  The comptroller [treasurer] may accept gifts, grants,

289-24   and donations for the administration and enforcement of this

289-25   chapter.

289-26         SECTION 19.69.   Section 154.501(a), Tax Code, is amended to

289-27   read as follows:

 290-1         (a)  A person violates this chapter if the person:

 290-2               (1)  is a distributor, wholesaler, manufacturer, bonded

 290-3   agent, manufacturer's representative, or retailer and fails to keep

 290-4   records required by this chapter;

 290-5               (2)  engages in the business of a bonded agent,

 290-6   distributor, wholesaler, or retailer without a valid permit;

 290-7               (3)  is a distributor, wholesaler, manufacturer, bonded

 290-8   agent, or retailer and fails to make a report or makes a false or

 290-9   incomplete report or application required by this chapter to the

290-10   comptroller [treasurer]; or

290-11               (4)  is a person affected by this chapter and fails or

290-12   refuses to abide by or violates a provision of this chapter or a

290-13   rule adopted by the comptroller [treasurer] under this chapter.

290-14         SECTION 19.70.   Section 154.507, Tax Code, is amended to

290-15   read as follows:

290-16         Sec. 154.507.  MISLEADING THE COMPTROLLER [TREASURER].  A

290-17   person commits an offense if the person misleads the comptroller

290-18   [treasurer] in the enforcement of this chapter.

290-19         SECTION 19.71.   Section 154.508, Tax Code, is amended to

290-20   read as follows:

290-21         Sec. 154.508.  REFUSING TO SURRENDER CIGARETTES.  A person

290-22   commits an offense if the person refuses to surrender to the

290-23   comptroller [treasurer] on demand cigarettes possessed in violation

290-24   of this chapter.

290-25         SECTION 19.72.   Section 154.5095, Tax Code, is amended to

290-26   read as follows:

290-27         Sec. 154.5095.  FINGERPRINTS [ACCESS TO CRIMINAL HISTORY

 291-1   INFORMATION].  [(b)]  The comptroller [treasurer] may refuse to

 291-2   grant a permit or may revoke or suspend a permit if the applicant

 291-3   or permit holder fails, on request, to provide a complete set of

 291-4   fingerprints required for searching the Federal Bureau of

 291-5   Investigation identification division files.

 291-6         SECTION 19.73.   Section 154.512, Tax Code, is amended to

 291-7   read as follows:

 291-8         Sec. 154.512.  INSPECTION OF PREMISES.  A person commits an

 291-9   offense if the person refuses to permit a complete inspection by an

291-10   authorized representative of the comptroller [treasurer] of any

291-11   premises where cigarettes are manufactured, produced, stored,

291-12   transported, sold, or offered for sale or exchange, or fails to

291-13   produce, on the comptroller's [treasurer's] demand, records

291-14   required by this chapter.

291-15         SECTION 19.74.  Section 154.514, Tax Code, is amended to read

291-16   as follows:

291-17         Sec. 154.514.  SALE OF STAMPS.  A person commits an offense

291-18   if the person, without having the requisition from the comptroller

291-19   [treasurer] as provided by Section 154.044 of this code:

291-20               (1)  purchases stamps from a person other than the

291-21   comptroller [treasurer]; or

291-22               (2)  sells lawfully issued stamps to a person other

291-23   than the comptroller [treasurer].

291-24         SECTION 19.75.  Section 154.516, Tax Code, is amended to read

291-25   as follows:

291-26         Sec. 154.516.  BOOKS AND RECORDS.  A person commits an

291-27   offense if the person:

 292-1               (1)  knowingly makes, delivers to, and files with the

 292-2   comptroller [treasurer] a false return or report or an incomplete

 292-3   return or report;

 292-4               (2)  knowingly fails to make and deliver to the

 292-5   comptroller [treasurer] a return or report as required by this

 292-6   chapter;

 292-7               (3)  destroys, mutilates, or conceals a book or record

 292-8   required by this chapter;

 292-9               (4)  refuses to permit the attorney general or the

292-10   comptroller [treasurer] to inspect and audit books and records that

292-11   are required by this chapter or that are incidental to the conduct

292-12   of the cigarette business;

292-13               (5)  knowingly makes a false entry or fails to make

292-14   entries in the books and records as required by this chapter; or

292-15               (6)  fails to keep books and records for four years as

292-16   required by this chapter.

292-17         SECTION 19.76.  Section 154.602, Tax Code, is amended to read

292-18   as follows:

292-19         Sec. 154.602.  FUNDS FOR ENFORCEMENT.  The legislature may

292-20   appropriate money from the cigarette tax to the comptroller

292-21   [treasurer] for manufacturing and printing of cigarette tax stamps

292-22   and for the administration of the duties of the comptroller

292-23   [treasurer] under this chapter.  Amounts appropriated under this

292-24   subsection shall be taken from revenue received from the cigarette

292-25   tax before the revenue is allocated under Section 154.603 of this

292-26   code to the funds specified by that section and shall be deposited

292-27   to the credit of the treasury fiscal agency fund.

 293-1         SECTION 19.77.  Section 155.023(a), Tax Code, is amended to

 293-2   read as follows:

 293-3         (a)  A distributor shall pay the tax on tobacco products

 293-4   received for the purpose of making a first sale at the time the

 293-5   distributor files the report required by Section 155.111. A

 293-6   distributor shall pay the tax by cashier's check payable to the

 293-7   comptroller [treasurer], by electronic funds transfer to the

 293-8   comptroller [treasurer] or by any other method of payment

 293-9   authorized by the comptroller [treasurer].

293-10         SECTION 19.78.  Sections 155.041(a) and (c)-(f), Tax Code,

293-11   are amended to read as follows:

293-12         (a)  A person may not engage in business as a distributor,

293-13   wholesaler, bonded agent, or retailer unless the person has applied

293-14   for and received the applicable permit from the comptroller

293-15   [treasurer].

293-16         (c)  The comptroller [treasurer] shall prescribe the form and

293-17   content of an application for a permit and shall furnish the form

293-18   on request of an applicant.

293-19         (d)  The applicant shall accurately complete all information

293-20   required by the application and provide the comptroller [treasurer]

293-21   with additional information the comptroller [treasurer] considers

293-22   necessary.

293-23         (e)  The comptroller [treasurer] may require each

293-24   corporation, association, joint venture, syndicate, partnership, or

293-25   proprietorship to furnish financial information regarding the

293-26   applicant and to provide the identity of each officer, director,

293-27   stockholder owning 10 percent or more of the outstanding stock,

 294-1   partner, member, owner, or managing employee.

 294-2         (f)  Each distributor, wholesaler, and retailer that applies

 294-3   for a permit to sell tobacco products from a vehicle must provide

 294-4   the make, model, vehicle identification number, registration

 294-5   number, and any other information required by the comptroller

 294-6   [treasurer].

 294-7         SECTION 19.79.  Section 155.045, Tax Code, is amended to read

 294-8   as follows:

 294-9         Sec. 155.045.  COMBINATION PERMIT.  The comptroller

294-10   [treasurer] may issue a combination permit for cigarettes and

294-11   tobacco products under Section 154.102. A person who receives a

294-12   combination permit is subject to the provisions of this chapter in

294-13   the same manner as a person holding a single permit under this

294-14   chapter.

294-15         SECTION 19.80.  Sections 155.048(a) and (d), Tax Code, are

294-16   amended to read as follows:

294-17         (a)  The comptroller [treasurer] shall issue a permit to a

294-18   distributor, wholesaler, bonded agent, or retailer if the

294-19   comptroller [treasurer]:

294-20               (1)  has received an application and fee, if required;

294-21               (2)  does not reject the application and deny the

294-22   permit under Section 155.0481; and

294-23               (3)  determines that issuing the permit will not

294-24   jeopardize the administration and enforcement of this chapter.

294-25         (d)  The permit must indicate the type of permit that it is

294-26   and authorize the sale of tobacco products in this state.  The

294-27   permit must show that it is revocable and shall be forfeited or

 295-1   suspended if the conditions of issuance, provisions of this

 295-2   chapter, or rules of the comptroller [treasurer] are violated.

 295-3         SECTION 19.81.  Section 155.0481, Tax Code, is amended to

 295-4   read as follows:

 295-5         Sec. 155.0481.  DENIAL OF PERMIT.  The comptroller

 295-6   [treasurer] may reject an application and deny a permit if the

 295-7   comptroller [treasurer] finds, after notice and opportunity for

 295-8   hearing, any of the following:

 295-9               (1)  the premises where business will be conducted are

295-10   not adequate to protect the tobacco products; or

295-11               (2)  the applicant or managing employee, or, if the

295-12   applicant is a corporation, an officer, director, manager, or any

295-13   stockholder who holds directly or through family or partner

295-14   relationship 10 percent or more of the corporation's stock, or, if

295-15   the applicant is a partnership, a partner or manager:

295-16                     (A)  has failed to disclose any information

295-17   required by Sections 155.041(d), (e), and (f), including prior

295-18   business experience, financial condition of the permit holder,

295-19   present or previous business affiliations, prior employment, and

295-20   any conviction of a felony, or has made a false statement in the

295-21   application; or

295-22                     (B)  has previously violated provisions of this

295-23   chapter.

295-24         SECTION 19.82.  Sections 155.049(b), (d), and (f), Tax Code,

295-25   are amended to read as follows:

295-26         (b)  An application for a permit required by this chapter

295-27   must be accompanied by a fee of:

 296-1               (1)  $100 for a bonded agent's permit;

 296-2               (2)  $100 for a distributor's permit;

 296-3               (3)  $50 for a wholesaler's permit; and

 296-4               (4)  $15 for each permit for a vehicle if the applicant

 296-5   is also applying for a permit as a bonded agent, distributor, or

 296-6   wholesaler or has received a current permit from the comptroller

 296-7   [treasurer] under Sections 155.041 and 155.048.

 296-8         (d)  For a new or renewal permit required by Section 155.041,

 296-9   the comptroller [treasurer] shall prorate the fee according to the

296-10   number of months remaining during the calendar year that the permit

296-11   is to be in effect.

296-12         (f)  If at the date of issuance a permit will expire within

296-13   three months, the comptroller [treasurer] may collect the prorated

296-14   permit fee or the fee for a current year and, with the consent of

296-15   the permit holder, may collect the fee for the next permit year and

296-16   issue a permit or permits for both periods, as applicable.

296-17         SECTION 19.83.  Section 155.050(c), Tax Code, is amended to

296-18   read as follows:

296-19         (c)  A permit may not be issued in exchange for a check until

296-20   after the comptroller [treasurer] has received full payment on the

296-21   check.

296-22         SECTION 19.84.  Sections 155.059(a)-(e) and (g), Tax Code,

296-23   are amended to read as follows:

296-24         (a)  The comptroller [treasurer] may revoke or suspend a

296-25   person's permit if the comptroller [treasurer] finds, after notice

296-26   and hearing as provided by this section, that the permit holder

296-27   violated this chapter or an administrative rule made under this

 297-1   chapter.

 297-2         (b)  If the comptroller [treasurer] intends to suspend or

 297-3   revoke a permit, the comptroller [treasurer] shall provide the

 297-4   permit holder with written notice that includes a statement:

 297-5               (1)  of the reason for the intended revocation or

 297-6   suspension;

 297-7               (2)  that the permit holder is entitled to a hearing by

 297-8   the comptroller [treasurer] on the proposed suspension or

 297-9   revocation; and

297-10               (3)  of the date, time, and place of the hearing.

297-11         (c)  The comptroller [treasurer] shall mail the written

297-12   notice by certified mail, return receipt requested, to the permit

297-13   holder's mailing address as it appears in the comptroller's

297-14   [treasurer's] records.  Service by mail is complete when the notice

297-15   is received, as evidenced by the return receipt from the United

297-16   States Postal Service.

297-17         (d)  The comptroller [treasurer] shall give the permit holder

297-18   not less than 10 days' notice of a final hearing.

297-19         (e)  A permit holder may appeal the decision of the

297-20   comptroller [treasurer] to a district court in Travis County not

297-21   later than the 30th day after the date the comptroller's

297-22   [treasurer's] decision becomes final.

297-23         (g)  If the comptroller [treasurer] suspends or revokes a

297-24   permit, the comptroller [treasurer] shall provide written notice of

297-25   the suspension or revocation, within a reasonable time, to each

297-26   permit holder in the state.  A permit holder violates Section

297-27   155.0415(a) by selling or distributing tobacco products to a person

 298-1   whose permit has been suspended or revoked only after the permit

 298-2   holder receives written notice of the suspension or revocation from

 298-3   the comptroller [treasurer].

 298-4         SECTION 19.85.  Sections 155.0591(a), (b), and (e), Tax Code,

 298-5   are amended to read as follows:

 298-6         (a)  The comptroller [treasurer] may suspend a person's

 298-7   permit without notice or a hearing for the person's failure to

 298-8   comply with this chapter or a rule adopted under this chapter if

 298-9   the person's continued operation constitutes an immediate and

298-10   substantial threat to the collection of taxes imposed by this

298-11   chapter and attributable to the person's operation.

298-12         (b)  If the comptroller [treasurer] summarily suspends a

298-13   person's permit, proceedings for a preliminary hearing before the

298-14   comptroller [treasurer] or the comptroller's [treasurer's]

298-15   representative must be initiated simultaneously with the summary

298-16   suspension.  The preliminary hearing shall be set for a date not

298-17   later than 10 days after the date of the summary suspension, unless

298-18   the parties agree to a later date.

298-19         (e)  To initiate a proceeding to suspend summarily a person's

298-20   permit, the comptroller [treasurer] shall serve notice on the

298-21   permit holder informing the permit holder of the right to a

298-22   preliminary hearing before the comptroller [treasurer] or the

298-23   comptroller's [treasurer's] representative and of the time and

298-24   place of the preliminary hearing.  The notice must be personally

298-25   served on the permit holder or an officer, employee, or agent of

298-26   the permit holder or sent by certified or registered mail, return

298-27   receipt requested, to the permit holder's mailing address as it

 299-1   appears in the comptroller's [treasurer's] records.  The notice

 299-2   must state the alleged violations that constitute the grounds for

 299-3   summary suspension.  The suspension is effective at the time the

 299-4   notice is served.  If notice is served in person, the permit holder

 299-5   shall immediately surrender the permit to the comptroller

 299-6   [treasurer].  If notice is served by mail, the permit holder shall

 299-7   immediately return the permit to the comptroller [treasurer].

 299-8         SECTION 19.86.  Section 155.0595, Tax Code, is amended to

 299-9   read as follows:

299-10         Sec. 155.0595.  HEARINGS.  Unless otherwise provided by this

299-11   chapter, the comptroller [treasurer] shall conduct all hearings

299-12   required by this chapter in accordance with Chapter 2001,

299-13   Government Code. The comptroller [treasurer] may designate one or

299-14   more representatives to conduct the hearings and may prescribe the

299-15   rules of procedure governing the hearings.

299-16         SECTION 19.87.  Section 155.101, Tax Code, is amended to read

299-17   as follows:

299-18         Sec. 155.101.  RECORD OF PURCHASE OR RECEIPT.  Each

299-19   distributor, wholesaler, bonded agent, and export warehouse shall

299-20   keep records at each place of business of all tobacco products

299-21   purchased or received.  Each retailer shall keep records at a

299-22   single location, which the retailer shall designate as its

299-23   principal place of business in the state, of all tobacco products

299-24   purchased and received.  These records must include:

299-25               (1)  the name and address of the shipper or carrier and

299-26   the mode of transportation;

299-27               (2)  all shipping records or copies of records,

 300-1   including invoices, bills of lading, waybills, freight bills, and

 300-2   express receipts;

 300-3               (3)  the date and the name of the place of origin of

 300-4   the tobacco product shipment;

 300-5               (4)  the date and the name of the place of arrival of

 300-6   the tobacco product shipment;

 300-7               (5)  a statement of the number, kind, and price paid

 300-8   for the tobacco products;

 300-9               (6)  the name, address, permit number, and tax

300-10   identification number of the seller; and

300-11               (7)  any other information required by rules of the

300-12   comptroller [treasurer].

300-13         SECTION 19.88.  Section 155.103(b), Tax Code, is amended to

300-14   read as follows:

300-15         (b)  A manufacturer who sells tobacco products to a permit

300-16   holder in this state shall file with the comptroller [treasurer],

300-17   on or before the 15th day of each month, a report showing the

300-18   information listed in Subsection (a) for the previous month.

300-19         SECTION 19.89.  Section 155.107(b), Tax Code, is amended to

300-20   read as follows:

300-21         (b)  The comptroller [treasurer] and the attorney general are

300-22   entitled to access during regular business hours to all records

300-23   pertaining to tobacco products that are transported.

300-24         SECTION 19.90.  Sections 155.110(a) and (c), Tax Code, are

300-25   amended to read as follows:

300-26         (a)  Each permit holder shall keep records available for

300-27   inspection and copying by the comptroller [treasurer] and the

 301-1   attorney general for four years.

 301-2         (c)  Each permit holder who is required to keep records under

 301-3   this chapter shall provide the comptroller [treasurer] with copies

 301-4   of the records on demand.

 301-5         SECTION 19.91.  Section 155.111, Tax Code, is amended to read

 301-6   as follows:

 301-7         Sec. 155.111.  DISTRIBUTOR'S REPORT.  (a)  A distributor

 301-8   shall file with the comptroller [treasurer] on or before the 30th

 301-9   day of each month, a report for the preceding month.

301-10         (b)  The report must show:

301-11               (1)  the date the report was made;

301-12               (2)  the distributor's name and address;

301-13               (3)  the month the report covers;

301-14               (4)  the amount of tobacco products purchased,

301-15   received, and acquired;

301-16               (5)  the amount of tobacco products sold, distributed,

301-17   used, lost, or otherwise disposed of;

301-18               (6)  the amount of tobacco products on hand at the

301-19   beginning and the end of the month; and

301-20               (7)  any other information the comptroller [treasurer]

301-21   requires relating to tobacco products and to the payment of taxes

301-22   due on them.

301-23         (c)  The comptroller [treasurer] shall prescribe the form and

301-24   content of the report.

301-25         SECTION 19.92.  Section 155.112(a), Tax Code, is amended to

301-26   read as follows:

301-27         (a)  A person's failure to produce the records required by

 302-1   this subchapter or a person's inability to provide other proof of

 302-2   tax payment, on demand by the comptroller [treasurer], is prima

 302-3   facie evidence that tobacco products possessed by the person were

 302-4   received for the purpose of making a first sale without payment of

 302-5   the tax imposed by this chapter.

 302-6         SECTION 19.93.  Section 155.141, Tax Code, is amended to read

 302-7   as follows:

 302-8         Sec. 155.141.  ENFORCEMENT POWERS.  (a)  The comptroller

 302-9   [treasurer] has all of the rights and powers granted the

302-10   comptroller in Chapters 111 and 113 of this code with respect to

302-11   the tax imposed by this chapter.  Those rights and powers are in

302-12   addition to those granted the comptroller [treasurer] in this

302-13   chapter.

302-14         (b)  The comptroller [treasurer] may accept gifts, grants,

302-15   and donations for the administration and enforcement of this

302-16   chapter.

302-17         SECTION 19.94.  Section 155.143, Tax Code, is amended to read

302-18   as follows:

302-19         Sec. 155.143.  SEIZURE.  (a)  The comptroller [treasurer]

302-20   with or without process may seize:

302-21               (1)  tobacco products taxed under this chapter that are

302-22   possessed or controlled by a person for the purpose of selling or

302-23   removing the tobacco products in violation of this chapter;

302-24               (2)  tobacco products that are removed, deposited, or

302-25   concealed by a person intending to avoid payment of taxes imposed

302-26   by this chapter;

302-27               (3)  an automobile, truck, boat, conveyance, or other

 303-1   type of vehicle used to remove or transport tobacco products by a

 303-2   person intending to avoid payment of taxes imposed by this chapter;

 303-3   and

 303-4               (4)  equipment, paraphernalia, or other tangible

 303-5   personal property used by a person intending to avoid payment of

 303-6   taxes imposed by this chapter found in the place where the tobacco

 303-7   products are found.

 303-8         (b)  An item seized under this section is forfeited to the

 303-9   state and remains in the custody of the comptroller [treasurer] for

303-10   disposition as provided by this chapter.  The seized item is not

303-11   subject to replevin.

303-12         SECTION 19.95.  Section 155.144, Tax Code, is amended to read

303-13   as follows:

303-14         Sec. 155.144.  COMPTROLLER'S [TREASURER'S] REPORT.  (a)  If

303-15   the comptroller [treasurer] seizes property under Section 155.143,

303-16   the comptroller [treasurer] shall immediately make a written report

303-17   showing:

303-18               (1)  the name of the person making the seizure;

303-19               (2)  the place where the property was seized;

303-20               (3)  the person from whom the property was seized; and

303-21               (4)  an inventory of the property seized.

303-22         (b)  The comptroller [treasurer] shall prepare the report in

303-23   duplicate.  The person who seized the property shall sign the

303-24   report.  The comptroller [treasurer] shall give the original to the

303-25   person from whom the property was seized and shall file a duplicate

303-26   copy open for public inspection in the comptroller's [treasurer's]

303-27   office.

 304-1         SECTION 19.96.  Sections 155.1445(b), (d), and (e), Tax Code,

 304-2   are amended to read as follows:

 304-3         (b)  If the seized tobacco products are in a salable

 304-4   condition, the comptroller [treasurer] may sell the tobacco

 304-5   products, return the tobacco products to the manufacturer for

 304-6   credit, or destroy or dispose of the tobacco products.

 304-7         (d)  The comptroller [treasurer] shall place the proceeds

 304-8   from the sale of seized tobacco products in escrow in a treasury

 304-9   suspense account, pending the outcome of the forfeiture proceeding

304-10   provided for in this chapter.

304-11         (e)  If a determination is made that the comptroller

304-12   [treasurer] wrongfully seized the tobacco products, the person

304-13   entitled to the tobacco products at the time of seizure may recover

304-14   the money held in escrow in the treasury suspense account.

304-15         SECTION 19.97.  Sections 155.145(b), (c), and (d), Tax Code,

304-16   are amended to read as follows:

304-17         (b)  The comptroller [treasurer] shall give the notice by

304-18   certified mail, return receipt requested, not later than the 15th

304-19   day after the date of seizure and shall include with the notice an

304-20   inventory of the property seized and a statement of the date, time,

304-21   and place of a hearing on the seizure.  Service by mail is complete

304-22   when the notice is received, as evidenced by return receipt from

304-23   the U.S. Postal Service.

304-24         (c)  After providing the notice and a hearing under

304-25   Subsection (b), the comptroller [treasurer] may order the

304-26   forfeiture to the state of any property seized under this chapter

304-27   or the proceeds of the sale of any tobacco products seized under

 305-1   this chapter if the comptroller [treasurer] finds that the property

 305-2   was used, controlled, possessed, or concealed for the purpose of

 305-3   violating any provision of this chapter.

 305-4         (d)  The comptroller [treasurer] shall hold property or

 305-5   proceeds forfeited under this section in escrow until the

 305-6   comptroller's [treasurer's] determination is final and the period

 305-7   for filing a petition for judicial review has expired.

 305-8         SECTION 19.98.  Section 155.1451, Tax Code, is amended to

 305-9   read as follows:

305-10         Sec. 155.1451.  DISPOSITION OF FORFEITED PROPERTY.  (a)  The

305-11   comptroller [treasurer] may sell property forfeited to the state at

305-12   public or private sale in any commercially reasonable manner.

305-13         (b)  Subject to the provisions of Section 155.153, the

305-14   comptroller [treasurer] shall deposit the sale proceeds, less

305-15   expenses of seizure, court costs, and any investigation and audit

305-16   costs, in the state treasury.

305-17         (c)  The comptroller [treasurer] shall use the sale proceeds

305-18   to operate and administer the tobacco products tax program up to

305-19   the amount appropriated by the legislature for this purpose.  The

305-20   comptroller [treasurer] shall allocate any sale proceeds that

305-21   exceed the legislative appropriation as provided by Subchapter H.

305-22   Any unused appropriations remain in the general revenue fund.

305-23         SECTION 19.99.  Section 155.151, Tax Code, is amended to read

305-24   as follows:

305-25         Sec. 155.151.  WAIVER PERMITTED.  (a)  The comptroller

305-26   [treasurer] may waive a forfeiture proceeding for property seized

305-27   under Section 155.143 of this code if the owner or possessor of the

 306-1   property:

 306-2               (1)  pays the tax due; and

 306-3               (2)  pays to the state through the comptroller

 306-4   [treasurer] an additional sum equal to the tax due.

 306-5         (b)  The comptroller [treasurer] may make a compromise with a

 306-6   person before or after a claim is filed in court.  The comptroller

 306-7   [treasurer] shall keep a record open for public inspection of

 306-8   compromises and waivers of forfeiture made under this section.

 306-9         SECTION 19.100.  Section 155.152, Tax Code, is amended to

306-10   read as follows:

306-11         Sec. 155.152.  PAYMENT TO TREASURY.  The comptroller

306-12   [treasurer] shall deposit all taxes collected under this chapter,

306-13   after payment of costs, in the treasury to be allocated as provided

306-14   by Subchapter H.

306-15         SECTION 19.101.  Section 155.154, Tax Code, is amended to

306-16   read as follows:

306-17         Sec. 155.154.  DONATIONS.  The comptroller [treasurer] may

306-18   accept gifts, grants, and donations for the administration and

306-19   enforcement of this chapter.

306-20         SECTION 19.102.  Section 155.155(a), Tax Code, is amended to

306-21   read as follows:

306-22         (a)  The comptroller [treasurer] may enter into a reciprocal

306-23   agreement with a tax official of another state or an official of

306-24   the United States allowing the exchange of information received by,

306-25   recorded by, prepared by, furnished to, or collected by the

306-26   comptroller [treasurer] with respect to the investigation and

306-27   enforcement of this chapter for any tax, penalty, interest, fine,

 307-1   forfeiture, or offense.

 307-2         SECTION 19.103.  The heading to Subchapter F, Chapter 155,

 307-3   Tax Code, is amended to read as follows:

 307-4        SUBCHAPTER F.  ADMINISTRATION BY COMPTROLLER [TREASURER]

 307-5         SECTION 19.104.  Section 155.181, Tax Code, is amended to

 307-6   read as follows:

 307-7         Sec. 155.181.  COMPLIANCE INVESTIGATION AND RECOVERY OF

 307-8   COSTS.  (a)  If the comptroller [treasurer] has reason to believe

 307-9   that a person has failed to pay a tax or penalty in the proper

307-10   manner when due or otherwise failed to comply with this chapter,

307-11   the comptroller [treasurer] may employ auditors and investigators

307-12   to determine compliance and any amount due.  If the comptroller

307-13   [treasurer] determines that the person has not paid the tax or

307-14   penalty or has failed to comply with this chapter, the comptroller

307-15   [treasurer] may require the person to pay the reasonable expenses

307-16   incurred in the compliance investigation and audit as an additional

307-17   penalty.

307-18         (b)  The comptroller [treasurer] shall deposit funds paid

307-19   under this section to the credit of the general revenue fund in the

307-20   treasury to be used for making audits, conducting investigations,

307-21   or as otherwise appropriated.  The comptroller may use other funds

307-22   available for audits as appropriated by the legislature.

307-23         SECTION 19.105.  Section 155.182, Tax Code, is amended to

307-24   read as follows:

307-25         Sec. 155.182.  PAYMENT OF DOUBLE AMOUNT.  (a)  If the

307-26   comptroller [treasurer] finds that a person has sold tobacco

307-27   products without the tax having been paid, the comptroller

 308-1   [treasurer] may require the person to pay the state through the

 308-2   comptroller [treasurer] a sum equal to twice the amount of tax due.

 308-3         (b)  If a person does not furnish the comptroller [treasurer]

 308-4   with any evidence showing payment of the tax on tobacco products

 308-5   purchased by the person, it is presumed that the tobacco products

 308-6   were sold without reporting and paying the tax.

 308-7         SECTION 19.106.  Section 155.183, Tax Code, is amended to

 308-8   read as follows:

 308-9         Sec. 155.183.  INSPECTION.  (a)  To determine the tax

308-10   liability of a person dealing in tobacco products or compliance by

308-11   the person with this chapter, the comptroller [treasurer] may:

308-12               (1)  inspect any premises, including a vending machine

308-13   and its contents, where tobacco products are manufactured,

308-14   produced, stored, transported, sold, or offered for sale or

308-15   exchange;

308-16               (2)  remain on the premises as long as necessary to

308-17   determine the tax liability or compliance with this chapter;

308-18               (3)  examine the records required by this chapter or

308-19   other records, books, documents, papers, accounts, and objects that

308-20   the comptroller [treasurer] determines are necessary for conducting

308-21   a complete examination; and

308-22               (4)  examine stocks of tobacco products.

308-23         (b)  A person dealing in tobacco products may not:

308-24               (1)  fail to produce, on the comptroller's

308-25   [treasurer's] demand, records required by this chapter; or

308-26               (2)  hinder or prevent the inspection of records or the

308-27   examination of the premises.

 309-1         SECTION 19.107.  Section 155.184, Tax Code, is amended to

 309-2   read as follows:

 309-3         Sec. 155.184.  CREDIT FOR TAX PAID.  (a)  The comptroller

 309-4   [treasurer] may adopt rules providing for a credit or refund for

 309-5   tax paid on tobacco products if the tobacco products have become

 309-6   unfit for use or consumption or unsalable.

 309-7         (b)  The comptroller [treasurer] may not allow a credit or

 309-8   refund under this section unless the comptroller [treasurer] is

 309-9   satisfied that the tobacco products are unfit for use or

309-10   consumption or unsalable or have been returned to the manufacturer.

309-11         SECTION 19.108.  Section 155.185, Tax Code, is amended to

309-12   read as follows:

309-13         Sec. 155.185.  DEFICIENCY DETERMINATION, PENALTIES, AND

309-14   INTEREST.  (a)  If the comptroller [treasurer] has reasonable cause

309-15   to believe that a tax report or the amount of tax is inaccurate,

309-16   the comptroller [treasurer] may compute and determine the amount of

309-17   tax, penalty, and interest to be paid from information contained in

309-18   the report or from any other information available to the

309-19   comptroller [treasurer].

309-20         (b)  On making a deficiency determination, the comptroller

309-21   [treasurer] shall notify the person by certified mail, return

309-22   receipt requested.  Service by mail is complete when the notice is

309-23   received, as evidenced by return receipt from the U.S. Postal

309-24   Service.

309-25         SECTION 19.109.  Section 155.186, Tax Code, is amended to

309-26   read as follows:

309-27         Sec. 155.186.  REDETERMINATION.  (a)  A person who receives

 310-1   notice of a deficiency determination may submit a written request

 310-2   to the comptroller [treasurer] for redetermination.   If the person

 310-3   desires a hearing, the request for a hearing must be included in

 310-4   the written request for redetermination.

 310-5         (b)  A written request for redetermination must be filed at

 310-6   the office of the comptroller [treasurer] not later than the 15th

 310-7   working day after the date notice of deficiency is received.  If a

 310-8   written request for redetermination is not filed as required by

 310-9   this subsection, the determination is final.

310-10         (c)  On receipt of a written request for redetermination, the

310-11   comptroller [treasurer] shall:

310-12               (1)  review the request for redetermination if a

310-13   hearing was not requested; or

310-14               (2)  provide the person against whom the deficiency

310-15   determination was made with written notice of the time, place, and

310-16   date of a redetermination hearing.

310-17         (d)  The comptroller [treasurer] shall give notice of a

310-18   redetermination hearing by certified mail, return receipt

310-19   requested.  Service by mail is complete when the notice is

310-20   received, as evidenced by return receipt from the U.S. Postal

310-21   Service.

310-22         SECTION 19.110.  Section 155.201(a), Tax Code, is amended to

310-23   read as follows:

310-24         (a)  A person violates this chapter if the person:

310-25               (1)  is a distributor, wholesaler, manufacturer, bonded

310-26   agent, manufacturer's representative, or retailer and fails to keep

310-27   records required by this chapter;

 311-1               (2)  engages in the business of a bonded agent,

 311-2   distributor, wholesaler, or retailer without a valid permit;

 311-3               (3)  is a distributor, wholesaler, manufacturer, bonded

 311-4   agent, or retailer and fails to make a report required by this

 311-5   chapter to the comptroller [treasurer] or makes a false or

 311-6   incomplete report or application required by this chapter to the

 311-7   comptroller [treasurer]; or

 311-8               (4)  is a person affected by this chapter and fails or

 311-9   refuses to abide by or violates a provision of this chapter or a

311-10   rule adopted by the comptroller [treasurer] under this chapter.

311-11         SECTION 19.111.  Section 155.205, Tax Code, is amended to

311-12   read as follows:

311-13         Sec. 155.205.  MISLEADING THE COMPTROLLER [TREASURER].  A

311-14   person commits an offense if the person misleads the comptroller

311-15   [treasurer] in the enforcement of this chapter.

311-16         SECTION 19.112.  Section 155.206, Tax Code, is amended to

311-17   read as follows:

311-18         Sec. 155.206.  REFUSING TO SURRENDER TOBACCO PRODUCTS.  A

311-19   person commits an offense if the person refuses to surrender to the

311-20   comptroller [treasurer] on demand tobacco products possessed in

311-21   violation of this chapter.

311-22         SECTION 19.113.  Section 155.2075, Tax Code, is amended to

311-23   read as follows:

311-24         Sec. 155.2075.  FINGERPRINTS [ACCESS TO CRIMINAL HISTORY

311-25   INFORMATION].  [(b)]  The comptroller [treasurer] may refuse to

311-26   grant a permit or may revoke or suspend a permit if the applicant

311-27   or permit holder fails, on request, to provide a complete set of

 312-1   fingerprints required for searching the Federal Bureau of

 312-2   Investigation Identification Division files.

 312-3         SECTION 19.114.  Section 155.209, Tax Code, is amended to

 312-4   read as follows:

 312-5         Sec. 155.209.  TRANSPORTATION OF TOBACCO PRODUCTS.  A person

 312-6   commits an offense if the person:

 312-7               (1)  knowingly transports tobacco products taxed under

 312-8   this chapter without the tax being paid;

 312-9               (2)  wilfully refuses to stop a motor vehicle operated

312-10   to transport tobacco products after a request to stop from an

312-11   authorized representative of the comptroller [treasurer]; or

312-12               (3)  while transporting tobacco products, refuses to

312-13   permit a complete inspection of the cargo by an authorized

312-14   representative of the comptroller [treasurer].

312-15         SECTION 19.115.  Section 155.210, Tax Code, is amended to

312-16   read as follows:

312-17         Sec. 155.210.  INSPECTION OF PREMISES.  A person commits an

312-18   offense if the person refuses to permit a complete inspection by an

312-19   authorized representative of the comptroller [treasurer] of any

312-20   premises where tobacco products are manufactured, produced, stored,

312-21   transported, sold, or offered for sale or exchange or fails to

312-22   produce, on the comptroller's [treasurer's] demand, records

312-23   required by this chapter.

312-24         SECTION 19.116.  Section 155.212, Tax Code, is amended to

312-25   read as follows:

312-26         Sec. 155.212.  BOOKS AND RECORDS.  A person commits an

312-27   offense if the person:

 313-1               (1)  knowingly makes, delivers to, and files with the

 313-2   comptroller [treasurer] a false return or an incomplete return or

 313-3   report;

 313-4               (2)  knowingly fails to make and deliver to the

 313-5   comptroller [treasurer] a return or report as required by this

 313-6   chapter;

 313-7               (3)  destroys, mutilates, or conceals a book or record

 313-8   required by this chapter;

 313-9               (4)  refuses to permit the attorney general or the

313-10   comptroller [treasurer] to inspect and audit books and records that

313-11   are required by this chapter or that are incidental to the conduct

313-12   of the tobacco products business;

313-13               (5)  knowingly makes a false entry or fails to make

313-14   entries in the books and records required by this chapter; or

313-15               (6)  fails to keep books and records for four years as

313-16   required by this chapter.

313-17         SECTION 19.117.  Section 182.082, Tax Code, is amended to

313-18   read as follows:

313-19         Sec. 182.082.  TAX PAYMENTS:  DUE DATE.  Except as provided

313-20   in Section 182.083 of this code, the taxes imposed by this chapter

313-21   are due and payable to the comptroller [treasurer] on the last day

313-22   of January, April, July, and October of each year.

313-23         SECTION 19.118.  Section 182.083(a), Tax Code, is amended to

313-24   read as follows:

313-25         (a)  Except as provided in Subsection (b) of this section, if

313-26   a person taxed under this chapter begins business on or after the

313-27   first day of the quarter, then in lieu of the gross receipts tax

 314-1   provided for in this chapter, the tax for that quarter is $50,

 314-2   payable to the comptroller [treasurer] in advance.

 314-3         SECTION 19.119.  Section 191.101(a), Tax Code, is amended to

 314-4   read as follows:

 314-5         (a)  The receipt from the comptroller [treasurer] for tax

 314-6   payment is the permit to do business unless a separate permit is

 314-7   required by law.

 314-8         SECTION 19.120.  Section 201.202, Tax Code, is amended to

 314-9   read as follows:

314-10         Sec. 201.202.  PAYMENT OF TAX.  The tax imposed by this

314-11   chapter must be paid by legal tender or cashier's check payable to

314-12   the comptroller [state treasurer].

314-13         SECTION 19.121.  Section 202.152, Tax Code, is amended to

314-14   read as follows:

314-15         Sec. 202.152.  PAYMENT OF TAX.  The tax imposed by this

314-16   chapter must be paid by legal tender or cashier's check payable to

314-17   the comptroller [state treasurer].

314-18         SECTION 19.122.  Section 203.053, Tax Code, is amended to

314-19   read as follows:

314-20         Sec. 203.053.  WHEN TAX DUE.  The tax imposed by this chapter

314-21   for each quarter is due at the time that the report required by

314-22   Section 203.052 of this code is required to be filed for the

314-23   quarter.  Payment shall be to the comptroller [treasurer].

314-24         SECTION 19.123.  Section 321.501(a), Tax Code, is amended to

314-25   read as follows:

314-26         (a)  The comptroller shall deposit the taxes collected by the

314-27   comptroller under this chapter [with the state treasurer.  The

 315-1   treasurer shall keep the deposits] in trust in the separate

 315-2   suspense account of the municipality from which the taxes were

 315-3   collected.

 315-4         SECTION 19.124.  Section 321.505, Tax Code, is amended to

 315-5   read as follows:

 315-6         Sec. 321.505.  INTEREST ON TRUST ACCOUNT.  Interest earned on

 315-7   all deposits made with the comptroller [state treasurer] under

 315-8   Section 321.501, including interest earned from retained suspense

 315-9   accounts, shall be credited to the general revenue fund.

315-10         SECTION 19.125.  Section 322.305, Tax Code, is amended to

315-11   read as follows:

315-12         Sec. 322.305.  INTEREST ON TRUST ACCOUNTS.  Interest earned

315-13   on all deposits made with the comptroller [state treasurer] under

315-14   this chapter, including interest earned on retained accounts, shall

315-15   be credited to the general revenue fund.

315-16         SECTION 19.126.  Section 323.501(a), Tax Code, is amended to

315-17   read as follows:

315-18         (a)  The comptroller shall deposit the taxes collected by the

315-19   comptroller under this chapter [with the state treasurer.  The

315-20   treasurer shall keep the deposits] in trust in the separate

315-21   suspense account of the county from which the taxes were collected.

315-22         SECTION 19.127.  Section 323.5041, Tax Code, is amended to

315-23   read as follows:

315-24         Sec. 323.5041.  INTEREST ON TAX REVENUE.  Interest earned on

315-25   all deposits made with the comptroller [state treasurer] under this

315-26   chapter, including interest earned from the suspense accounts

315-27   retained under Section 323.504, shall be credited to the general

 316-1   revenue fund.

 316-2         SECTION 19.128.  Sections 111.1041 and 112.151(f), Tax Code,

 316-3   are repealed.

 316-4                   ARTICLE 20.  CHANGES TO WATER CODE

 316-5         SECTION 20.01.  Section 11.329(d), Water Code, is amended to

 316-6   read as follows:

 316-7         (d)  The executive director shall transmit all collections

 316-8   under this section to the comptroller [State Treasurer].

 316-9         SECTION 20.02.  Section 15.218(c), Water Code, is amended to

316-10   read as follows:

316-11         (c)  The state comptroller [and the state treasurer] on

316-12   request shall provide to the board all information and assistance

316-13   necessary for the board to prepare this report.

316-14         SECTION 20.03.  Section 15.603(g), Water Code, is amended to

316-15   read as follows:

316-16         (g)  The revolving fund and any accounts established in the

316-17   revolving fund shall be kept and maintained by or at the direction

316-18   of the board and do not constitute and are not a part of the State

316-19   Treasury.  However, at the direction of the board, the revolving

316-20   fund or accounts in the revolving fund may be kept and held in

316-21   escrow and in trust by the comptroller [State Treasurer] for and on

316-22   behalf of the board, shall be used only as provided by this

316-23   subchapter, and pending such use shall be invested in authorized

316-24   investments as provided by any order, resolution, or rule of the

316-25   board.  Legal title to money and investments in the revolving fund

316-26   is in the board unless or until paid out as provided by this

316-27   subchapter, the federal act, and the rules of the board.  The

 317-1   comptroller [State Treasurer], as custodian, shall administer the

 317-2   funds strictly and solely as provided by this subchapter and in the

 317-3   orders, resolutions, and rules, and the state shall take no action

 317-4   with respect to the revolving fund other than that specified in

 317-5   this subchapter, the federal act, and the rules of the board.

 317-6         SECTION 20.04.  Sections 15.732(c) and (e), Water Code, are

 317-7   amended to read as follows:

 317-8         (c)  At the direction of the board, the fund or accounts in

 317-9   the fund may be kept and held in escrow and in trust by the

317-10   comptroller [state treasurer] for and on behalf of the board.  If

317-11   the fund or accounts in the fund are held in escrow and in trust by

317-12   the comptroller [state treasurer], the fund or accounts may be used

317-13   only as provided by this subchapter and, pending their use, shall

317-14   be invested in authorized investments as provided by any order,

317-15   resolution, or rule of the board.

317-16         (e)  The comptroller [state treasurer], as custodian, shall

317-17   administer the funds strictly and solely as provided by this

317-18   subchapter and in the orders, resolutions, and rules of the board,

317-19   and the state shall take no action with respect to the fund other

317-20   than that specified in this subchapter, an agreement made with the

317-21   Environmental Protection Agency or another federal agency,

317-22   applicable federal requirements, and the rules of the board.

317-23         SECTION 20.05.  Section 17.027, Water Code, is amended to

317-24   read as follows:

317-25         Sec. 17.027.  PAYMENT BY COMPTROLLER [TREASURER].  The

317-26   comptroller [State Treasurer] shall pay the principal of the bonds

317-27   as they mature and the interest as it becomes payable.

 318-1         SECTION 20.06.  Section 17.080, Water Code, is amended to

 318-2   read as follows:

 318-3         Sec. 17.080.  ADDITIONAL FUNDS FOR PAYMENT OF BONDS.  (a)  If

 318-4   the amount transferred from the clearance fund plus the money and

 318-5   securities in the interest and sinking fund are insufficient to pay

 318-6   the interest coming due and the principal maturing on the bonds

 318-7   during the fiscal year, then after the transfer to the interest and

 318-8   sinking fund of as much money as is available in the clearance

 318-9   fund, the comptroller [State Treasurer] shall transfer out of the

318-10   first money coming into the treasury, not otherwise appropriated by

318-11   the constitution, the amount required to pay principal and interest

318-12   on the bonds during the fiscal year, except for those bonds

318-13   dedicated pursuant to Section 17.0111 of this code.

318-14         (b)  If the amount transferred from the economically

318-15   distressed areas clearance fund plus the money and securities in

318-16   the economically distressed areas interest and sinking fund are

318-17   insufficient to pay the interest coming due and the principal

318-18   maturing on the bonds dedicated pursuant to Section 17.0111 of this

318-19   code during the fiscal year, then after the transfer to the

318-20   economically distressed areas interest and sinking fund of as much

318-21   money as is available in the economically distressed areas

318-22   clearance fund, the comptroller [State Treasurer] shall transfer

318-23   out of the first money coming into the treasury, not otherwise

318-24   appropriated by the constitution, the amount required to pay

318-25   principal and interest on the bonds during the fiscal year.

318-26         SECTION 20.07.  Section 17.886, Water Code, is amended to

318-27   read as follows:

 319-1         Sec. 17.886.  PAYMENT BY COMPTROLLER [TREASURER], TRANSFERS

 319-2   BY COMPTROLLER.  (a)  The comptroller [state treasurer] shall pay

 319-3   the principal of the bonds as they mature and the interest on the

 319-4   bonds as it becomes due.

 319-5         (b)  If the money and securities in the interest and sinking

 319-6   fund are insufficient to pay the interest that is due and the

 319-7   principal maturing on the bonds during the fiscal year, the

 319-8   comptroller [state treasurer] shall transfer out of the first money

 319-9   coming into the treasury, not otherwise appropriated by the

319-10   constitution, the amount required to pay principal of and interest

319-11   on the bonds during the fiscal year.

319-12         (c)  The comptroller shall make the transfers required by the

319-13   board's bond resolution or order and this subchapter.

319-14         SECTION 20.08.  Section 20.108(f), Water Code, is amended to

319-15   read as follows:

319-16         (f)  The comptroller [state treasurer], as custodian of any

319-17   of the funds, shall administer the funds solely and strictly as

319-18   provided by this chapter and the resolutions or orders authorizing

319-19   the bonds, and the state may not take any other action relating to

319-20   any of those funds except those specified in this chapter and the

319-21   resolutions and orders authorizing the bonds.

319-22         SECTION 20.09.  Section 20.111(a), Water Code, is amended to

319-23   read as follows:

319-24         (a)  Bonds may not be issued under this section unless the

319-25   issuance has been reviewed and approved by the bond review board.

319-26   The bond review board is composed of:

319-27               (1)  the governor;

 320-1               (2)  the lieutenant governor;

 320-2               (3)  the speaker of the house of representatives; and

 320-3               (4)  the [state treasurer; and]

 320-4               [(5)  the] comptroller of public accounts.

 320-5         SECTION 20.10.  Section 36.307, Water Code, is amended to

 320-6   read as follows:

 320-7         Sec. 36.307.  ASSETS ESCHEAT TO STATE.  Upon the dissolution

 320-8   of a district by the commission, all assets of the district shall

 320-9   escheat to the State of Texas.  The assets shall be administered by

320-10   the comptroller [state treasurer] and shall be disposed of in the

320-11   manner provided by Chapter 72, Property Code.

320-12         SECTION 20.11.  Section 49.327, Water Code, is amended to

320-13   read as follows:

320-14         Sec. 49.327.  ASSETS ESCHEAT TO STATE.  Upon the dissolution

320-15   of a district by the commission, all assets of the district shall

320-16   escheat to the State of Texas.  The assets shall be administered by

320-17   the comptroller [state treasurer] and shall be disposed of in the

320-18   manner provided by Chapter 74, Property Code.

320-19          ARTICLE 21.  CHANGES TO VERNON'S TEXAS CIVIL STATUTES

320-20         SECTION 21.01.  Section 22A(b), Public Accountancy Act of

320-21   1991 (Article 41a-1, Vernon's Texas Civil Statutes), is amended to

320-22   read as follows:

320-23         (b)  A special fund is established for the exclusive use of

320-24   the board to be known as the public accountancy enforcement fund.

320-25   The fund may be used only to finance the enforcement functions

320-26   performed under this Act. Money received by the board from a fee

320-27   increase adopted under Section 9(g) of this Act and money related

 321-1   to an administrative penalty and received by the board under

 321-2   Section 21D of this Act shall be deposited in the fund.  The

 321-3   comptroller [state treasurer] is the custodian of the fund.  The

 321-4   comptroller shall issue warrants from the fund supported only by

 321-5   vouchers signed by the chairman and the executive director.  The

 321-6   fund shall be appropriated to the board by the legislature.

 321-7         SECTION 21.02.  Section 20, Bingo Enabling Act (Article 179d,

 321-8   Vernon's Texas Civil Statutes), is amended to read as follows:

 321-9         Sec. 20.  Reporting and due Date of Taxes and Fees.  The

321-10   taxes and fees authorized or imposed by this Act are due and

321-11   payable by the licensee or any person conducting bingo games

321-12   without a license to the comptroller [state treasurer] quarterly on

321-13   or before the 15th day of the month succeeding each calendar

321-14   quarter.  The report must be filed under oath on forms prescribed

321-15   by the commission.

321-16         SECTION 21.03.  Section 37(e), Bingo Enabling Act (Article

321-17   179d, Vernon's Texas Civil Statutes), is amended to read as

321-18   follows:

321-19         (e)  If on the sale the money received exceeds the total of

321-20   all amounts, including interest, penalties, and costs due the

321-21   state, the commission shall return the excess to the person liable

321-22   for the amounts and obtain his receipt.  If any person having an

321-23   interest in or lien on the property files with the commission

321-24   before the sale notice of his interest or lien, the commission

321-25   shall withhold any excess pending a determination of the rights of

321-26   the respective parties thereto by a court of competent

321-27   jurisdiction.  If for any reason the receipt of the person liable

 322-1   for the amount is not available, the commission shall deposit the

 322-2   excess money with the comptroller [state treasurer], as trustee for

 322-3   the owner, subject to the order of the person liable for the

 322-4   amount, or the person's heirs, successors, or assigns.

 322-5         SECTION 21.04.  Section 4(a), Chapter 478, Acts of the 45th

 322-6   Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas

 322-7   Civil Statutes), is amended to read as follows:

 322-8         (a)  All fees collected or money derived under the provisions

 322-9   of this Act shall be received and accounted for by the

322-10   secretary-treasurer.  All of these funds which are received shall

322-11   be paid weekly to the State Comptroller [State Treasurer], who

322-12   shall keep this money in a separate fund to be known as the

322-13   Architectural Examiners Fund.  This fund may be used only for the

322-14   administration of the powers and duties of the Board and shall be

322-15   paid out only by warrants of the State Comptroller, upon itemized

322-16   vouchers, approved by the chairman or acting chairman and attested

322-17   by the secretary-treasurer of the Board.  Disbursements shall not

322-18   in any way be a charge upon the General Revenue Fund of this State.

322-19         SECTION 21.05.  Section 7.103(b), Texas Banking Act (Article

322-20   342-7.103, Vernon's Texas Civil Statutes), is amended to read as

322-21   follows:

322-22         (b)  If the property is not removed by the date specified in

322-23   the notices or by the banking commissioner, an officer of the bank,

322-24   in the presence of a notary public who is not an officer or

322-25   employee of the bank and who is bonded in an amount and by sureties

322-26   approved by the banking commissioner, shall inventory the property

322-27   and may open a safe, vault, or box, or any package, parcel, or

 323-1   receptacle, in the custody or possession of the bank, to make the

 323-2   inventory.  The property shall be marked to identify, to the extent

 323-3   possible, its owner or the person who left it with the bank.  After

 323-4   all property belonging to others that is in the bank's custody and

 323-5   control has been inventoried, a master list certified by the bank

 323-6   officer and the notary public shall be furnished to the banking

 323-7   commissioner.  The master list shall be kept in a place and dealt

 323-8   with in a manner the banking commissioner specifies pending

 323-9   delivery of the property to its owner or to the comptroller [state

323-10   treasurer] as unclaimed property.

323-11         SECTION 21.06.  Sections 7.105(b) and (c), Texas Banking Act

323-12   (Article 342-7.105, Vernon's Texas Civil Statutes), are amended to

323-13   read as follows:

323-14         (b)  The list, accompanied by any necessary identifying

323-15   information, shall be filed with the banking commissioner.  The

323-16   bank shall pay any unclaimed funds and deliver any unclaimed

323-17   property to the comptroller [state treasurer] as provided by

323-18   Chapter 74, Property Code, and certify to the banking commissioner

323-19   that the unclaimed funds and property have been paid or delivered.

323-20         (c)  After the banking commissioner has reviewed the list and

323-21   has reconciled the unclaimed cash and property with the amounts of

323-22   money and property reported and transferred to the comptroller

323-23   [state treasurer], the banking commissioner shall allow the bank to

323-24   distribute the bank's remaining assets, if any, among its

323-25   shareholders, participants, or participant-transferees as their

323-26   ownership interests appear.

323-27         SECTION 21.07.  Section 7.209(a), Texas Banking Act (Article

 324-1   342-7.209, Vernon's Texas Civil Statutes), is amended to read as

 324-2   follows:

 324-3         (a)  The receiver may deposit funds collected on behalf of

 324-4   the bank estate in:

 324-5               (1)  the Texas Treasury Safekeeping Trust Company in

 324-6   accordance with procedures established by the comptroller [state

 324-7   treasurer] or successor official; or

 324-8               (2)  one or more state banks in this state, the

 324-9   deposits of which are insured by the Federal Deposit Insurance

324-10   Corporation or its successor, if the receiver, using sound

324-11   financial judgment, determines that it would be advantageous to do

324-12   so.

324-13         SECTION 21.08.  Section 7.314, Texas Banking Act (Article

324-14   342-7.314, Vernon's Texas Civil Statutes), is amended to read as

324-15   follows:

324-16         Sec. 7.314.  UNCLAIMED FUNDS AND PROPERTY.  After completion

324-17   of the liquidation, any unclaimed property remaining in the hands

324-18   of the receiver shall be tendered to the comptroller [state

324-19   treasurer] as provided by Chapter 74, Property Code.

324-20         SECTION 21.09.  Sections 5B(a), (e), (f), (g), and (h),

324-21   Chapter 512, Acts of the 54th Legislature, Regular Session, 1955

324-22   (Article 548b, Vernon's Texas Civil Statutes), are amended to read

324-23   as follows:

324-24         (a)  Funds paid by a purchaser of a prepaid funeral benefits

324-25   contract are personal property subject to presumption of

324-26   abandonment and delivery to the comptroller [state treasurer] under

324-27   Title 6, Property Code.  In the event of a conflict between the

 325-1   provisions of that title and this section, this section controls.

 325-2         (e)(1)  Each seller that on June 30 holds funds that are

 325-3   presumed abandoned under Subsection (b) of this section shall

 325-4   furnish the Commissioner with an acknowledged written notice of the

 325-5   abandoned funds not later than the following October 1.  The

 325-6   seller's notice shall, for each abandoned contract, include the

 325-7   name and address, if known, of each person who appears to be the

 325-8   purchaser or the beneficiary of the contract; the identification

 325-9   number, if any, of the contract; the total amount paid on the

325-10   contract; the amount paid on the contract and held at the

325-11   depository; and the earnings of the contract.  The notice shall

325-12   also contain a statement by the seller recognizing the seller's

325-13   obligation and intent to deliver the abandoned funds to the

325-14   comptroller [state treasurer] in accordance with this section.

325-15               (2)  The Commissioner shall, within 15 days after the

325-16   date of the receipt of the seller's notice, authorize in writing

325-17   the seller to withdraw the funds specified in the seller's notice

325-18   that are presumed abandoned under Subsection (b) of this section,

325-19   and subject to Subdivision (3) of this subsection, to withdraw and

325-20   retain the funds specified in the seller's notice that represent

325-21   the earnings attributable to the abandoned funds.  The seller shall

325-22   deliver to the comptroller [state treasurer] not later than the

325-23   following November 1 the abandoned funds and the report required to

325-24   be filed under Chapter 74, Property Code.

325-25               (3)  The Commissioner may refuse to authorize the

325-26   withdrawal of the funds representing the earnings attributable to

325-27   the abandoned funds only if:

 326-1                     (A)  the seller's permit to sell prepaid funeral

 326-2   benefits has been cancelled or not renewed by the Department;

 326-3                     (B)  the seller is the subject of a pending

 326-4   proceeding brought by the Department under Section 13,

 326-5   Administrative Procedure and Texas Register Act (Article 6252-13a,

 326-6   Vernon's Texas Civil Statutes), and its subsequent amendments, to

 326-7   cancel the seller's permit to sell prepaid funeral benefits; or

 326-8                     (C)  the Department has determined from an

 326-9   examination of the seller's records that the seller has made

326-10   withdrawals from accounts maintained by the seller that were not

326-11   authorized under this Act, and has previously given written notice

326-12   to the seller of that determination.

326-13               (4)  If the Commissioner does not authorize the seller

326-14   to withdraw the funds representing the earnings attributable to the

326-15   abandoned funds because of the existence of a condition described

326-16   by Subdivision (3) of this subsection, the Commissioner shall, not

326-17   later than the 15th day after the date of the receipt of the

326-18   seller's notice to the Commissioner under Subdivision (1) of this

326-19   subsection, give written notice to the seller that states the

326-20   condition that exists.  If the Commissioner notifies the seller

326-21   that the Commissioner does not authorize the seller's withdrawal of

326-22   earnings on the basis of Subdivision (3)(B) of this subsection and

326-23   if the Department or a court of competent jurisdiction subsequently

326-24   determines that the seller's permit should not be cancelled, the

326-25   seller is entitled to withdraw and retain all of the earnings

326-26   attributable to the abandoned funds.  If the Commissioner notifies

326-27   the seller that the Commissioner does not authorize the seller's

 327-1   withdrawal of earnings on the basis of Subdivision (3)(C) of this

 327-2   subsection, the seller, upon depositing in the accounts the amount

 327-3   of the unauthorized withdrawals, is entitled to withdraw and retain

 327-4   all of the earnings attributable to the abandoned funds.

 327-5         (f)  A seller who reports and delivers funds to the

 327-6   comptroller [state treasurer] under this section is relieved of all

 327-7   obligations and liabilities under the prepaid funeral benefits

 327-8   contract.  The prepaid funeral benefits contract is considered to

 327-9   be cancelled by the purchaser of the contract and all obligations

327-10   and liabilities of and claims against the seller and any funeral

327-11   home obligated to provide prepaid funeral benefits under the

327-12   contract are discharged and released.

327-13         (g)  A seller who delivers funds to the comptroller [state

327-14   treasurer] under this section shall be indemnified under Section

327-15   74.304, Property Code, for any claim that may be made with respect

327-16   to the property.

327-17         (h)  The comptroller [state treasurer] is not liable to the

327-18   purchaser or beneficiary of a prepaid funeral benefits contract

327-19   presumed abandoned under this section except to the extent of funds

327-20   attributable to the contract that are delivered to the comptroller

327-21   [state treasurer].  The comptroller [state treasurer] is not

327-22   obligated to perform the seller's duties under an abandoned prepaid

327-23   funeral benefits contract.  A purchaser's or beneficiary's sole

327-24   recourse after a seller has reported and delivered funds to the

327-25   comptroller [state treasurer] is to file a claim with the

327-26   comptroller [state treasurer] as provided by Chapter 74, Property

327-27   Code.

 328-1         SECTION 21.10.  Section 8A(b), Chapter 512, Acts of the 54th

 328-2   Legislature, Regular Session, 1955 (Article 548b, Vernon's Texas

 328-3   Civil Statutes), is amended to read as follows:

 328-4         (b)  The fund may be deposited with the comptroller [state

 328-5   treasurer], a state or national bank in this state, or a savings

 328-6   and loan association in this state, or placed with the trust

 328-7   department in a state or national bank in this state or in a trust

 328-8   company authorized to do business in this state.  If the fund is

 328-9   deposited with the comptroller [state treasurer], the comptroller

328-10   [state treasurer] shall manage the fund as trustee of funds outside

328-11   the treasury.  The Department may use any earnings from the fund

328-12   for the expenses of operating and maintaining the fund.

328-13         SECTION 21.11.  Section 23(c), Texas Public Finance Authority

328-14   Act (Article 601d, Vernon's Texas Civil Statutes), is amended to

328-15   read as follows:

328-16         (c)  The comptroller [state treasurer] shall invest, with the

328-17   concurrence of the board, the unexpended bond proceeds and

328-18   investment income thereon in investments approved by law for the

328-19   investment of state funds.

328-20         SECTION 21.12.  Section 2(a), Chapter 696, Acts of the 70th

328-21   Legislature, Regular Session, 1987 (Article 601d-1, Vernon's Texas

328-22   Civil Statutes), is amended to read as follows:

328-23         (a)  The bond review board is composed of:

328-24               (1)  the governor;

328-25               (2)  the lieutenant governor;

328-26               (3)  the speaker of the house of representatives; and

328-27               (4)  [the State Treasurer; and]

 329-1               [(5)]  the comptroller of public accounts.

 329-2         SECTION 21.13.  Section 5(d), Chapter 696, Acts of the 70th

 329-3   Legislature, Regular Session, 1987 (Article 601d-1, Vernon's Texas

 329-4   Civil Statutes), is amended to read as follows:

 329-5         (d)  With the concurrence of the board, the Comptroller

 329-6   [State Treasurer] shall invest the unexpended bond proceeds and the

 329-7   investment income of those unexpended proceeds in investments

 329-8   approved by law for the investment of state funds.  Any investment

 329-9   income required for project costs, and not required to be rebated

329-10   to the federal government or used for debt service, as determined

329-11   by the board, shall be credited to the appropriate agency.

329-12   Investment income not required for project costs and not required

329-13   to be rebated to the federal government or used for debt service

329-14   shall be allocated as provided by Section 404.071, Government Code

329-15   [3.042, Treasury Act (Article 4393-1, Vernon's Texas Civil

329-16   Statutes)].

329-17         SECTION 21.14.  Section 5(c), Chapter 1203, Acts of the 71st

329-18   Legislature, Regular Session, 1989 (Article 601d-3, Vernon's Texas

329-19   Civil Statutes), is amended to read as follows:

329-20         (c)  With the concurrence of the board, the comptroller

329-21   [state treasurer] shall invest the unexpended bond proceeds and the

329-22   investment income on those unexpended proceeds in investments

329-23   approved by law for the investment of state funds.  Any investment

329-24   income required for project costs and not required to be rebated to

329-25   the federal government, as determined by the board, shall be

329-26   credited to the commission.  Investment income not required for

329-27   project costs and not required to be rebated to the federal

 330-1   government or used for debt service on the bonds shall be allocated

 330-2   as provided by Section 404.071, Government Code.

 330-3         SECTION 21.15.  Article 696, Revised Statutes, is amended to

 330-4   read as follows:

 330-5         Art. 696.  DEPOSIT.  Each corporation, company or individual,

 330-6   doing business in this State as a bond investment company, or

 330-7   company to place or sell bonds, certificates or debentures on the

 330-8   partial payment or installment plan, shall deposit with the

 330-9   Comptroller [State Treasurer], in cash or securities approved by

330-10   said Comptroller [Treasurer], the sum of five thousand dollars, and

330-11   shall deposit semi-annually with said Comptroller [Treasurer], in

330-12   cash or securities, to be approved by said officer, ten percent of

330-13   all net premiums received until the sum deposited amounts to one

330-14   hundred thousand dollars.

330-15         SECTION 21.16.  Article 697, Revised Statutes, is amended to

330-16   read as follows:

330-17         Art. 697.  DEFAULT OF DEPOSIT.  If any such domestic

330-18   corporation, shall fail, for sixty days after its organization, to

330-19   make with the Comptroller [State Treasurer] the deposit required by

330-20   this title, it shall be considered to have forfeited its charter;

330-21   and the Attorney General shall upon information thereof, bring suit

330-22   in the name of the State to have such charter or certificate of

330-23   incorporation declared forfeited, and the court, upon so finding,

330-24   shall declare such charter forfeited and appoint a receiver for

330-25   such company, whose duty it shall be, under the order of the court,

330-26   to distribute to the shareholders the assets of the company.  The

330-27   court shall out of such assets make equitable compensation for the

 331-1   receiver.

 331-2         SECTION 21.17.  Article 698, Revised Statutes, is amended to

 331-3   read as follows:

 331-4         Art. 698.  RECEIVER.  In case of the failure of any such

 331-5   company, the district court of the county in which the principal

 331-6   office is located, upon the application of one or more

 331-7   shareholders, shall appoint a receiver for such company, whose duty

 331-8   it shall be to wind up its affairs, liquidate its debts, and

 331-9   distribute its assets, using therefor, upon the order of the court,

331-10   the deposit previously made with the Comptroller [State Treasurer]

331-11   to secure the shareholders.  Said Comptroller [Treasurer] is

331-12   authorized to pay out such deposit [upon the warrant of the

331-13   Comptroller] in accordance with requisitions made upon the

331-14   Comptroller by said receiver, approved by the court.

331-15         SECTION 21.18.  Article 699, Revised Statutes, is amended to

331-16   read as follows:

331-17         Art. 699.  INTERCHANGE OF DEPOSIT.  On request of any such

331-18   company, the Comptroller [State Treasurer] is authorized to permit

331-19   such company to interchange cash for the securities or securities

331-20   for the cash deposited by such company under the provisions of this

331-21   title with said Comptroller [Treasurer], such securities always to

331-22   be approved by said Comptroller [Treasurer] on the written advice

331-23   of the Attorney General.

331-24         SECTION 21.19.  Article 700, Revised Statutes, is amended to

331-25   read as follows:

331-26         Art. 700.  RETURN OF DEPOSIT.  If any such company shall

331-27   cease to do business in this State and satisfy the Comptroller and

 332-1   the Attorney General that it has no liabilities in this State, the

 332-2   Comptroller shall [issue his warrant to the State Treasurer; and

 332-3   said Treasurer upon such warrant of the Comptroller, shall] return

 332-4   to such company the cash or securities deposited by it under the

 332-5   provisions of this title.

 332-6         SECTION 21.20.  Article 700a, Revised Statutes, is amended to

 332-7   read as follows:

 332-8         Art. 700a.  PENALTY FOR VIOLATION OF LAWS.  Any officer,

 332-9   agent, or representative of any domestic or foreign corporation or

332-10   company doing business in this State as a bond investment company

332-11   or company to place or sell bonds, certificates or debentures on

332-12   the partial payment or installment plan, who shall attempt to place

332-13   or sell shares or transact any business in the name of or on behalf

332-14   of such company while it fails to comply with the laws of this

332-15   State requiring deposits to be made with the Comptroller [State

332-16   Treasurer], shall be fined not less than one hundred nor more than

332-17   one thousand dollars, or be imprisoned in jail not less than thirty

332-18   days nor more than six months, or both.

332-19         SECTION 21.21.   Sections 2, 3, 4, 6, 7, 7A, and 8, Chapter

332-20   503, Acts of the 54th Legislature, Regular Session, 1955 (Article

332-21   717k, Vernon's Texas Civil Statutes), are amended to read as

332-22   follows:

332-23         Sec. 2.  REFUNDING BONDS; POWER TO ISSUE; SALE PRICE;

332-24   MATURITY; INTEREST RATE; SECURITY; COMBINATION ISSUANCE; ELECTION;

332-25   APPROVAL; REGISTRATION; SALE AND DELIVERY; LEGAL INVESTMENTS;

332-26   EXCEPTION.  (a)  The governing body of any issuer shall be

332-27   authorized to refund all or any part of any of its outstanding

 333-1   bonds, notes, or other general or special obligations by the

 333-2   issuance of refunding bonds to be sold for cash in such principal

 333-3   amounts as are necessary to provide all or any part of the money

 333-4   required to pay the principal of any obligations being refunded and

 333-5   the interest to accrue on said obligations to the maturity thereof,

 333-6   and/or to provide all or any part of the money required to redeem

 333-7   any obligations being refunded, prior to maturity, on any date or

 333-8   dates upon which said obligations are subject to such redemption,

 333-9   including principal, and any required redemption premium, and the

333-10   interest to accrue on said obligations to said redemption date or

333-11   dates.  Said refunding bonds shall be sold for not less than their

333-12   par value plus accrued interest to date of delivery, shall mature

333-13   not more than forty years from their date, and shall bear interest

333-14   at any rate or rates as shall be determined within the discretion

333-15   of the governing body of the issuer.  Such refunding bonds may be

333-16   secured by and made payable from the same source as the obligations

333-17   being refunded thereby, or may be secured by and made payable from

333-18   taxes or revenues, or both, or any other or different source, or

333-19   any combination of sources, if the issuer is otherwise authorized

333-20   by the Texas Constitution or any statute to secure or pay any kind

333-21   or type of bonds by or from any such source.  Said refunding bonds

333-22   may be issued in combination with new bonds, and/or with provision

333-23   for the subsequent issuance of additional parity bonds, or

333-24   subordinate lien bonds, under such terms or conditions, and with

333-25   such security, as may be set forth in the proceedings authorizing

333-26   the issuance of said refunding bonds, all within the discretion of

333-27   the governing body of the issuer; provided, however, that no such

 334-1   bonds shall be issued contrary to the provisions of the Texas

 334-2   Constitution.  All refunding bonds issued pursuant to this Act may

 334-3   be issued without any election in connection with the issuance

 334-4   thereof or the creation of any encumbrance in connection therewith;

 334-5   except that if the Texas Constitution would require an election or

 334-6   vote to permit any procedure, action, or matter pertaining to such

 334-7   refunding bonds, then an election to authorize any such procedure,

 334-8   action, or matter shall be held substantially in accordance with

 334-9   Chapter 1, Title 22, Revised Civil Statutes of Texas, 1925, as

334-10   amended, to the extent practicable, applicable, and appropriate.

334-11   All bonds permitted to be issued under this Act, and the

334-12   appropriate proceedings authorizing their issuance, shall be

334-13   submitted to the Attorney General of the State of Texas for

334-14   examination.  If he finds that such bonds have been authorized in

334-15   accordance with the Texas Constitution and this Act he shall

334-16   approve them, and thereupon they shall be registered by the

334-17   Comptroller [of Public Accounts of the State of Texas], without the

334-18   surrender, exchange, or cancellation of the obligations being

334-19   refunded; and notwithstanding any provisions of this Act to the

334-20   contrary, such bonds shall be so registered before the making of

334-21   the deposit with the Comptroller [State Treasurer] as required

334-22   hereunder, and such refunding bonds may be sold and delivered to

334-23   the purchaser thereof in order to permit the issuer to use the

334-24   proceeds from such sale and delivery to make all or any part of

334-25   said deposit.  After such approval and registration, such bonds

334-26   shall be incontestable in any court, or other forum, for any

334-27   reason, and shall be valid and binding obligations in accordance

 335-1   with their terms for all purposes.  All refunding bonds issued

 335-2   under this Act, shall be legal and authorized investments for all

 335-3   banks, savings banks, trust companies, building and loan

 335-4   associations, savings and loan associations, insurance companies of

 335-5   all kinds and types, fiduciaries, trustees and guardians, and for

 335-6   the interest and sinking funds and other public funds of any

 335-7   issuer, as such term is defined in this Act. Said refunding bonds

 335-8   also shall be eligible and lawful security for all deposits of

 335-9   public funds of the State of Texas and of any issuer, as such term

335-10   is defined in this Act, to the extent of the market value of said

335-11   refunding bonds, when accompanied by any unmatured interest coupons

335-12   appurtenant thereto.  Notwithstanding any provisions of this Act to

335-13   the contrary, no refunding bonds shall be issued hereunder unless

335-14   the obligations to be refunded are scheduled to mature or are

335-15   subject to redemption prior to maturity within not more than five

335-16   years from the date of the refunding bonds; and no refunding bonds

335-17   shall be issued hereunder to refund electric and gas system revenue

335-18   bonds issued by any city having a population in excess of 900,000,

335-19   according to the most recent federal census.

335-20         (b)  An issuer shall have the right to deposit, or cause to

335-21   be deposited to the Comptroller [State Treasurer of the State of

335-22   Texas] a sum of money equal to the principal amount of the bonds,

335-23   notes, and other evidences of indebtedness which it proposes to

335-24   refund plus the amount of interest which will accrue thereon

335-25   calculated to the date on which it is to become due or on which it

335-26   may be redeemed, together with the amount of contract premium if

335-27   any, required for redemption; the Comptroller [State Treasurer] may

 336-1   charge reasonable fees and expenses for services performed under

 336-2   this Act.  The Comptroller [State Treasurer] may rely on a

 336-3   certificate by such issuer as to the amount of the charges made by

 336-4   such bank or trust company.  At the same time such issuer shall

 336-5   deliver to the Comptroller [State Treasurer] a certified copy of

 336-6   the ordinance, order, or resolution authorizing said underlying

 336-7   obligations, or a certified excerpt therefrom, showing clearly the

 336-8   amounts and the date or dates on which interest is due on such

 336-9   underlying obligations, the date when the principal becomes subject

336-10   to redemption, and the name and address of the bank or trust

336-11   company at which such principal and interest must be paid.  It

336-12   shall be the duty of the Comptroller [State Treasurer] to accept

336-13   such deposits, payments, and instruments, and safely to keep and

336-14   use such money for the purposes set forth in this Act and for no

336-15   other purpose, and no part of such money except that in payment for

336-16   his services and to reimburse his expenses in performing such

336-17   services shall be used by or for the State of Texas or for any

336-18   creditor of the State of Texas, nor shall such money be commingled

336-19   with any other money.

336-20         Sec. 3.  DUTY OF COMPTROLLER [STATE TREASURER].  Upon receipt

336-21   of such deposits and payments, it shall be the duty of the

336-22   Comptroller [State Treasurer], if the securities involved are to be

336-23   redeemed at a place of payment other than his office, immediately

336-24   and by the most expeditious means to forward to and deposit with

336-25   the bank or trust company where such underlying securities are

336-26   payable, the amount out of such deposits as is specified as being

336-27   for the payment of the principal and interest, and contract

 337-1   premium, if any, on the securities to be redeemed, and for the

 337-2   payment of the service charges of such bank or trust company;

 337-3   provided however, that the issuer shall have made deposits and

 337-4   payments with the Comptroller [State Treasurer] during normal

 337-5   banking hours at least one (1) business day prior to the date on

 337-6   which such securities are designated to be redeemed.  The

 337-7   Comptroller [State Treasurer] shall notify such bank or trust

 337-8   company to forward to him the underlying securities thus redeemed

 337-9   and cancelled, and after the Comptroller [State Treasurer] shall

337-10   have made a record of their payment and cancellation shall forward

337-11   such cancelled bonds, coupons or securities to issuer.

337-12         Sec. 4.  ISSUANCE AND SALE OF REFUNDING BONDS; REGISTRATION

337-13   BY COMPTROLLER [OF PUBLIC ACCOUNTS].  When the issuer shall have

337-14   deposited and paid into the Office of the Comptroller [State

337-15   Treasurer] the money, and shall have done the things required by

337-16   Section 2 of this Act, it shall have authority to issue, sell and

337-17   deliver refunding bonds in lieu of the underlying securities,

337-18   despite the fact that the holders of other such underlying

337-19   securities may not have surrendered or presented the same for

337-20   payment; provided that the Attorney General of Texas shall certify

337-21   to the Comptroller [of Public Accounts] as to any underlying

337-22   securities which have not reached their normal maturity date that

337-23   the issuer has validly called the bonds for redemption in

337-24   accordance with the contract rights of the issuer.  Where the

337-25   issuer has complied with the requirements of this Act, the

337-26   Comptroller shall register the refunding bonds despite the fact

337-27   that some or all of the underlying securities shall not have been

 338-1   surrendered by the holder for payment and cancellation.

 338-2         Sec. 6.  WITHDRAWAL OF DEPOSITS ON CANCELLATION OF UNDERLYING

 338-3   OBLIGATION.  After an issuer has made the deposits and payments

 338-4   required under Section 2 hereof, the issuer may apply to the

 338-5   Comptroller [State Treasurer] to withdraw from the paying agent the

 338-6   amount of money deposited on the account of any underlying bond or

 338-7   security, together with the deposit for interest thereon and

 338-8   premium, if any, by exhibiting to the Comptroller [State Treasurer]

 338-9   said obligation duly cancelled, whereupon the Comptroller [State

338-10   Treasurer] shall make a proper record of the payment and

338-11   cancellation of such instrument.  No funds so deposited by issuer

338-12   with the Comptroller [State Treasurer] under the provisions of this

338-13   Act shall otherwise be withdrawn by the issuer except upon the

338-14   conditions stated above in this Section, or unless the Attorney

338-15   General of Texas shall certify to the Comptroller [State Treasurer]

338-16   that the payment by the issuer of the underlying security is barred

338-17   by limitation and that payment thereof by the issuer is forbidden

338-18   by law.

338-19         Sec. 7.  DEPOSITS WITH COMPTROLLER [STATE TREASURER]; EFFECT;

338-20   REFUNDING OF OBLIGATIONS; FEES; FORWARDING TO PLACE OF PAYMENT;

338-21   TIME OF PAYMENT.  When the deposit of money required hereunder is

338-22   made with the Comptroller [State Treasurer] in accordance with this

338-23   Act, for any obligations being refunded pursuant hereto, such

338-24   deposit shall constitute the making of firm banking and financial

338-25   arrangements for the discharge and final payment or redemption of

338-26   the obligations being refunded; provided, however, that, at the

338-27   option of and within the discretion of the issuer, provision may be

 339-1   made in the proceedings authorizing the issuance of such refunding

 339-2   bonds for the subordination thereof to the obligations being

 339-3   refunded, but only in the manner and to the extent specifically

 339-4   provided in said proceedings. Immediately after the receipt

 339-5   thereof, and by the most expeditious means, it shall be the duty of

 339-6   the Comptroller [State Treasurer] to forward to and deposit with

 339-7   the place of payment (paying agent) for the obligations being

 339-8   refunded all of the money deposited with him pursuant hereto

 339-9   (excepting the fees for his services).  If there is more than one

339-10   place of payment for the obligations being refunded, the

339-11   Comptroller [State Treasurer] shall forward the aforesaid money

339-12   directly to the one of said places of payment which is located in

339-13   the State of Texas; provided that if more than one of such places

339-14   of payment is located in the State of Texas, or if no place of

339-15   payment is located in the State of Texas and there is more than one

339-16   place of payment located outside of the State of Texas, then said

339-17   money shall be forwarded directly to the one of such places of

339-18   payment having the largest capital and surplus.  It shall be the

339-19   duty of the place of payment to deposit the aforesaid money

339-20   received from the Comptroller [State Treasurer] (excepting the

339-21   amount thereof representing the charges of the place of payment)

339-22   into an interest and sinking fund to be established and maintained

339-23   in trust and as a trust fund for the payment of the obligations

339-24   being refunded.  Further, it shall be the duty of the place of

339-25   payment, out of said interest and sinking fund, to pay or redeem

339-26   the obligations being refunded when duly presented therefor at the

339-27   maturity, due date, or redemption date thereof.  If there is more

 340-1   than one place of payment, the one having the deposit shall make

 340-2   appropriate financial arrangements so that the necessary funds will

 340-3   be available at the other place or places of payment to pay or

 340-4   redeem any of such obligations being refunded when so presented for

 340-5   payment or redemption.  The holder or holders of any obligations

 340-6   being refunded by any refunding bonds issued and sold under this

 340-7   Act shall not have the right to demand or receive payment thereof

 340-8   at any time before the scheduled maturity date or dates, due date

 340-9   or dates, or redemption date or dates, respectively, of said

340-10   obligations being refunded, unless the governing body of the issuer

340-11   shall have specifically and affirmatively provided for and

340-12   authorized the earlier payment of said obligations in the

340-13   proceedings authorizing said refunding bonds.

340-14         Sec. 7A.  ALTERNATE PROCEDURES; ISSUANCE AND SALE OF

340-15   REFUNDING BONDS; DEPOSITS IN CONNECTION WITH PAYMENT OR REDEMPTION

340-16   OF OBLIGATIONS.  Notwithstanding any provision of this Act or any

340-17   other law to the contrary, any issuer may, at its option, in lieu

340-18   of making any deposit with the Comptroller [State Treasurer]

340-19   hereunder, deposit proceeds from the sale of refunding bonds issued

340-20   hereunder, and/or any other available funds or resources, directly

340-21   with any place of payment (paying agent) for any obligations

340-22   payable from revenues or from ad valorem taxes or from both, or

340-23   from any other source, which it wishes to refund, or to pay or

340-24   redeem in whole or in part without the issuance of refunding bonds,

340-25   or with the trustee under any trust indenture, deed of trust, or

340-26   similar instrument securing such obligations, in an amount

340-27   sufficient to provide for the payment and/or redemption of any such

 341-1   obligations of the issuer, including assumed obligations, which are

 341-2   to be refunded, or to be paid or redeemed in whole or in part

 341-3   without the issuance of refunding bonds; and such deposit, if made

 341-4   on or before such payment and/or redemption date, shall constitute

 341-5   the making of firm banking and financial arrangements for the

 341-6   discharge and final payment or redemption of the obligations being

 341-7   refunded, or being paid or redeemed in whole or in part without the

 341-8   issuance of refunding bonds; and any issuer is authorized to enter

 341-9   into an escrow or similar agreement with any such place of payment

341-10   (paying agent) or trustee with respect to the safekeeping,

341-11   investment, reinvestment, administration, and disposition of any

341-12   such deposit, upon such terms and conditions as the parties may

341-13   agree, provided that such deposits may be invested and reinvested

341-14   only in direct obligations of the United States of America,

341-15   including obligations the principal of and interest on which are

341-16   unconditionally guaranteed by the United States of America, and

341-17   which may be in book entry form, and which shall mature and/or bear

341-18   interest payable at such times and in such amounts as will be

341-19   sufficient to provide for the scheduled payment and/or redemption

341-20   of such obligations, and further provided that if any such

341-21   obligations are scheduled to be paid and/or redeemed on a date

341-22   later than the next succeeding scheduled interest payment date

341-23   thereon, the issuer shall be required to enter into an appropriate

341-24   escrow or similar agreement as described above.  It is hereby made

341-25   the statutory duty of any place of payment (paying agent) or

341-26   trustee which enters into any such escrow or similar agreement with

341-27   any issuer to comply with the terms of such agreement and timely

 342-1   make available to any other place or places of payment (paying

 342-2   agent or agents) or trustee or trustees for any of the obligations

 342-3   of the same or different series of obligations being refunded,

 342-4   paid, or redeemed, the amounts required to provide for the payment

 342-5   or redemption of the principal of and interest on such obligations

 342-6   when due, and in accordance with their terms, but solely from the

 342-7   funds, in the manner, and to the extent provided in such agreement.

 342-8   Notwithstanding any provisions of this Act or any other law to the

 342-9   contrary, refunding bonds may be issued under this Act to refund

342-10   any obligations which are scheduled to mature, or which are subject

342-11   to redemption prior to maturity, not more than 20 years from the

342-12   date of the refunding bonds, and refunding bonds issued under this

342-13   Act may be sold at public or private sale, under such procedures,

342-14   at any price (at a premium, at par, or at a discount), upon such

342-15   terms, and bear interest at such rate or rates, and mature not more

342-16   than 40 years after their date, all as shall be determined within

342-17   the discretion of the governing body of the issuer; provided that

342-18   Chapter 3, Acts of the 61st Legislature, Regular Session, 1969, as

342-19   now or hereafter amended (Article 717k-2, Vernon's Texas Civil

342-20   Statutes), which pertains generally to the sale price and interest

342-21   rates of all public securities, shall be applicable to said

342-22   refunding bonds; and any issuer is further authorized to pledge to

342-23   the payment of any refunding bonds issued hereunder (i) any surplus

342-24   income to be available from the investment or reinvestment of any

342-25   deposit made as authorized in this Section 7A and/or (ii) any other

342-26   available revenues, income, or resources.  The refunding bonds also

342-27   may be issued in an additional amount sufficient to pay the costs

 343-1   and expenses of issuing said bonds and sufficient to fund any debt

 343-2   service reserve, contingency, or other similar fund deemed

 343-3   necessary or advisable by the issuer.   Bonds for purposes

 343-4   authorized by other laws applicable to an issuer may be issued,

 343-5   sold, and delivered by an issuer in combination with refunding

 343-6   bonds issued under this Section 7A in accordance with the

 343-7   procedures authorized herein.  All bonds permitted to be issued

 343-8   under Section 7A of this Act, and the appropriate proceedings

 343-9   authorizing their issuance, shall be submitted to the Attorney

343-10   General of the State of Texas for examination.  If he finds that

343-11   such bonds have been authorized to be issued in accordance with the

343-12   Texas Constitution and this Act he shall approve them, and

343-13   thereupon such bonds shall be registered by the Comptroller [of

343-14   Public Accounts of the State of Texas], without the surrender,

343-15   exchange, or cancellation of the obligations being refunded; and

343-16   notwithstanding any provisions of this Act to the contrary, such

343-17   bonds shall be so approved and registered before the making of the

343-18   deposit with any place of payment (paying agent), escrow agent, or

343-19   trustee as required hereunder, and such refunding bonds may be sold

343-20   and delivered to the purchaser thereof after such approval and

343-21   registration in order to permit the issuer, in timely manner

343-22   determined by the issuer, to use the proceeds from such sale and

343-23   delivery to make all or any part of said deposit.  After the

343-24   approval and registration of such bonds and the sale and delivery

343-25   of such bonds to the purchaser thereof, such bonds and the

343-26   proceedings authorizing same, and any escrow agreement pertaining

343-27   thereto, and any contract providing security or payments with

 344-1   respect to such bonds shall be incontestable in any court or other

 344-2   forum for any reason and shall be valid and binding obligations in

 344-3   accordance with their terms for all purposes.

 344-4         Sec. 8.  COMPTROLLER'S [STATE TREASURER'S] BOND; PROTECTION

 344-5   OF DEPOSITS OF MONEYS AND SECURITIES.  The bond or bonds given by

 344-6   the Comptroller [State Treasurer] under Article 4368 to secure the

 344-7   faithful execution of the duties of his office (except such special

 344-8   bonds as may have been given to protect funds of the United States

 344-9   Government) and any and all other bonds which may have been given

344-10   by the Comptroller [State Treasurer], shall be construed as

344-11   protecting all moneys and securities deposited or placed with the

344-12   Comptroller [State Treasurer] under this Act.

344-13         SECTION 21.22.  Section 6A(d), Bond Procedures Act of 1981

344-14   (Article 717k-6, Vernon's Texas Civil Statutes), is amended to read

344-15   as follows:

344-16         (d)  The fee is not refundable, regardless of whether the

344-17   bonds are approved.  The attorney general shall remit the fees

344-18   collected under this section to the comptroller [state treasurer]

344-19   for deposit to the credit of the general revenue fund.

344-20         SECTION 21.23.  Sections 2 and 4, Chapter 1078, Acts of the

344-21   70th Legislature, Regular Session, 1987 (Article 717k-7, Vernon's

344-22   Texas Civil Statutes), are amended to read as follows:

344-23         Sec. 2.  BOND REVIEW BOARD.  (a)  The bond review board is

344-24   composed of:

344-25               (1)  the governor;

344-26               (2)  the lieutenant governor;

344-27               (3)  the speaker of the house of representatives;

 345-1               [(4)  the state treasurer;] and

 345-2               (4) [(5)]  the comptroller of public accounts.

 345-3         (b)  A member of the board may designate another person to

 345-4   act on the member's behalf.

 345-5         (c)  The governor is chairman of the board.

 345-6         (d)  If the speaker of the house of representatives is not

 345-7   permitted by the Texas Constitution to serve as a voting member of

 345-8   the board, the speaker of the house of representatives serves as a

 345-9   nonvoting member of the board.

345-10         Sec. 4.  BOND FINANCE OFFICE.  The bond finance office is

345-11   managed by a director appointed by the bond review board and a

345-12   staff selected by the director.  Whenever practical, the office

345-13   shall make use of the resources of the Legislative Budget Board and

345-14   the offices of the governor and[,] comptroller[, and treasurer].

345-15         SECTION 21.24.  Section 4, Public School Facilities Funding

345-16   Act (Article 717t, Vernon's Texas Civil Statutes), is amended to

345-17   read as follows:

345-18         Sec. 4.  PURPOSE.  The purpose of this Act is to create funds

345-19   to be administered by the comptroller [state treasurer] as directed

345-20   by the board and funded by proceeds from the sale or refunding of

345-21   bonds.  The funds are to be used to determine the needs of

345-22   qualifying districts in acquiring, constructing, renovating,

345-23   performing major repairs to, remodeling, retrofitting, or improving

345-24   qualifying capital assets and instructional facilities and to

345-25   provide loans and other aid for those purposes, for paying

345-26   maintenance expenses, and to aid school districts in the bond

345-27   issuance process.  This Act shall be construed liberally to effect

 346-1   its purpose.

 346-2         SECTION 21.25.  Section 5(d), Public School Facilities

 346-3   Funding Act (Article 717t, Vernon's Texas Civil Statutes), is

 346-4   amended to read as follows:

 346-5         (d)  The board may promulgate and issue rules not

 346-6   inconsistent with this Act as provided for by Chapter 2001 [the

 346-7   Administrative Procedure and Texas Register Act (Article 6252-13a,

 346-8   Vernon's Texas Civil Statutes)].  The comptroller [state treasurer]

 346-9   shall act as the issuer of bonds authorized by the board and shall

346-10   perform any accounting or funds management duties which are allowed

346-11   or required under this Act as directed by the board.

346-12         SECTION 21.26.  Sections 6(a) and (e), Public School

346-13   Facilities Funding Act (Article 717t, Vernon's Texas Civil

346-14   Statutes), are amended to read as follows:

346-15         (a)  The school facilities aid fund is hereby created as a

346-16   special revolving fund in the state treasury.  The fund shall be

346-17   administered by the comptroller [state treasurer] as directed by

346-18   the board under this Act and rules adopted by the board.  The fund

346-19   shall be used to provide aid to qualifying districts for the

346-20   purpose of aiding those districts in the acquisition, construction,

346-21   renovation, major repair, remodeling, retrofitting, or improvement

346-22   of capital assets and instructional facilities that meet the

346-23   board's standards for qualification under this Act, to provide aid

346-24   to qualifying districts to fund their cash-management programs or

346-25   other short-term borrowing needs for maintenance purposes, and to

346-26   aid school districts in the bond issuance process.  The fund may

346-27   also be used to pay the costs of a study of the needs of school

 347-1   districts in all or part of the state for the acquisition,

 347-2   construction, renovation, major repair, remodeling, retrofitting,

 347-3   or improvement of qualifying capital assets and instructional

 347-4   facilities or for assistance in paying maintenance expenses.  Money

 347-5   in the fund shall not be commingled or otherwise deposited to the

 347-6   credit of any other fund in the state treasury, except as provided

 347-7   by this Act.

 347-8         (e)  The board may direct the comptroller [state treasurer]

 347-9   to create accounts within the fund as shall seem advisable.  Such

347-10   accounts shall be kept separate from other accounts within the fund

347-11   and shall receive such amounts as the board shall transfer or

347-12   dedicate to them.  The board may in the resolution authorizing the

347-13   issuance of bonds dedicate an account or accounts within the fund,

347-14   including future amounts to be deposited within an account, to the

347-15   payment of debt service on one or more series of bonds issued under

347-16   this Act.  The board may also direct the comptroller [state

347-17   treasurer] to pledge such an account or accounts as security for

347-18   bonds issued under this Act.

347-19         SECTION 21.27.  Sections 7(a) and (e), Public School

347-20   Facilities Funding Act (Article 717t, Vernon's Texas Civil

347-21   Statutes), are amended to read as follows:

347-22         (a)  The board may direct the comptroller [state treasurer]

347-23   to create a school facilities aid reserve fund within the state

347-24   treasury and deposit in that fund the proceeds of bonds issued

347-25   pursuant to this Act, as well as any repayments of interest or

347-26   principal from aid granted under this Act, or other amounts that

347-27   may be transferred from the fund, which are required to be

 348-1   deposited therein by any resolution of the board.  Money in the

 348-2   reserve fund shall be held and applied solely to the payment of the

 348-3   principal or redemption price of and interest on bonds issued

 348-4   pursuant to this Act as they become due and payable, either

 348-5   directly or by transfer to the fund for those purposes.  Except as

 348-6   provided in this section, no money may be removed from the reserve

 348-7   fund or an account within the reserve fund if that action would

 348-8   reduce the amount therein to less than the required debt service

 348-9   reserve.  As used in this Act, "required debt service reserve"

348-10   means, as of the date of computation, the amount or amounts

348-11   required to be on deposit in the reserve fund or an account within

348-12   it as provided by resolution of the board.  In computing the amount

348-13   of the required debt service reserve, investments held therein

348-14   shall be valued in such manner as shall be determined by resolution

348-15   of the board.

348-16         (e)  The board may direct the comptroller [state treasurer]

348-17   to create accounts within the reserve fund as seems advisable.

348-18   Such accounts shall be kept separate from other accounts within the

348-19   reserve fund and shall receive such amounts as the board shall

348-20   transfer or dedicate to them.  The board may pledge an account or

348-21   accounts within the reserve fund, including future amounts to be

348-22   deposited within an account, as security for one or more series of

348-23   bonds issued under this Act.

348-24         SECTION 21.28.  Sections 8(a), (d), (f), and (h), Public

348-25   School Facilities Funding Act (Article 717t, Vernon's Texas Civil

348-26   Statutes), are amended to read as follows:

348-27         (a)  The board may by resolution provide for the issuance of

 349-1   revenue bonds by the comptroller [state treasurer] for the purposes

 349-2   of this Act in an amount not to exceed $750 million outstanding at

 349-3   any one time.  Bonds which are or have been refunded shall not

 349-4   count against the limit imposed on outstanding bonds.  The board

 349-5   may specify a principal amount and a date of delivery of the

 349-6   proceeds of bonds issued under this Act.

 349-7         (d)  The bonds issued under this Act shall be authorized by

 349-8   resolution of the board and approved in the same manner as other

 349-9   bonds issued by the state.  The comptroller [state treasurer] shall

349-10   issue bonds authorized and approved by the board.  Bonds issued

349-11   under this Act shall have the form and bear the designations as

349-12   directed by board resolution.

349-13         (f)  All proceedings relating to the issuance of bonds

349-14   pursuant to this Act shall be submitted to the attorney general for

349-15   examination.  If the attorney general finds that the proceedings

349-16   have been authorized in accordance with law, the proceedings

349-17   authorizing the bonds issued pursuant to this Act shall be

349-18   approved, and the bonds shall be issued by the comptroller [state

349-19   treasurer] and registered by the comptroller [of public accounts]

349-20   in a manner consistent with Chapter 53, Acts of the 70th

349-21   Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's

349-22   Texas Civil Statutes).  After approval and registration, the bonds

349-23   and proceedings relating thereto are incontestable in any court or

349-24   other forum for any reason and are valid and binding obligations in

349-25   accordance with their terms for all purposes.

349-26         (h)  In addition to the powers granted by this Act, the

349-27   comptroller [state treasurer] may exercise the rights and powers

 350-1   granted to the housing finance division of the Texas Department of

 350-2   Housing and Community Affairs as provided for by Chapter 2306,

 350-3   Government Code, [Article 4413(501), Revised Statutes,] in

 350-4   connection with the issuance and administration of bonds.  Further,

 350-5   in connection with the issuance and administration of bonds, the

 350-6   comptroller [state treasurer] may exercise the rights and powers

 350-7   granted to an issuer under Chapter 503, Acts of the 54th

 350-8   Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes);

 350-9   the Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas

350-10   Civil Statutes); and Chapter 656, Acts of the 68th Legislature,

350-11   Regular Session, 1983 (Article 717q, Vernon's Texas Civil

350-12   Statutes).

350-13         SECTION 21.29.  Sections 12(a) and (b), Public School

350-14   Facilities Funding Act (Article 717t, Vernon's Texas Civil

350-15   Statutes), are amended to read as follows:

350-16         (a)  A school district shall make payments of principal and

350-17   interest on obligations purchased by the board directly to the

350-18   comptroller [state treasurer] for deposit in the fund.

350-19         (b)  If the comptroller [state treasurer] receives

350-20   notification from a school district that it will not make a timely

350-21   payment on a loan made under this Act or if a school district fails

350-22   to make a timely payment of principal or interest due on a loan

350-23   made under this Act, the comptroller [state treasurer] shall notify

350-24   the board and the commissioner of education and shall notify the

350-25   local district in writing by certified mail.  Except as provided by

350-26   Subsection (c) of this section, the Central Education Agency shall

350-27   deduct the total amount due to the board or fund, including

 351-1   interest and any applicable late payment charges as of the date of

 351-2   notification, from the foundation school fund payment next due to

 351-3   that school district, including any allocations to that district

 351-4   under Chapter 16, Education Code, and shall continue making the

 351-5   deductions from subsequent foundation school fund payments until

 351-6   the total amount then due has been deducted.  The Central Education

 351-7   Agency shall credit the full amount of a foundation school fund

 351-8   entitlement to a school district prior to making the deduction.

 351-9   The amount of such a deduction shall then be paid to the fund or to

351-10   an account within the fund as the board may direct, on behalf of

351-11   the district.  Should the board determine that a deduction or any

351-12   part thereof which was deposited in the fund was made erroneously,

351-13   it may authorize payment from the fund of that amount directly to a

351-14   district against which a deduction was made.

351-15         SECTION 21.30.  Section 4(a), College Opportunity Act

351-16   (Article 717u, Vernon's Texas Civil Statutes), is amended to read

351-17   as follows:

351-18         (a)  The College Opportunity Act committee consists of:

351-19               (1)  the commissioner of the General Land Office, the

351-20   commissioner of higher education, the executive administrator of

351-21   the Texas Water Development Board, the comptroller, [the state

351-22   treasurer,] and the executive director of the bond review board,

351-23   who serve as ex officio members; and

351-24               (2)  three members of the public appointed by the

351-25   governor with the advice and consent of the senate.

351-26         SECTION 21.31.  Section 10(c), Chapter 852, Acts of the 69th

351-27   Legislature, Regular Session, 1985 (Article 969a-2, Vernon's Texas

 352-1   Civil Statutes), is amended to read as follows:

 352-2         (c)  Refunding obligations must be authorized and executed

 352-3   and mature as provided by this Act for original obligations.  The

 352-4   attorney general shall approve them as in the case of original

 352-5   obligations, and the comptroller shall register them on surrender

 352-6   and cancellation of the obligations refunded, except that if the

 352-7   ordinance or resolution authorizing their issuance provides that

 352-8   they be sold at public or private sale and the proceeds deposited

 352-9   in a place where the refunded obligations are payable or with the

352-10   Comptroller [State Treasurer] and the refunding obligations are

352-11   issued in an amount sufficient to pay the principal of the refunded

352-12   obligations and the interest on the refunded obligations until

352-13   their option or maturity dates, the comptroller shall register them

352-14   without the surrender and cancellation of the refunded obligations.

352-15   Proceeds of revenue refunding obligations deposited in a place

352-16   where the refunded obligations are payable or with the Comptroller

352-17   [State Treasurer] shall be held under an escrow agreement under

352-18   which the proceeds and interest earned on the proceeds will be

352-19   available for the payment of the interest on and principal of the

352-20   refunded obligations as they become due.  The escrow agreement may

352-21   provide that the proceeds, until they are needed to pay interest

352-22   and principal, may be invested in direct obligations of the United

352-23   States.  Interest earned on these investments may be pledged to the

352-24   payment of the principal of and interest on the refunded

352-25   obligations or the refunding obligations or may be considered as

352-26   revenues of the island property.

352-27         SECTION 21.32.  Sections 2, 3, 4, 6, 7, and 9, Chapter 446,

 353-1   Acts of the 50th Legislature, Regular Session, 1947 (Article

 353-2   1118n-4, Vernon's Texas Civil Statutes), are amended to read as

 353-3   follows:

 353-4         Sec. 2.  DEPOSIT IN STATE TREASURY OF AMOUNT OF OUTSTANDING

 353-5   WATERWORKS REVENUE BONDS.  An eligible city shall have the right to

 353-6   deposit in the office of the Comptroller [State Treasurer] of the

 353-7   State of Texas a sum of money equal to the principal amount of its

 353-8   said outstanding and unpaid waterworks revenue bonds plus the

 353-9   amount of interest which will accrue on each of said bonds

353-10   calculated to the date on which it may be redeemed and the amount

353-11   of contract premium if any, and concurrently with such deposit

353-12   shall pay to the Comptroller [State Treasurer] for his services and

353-13   to reimburse him for his expenses in performing his duties under

353-14   this Act a sum of money equivalent to one-eighth (1/8) of one per

353-15   cent (1%) of the principal amount of said bonds and one fourth

353-16   (1/4) of one per cent (1%) of the interest to accrue on all of said

353-17   bonds, and an additional amount of money sufficient to pay the

353-18   charges of the bank or trust company at which the principal and

353-19   interest of said bonds are payable for its services in paying such

353-20   principal and interest.  The Comptroller [State Treasurer] may rely

353-21   on a certificate by such city as to the amount of the charges made

353-22   by such bank or trust company.  At the same time such city shall

353-23   deliver to the Comptroller [State Treasurer] a certified copy of

353-24   the ordinance authorizing said revenue bonds, or a certified

353-25   excerpt therefrom, showing clearly the amounts and the date or

353-26   dates on which interest is due on such bonds, the date when the

353-27   principal becomes subject to redemption, and the name and address

 354-1   of the bank or trust company at which such principal and interest

 354-2   must be paid.  It shall be the duty of the Comptroller [State

 354-3   Treasurer] to accept such deposits, payments, and instruments, and

 354-4   safely to keep and use such money for the purposes set forth in

 354-5   this Act and for no other purpose, and no part of such money except

 354-6   that in payment for his services and to reimburse his expenses in

 354-7   performing such services shall be used by or for the State of Texas

 354-8   or for any creditor of the State of Texas, nor shall such money be

 354-9   commingled with any other money.

354-10         Sec. 3.  COMPTROLLER [STATE TREASURER] TO FORWARD MONEY TO

354-11   BANK WHERE BONDS ARE PAYABLE.  It shall be the duty of the

354-12   Comptroller [State Treasurer] not less than fifteen (15) days

354-13   before such interest is due according to the tenor and effect of

354-14   said bonds, and the principal becomes redeemable, to forward by

354-15   registered mail to the bank or trust company where the principal of

354-16   and interest on such bonds are payable, an amount sufficient to pay

354-17   such principal and interest and premium if any, and to pay the

354-18   service charges of such bank or trust company.  The Comptroller

354-19   [State Treasurer] shall notify such bank or trust company to

354-20   forward to him bonds and coupons thus cancelled, and after he shall

354-21   have made a record of their payment and cancellation shall forward

354-22   such cancelled bonds and coupons to such city.

354-23         Sec. 4.  ADDITIONAL REVENUE BONDS.  When an eligible city

354-24   shall have deposited and paid into the office of the Comptroller

354-25   [State Treasurer] the money and shall have done the things required

354-26   under Section 2 it shall have authority to issue additional revenue

354-27   bonds, securing them by a pledge of the revenue from the operation

 355-1   of its waterworks system or of its waterworks and sewer systems, in

 355-2   such manner as is authorized by Articles 1111 to 1118 of the

 355-3   Revised Civil Statutes of Texas, 1925, as amended, and for the

 355-4   purposes authorized in said Articles, and for the purpose of

 355-5   providing money to enable the city to comply with Section 2 of this

 355-6   Act.  The deposit authorized by Section 1 hereof to be made with

 355-7   the Comptroller [State Treasurer] shall be made prior to or

 355-8   concurrently with the sale and delivery of the new bonds authorized

 355-9   by this Act, but all other proceedings relating to the

355-10   authorization and issuance of such bonds may be had prior to the

355-11   making of such deposit.  No revenue bonds shall be issued under

355-12   authority of this Section 5 unless they shall have been authorized

355-13   at an election held in such city in accordance with the provisions

355-14   of Article 704 of the Revised Civil Statutes of Texas, 1925, as

355-15   amended by Chapter 382, Acts of the First Called Session of the

355-16   Forty-fourth Legislature.  It is especially provided that

355-17   regardless of any provisions to the contrary contained in the law

355-18   under which such new revenue bonds are to be issued, they shall

355-19   constitute a first charge on the income of the waterworks system or

355-20   waterworks and sewer systems, after the payment of the expense of

355-21   maintenance and operation of such system or systems subject only to

355-22   any payments which must be made to the Comptroller [State

355-23   Treasurer] from such income to prevent any default in principal of

355-24   or interest on such outstanding revenue bonds, for the benefit of

355-25   which such deposit shall have been made with the Comptroller [State

355-26   Treasurer].  The right of the holders of said outstanding revenue

355-27   bonds to have any deficiency paid out of such income shall remain

 356-1   unimpaired.

 356-2         Sec. 6.  WITHDRAWAL OF DEPOSITS FROM STATE TREASURY.  After

 356-3   an eligible city has made the deposits and payments required under

 356-4   Section 2, at any time it may withdraw from the  State Treasury the

 356-5   amount of money, both principal and interest, deposited on account

 356-6   of any bond by exhibiting to the Comptroller [State Treasurer] said

 356-7   bond duly cancelled, whereupon the Comptroller [State Treasurer]

 356-8   shall make a proper record of the payment and cancellation of such

 356-9   bond.

356-10         Sec. 7.  RIGHTS OF HOLDERS OF BONDS TO SURRENDER BONDS.  At

356-11   any time after an eligible city shall have made the deposits and

356-12   payments required under Section 2, the holder of any such bond,

356-13   irrespective of its maturity date, shall have the right to

356-14   surrender such bond to the Comptroller [State Treasurer] and shall

356-15   receive therefor a sum equivalent to all money then remaining on

356-16   deposit with the Comptroller [State Treasurer], made on account of

356-17   such surrendered bond.  Whereupon such bond shall be duly cancelled

356-18   by the Comptroller [State Treasurer], and delivered or forwarded to

356-19   such city.

356-20         Sec. 9.  BOND OF COMPTROLLER [STATE TREASURER].  The bond or

356-21   bonds given by the Comptroller [State Treasurer] under Article 4368

356-22   to secure the faithful execution of the duties of his office

356-23   (except such special bonds as may have been given to protect funds

356-24   of the United States Government) and any and all other bonds which

356-25   may have been given by the Comptroller [State Treasurer] shall be

356-26   construed as protecting all moneys and securities deposited or

356-27   placed with the Comptroller [State Treasurer] under this Act.

 357-1         SECTION 21.33.  Sections 2, 3, 4, 6, 7, and 9, Chapter 541,

 357-2   Acts of the 51st Legislature, Regular Session, 1949 (Article

 357-3   1118n-5, Vernon's Texas Civil Statutes), are amended to read as

 357-4   follows:

 357-5         Sec. 2.  DEPOSITS WITH COMPTROLLER [STATE TREASURER].  An

 357-6   eligible city shall have the right to deposit in the office of the

 357-7   Comptroller [State Treasurer]  of the State of Texas a sum of money

 357-8   equal to the principal amount of its said outstanding and unpaid

 357-9   revenue bonds plus the amount of interest which will accrue on each

357-10   of said bonds calculated to the date on which it is to become due

357-11   or on which it may be redeemed and the amount of contract premium

357-12   if any, and concurrently with such deposit shall pay to the

357-13   Comptroller [State Treasurer] for his services and to reimburse him

357-14   for his expenses in performing his duties under this Act a sum of

357-15   money equivalent to one-twentieth (1/20) of one (1%) per cent of

357-16   the principal amount of said bonds and one-eighth (1/8) of one (1%)

357-17   per cent of the interest to accrue on all of said bonds, and an

357-18   additional amount of money sufficient to pay the charges of the

357-19   bank or trust company at which the principal and interest of said

357-20   bonds are payable for its services in paying such principal and

357-21   interest.  The Comptroller [State Treasurer] may rely on a

357-22   certificate by such city as to the amount of the charges made by

357-23   such bank or trust company.  At the same time such city shall

357-24   deliver to the Comptroller [State Treasurer] a certified copy of

357-25   the ordinance authorizing said revenue bonds, or a certified

357-26   excerpt therefrom, showing clearly the amounts and the date or

357-27   dates on which interest is due on such bonds, the date when the

 358-1   principal becomes subject to redemption, and the name and address

 358-2   of the bank or trust company at which such principal and interest

 358-3   must be paid.  It shall be the duty of the Comptroller [State

 358-4   Treasurer] to accept such deposits, payments, and instruments, and

 358-5   safely to keep and use such money for the purposes set forth in

 358-6   this Act and for no other purpose, and no part of such money except

 358-7   that in payment for his services and to reimburse his expenses in

 358-8   performing such services shall be used by or for the State of Texas

 358-9   or for any creditor of the State of Texas, nor shall such money be

358-10   commingled with any other money.

358-11         Sec. 3.  DUTIES OF COMPTROLLER [STATE TREASURER].  It shall

358-12   be the duty of the Comptroller [State Treasurer] not less than

358-13   fifteen (15) days before such interest is due according to the

358-14   tenor and effect of said bonds, and the principal becomes

358-15   redeemable, to forward by registered mail to the bank or trust

358-16   company where the principal of and interest on such bonds are

358-17   payable, an amount sufficient to pay such principal and interest,

358-18   and premium if any, and to pay the service charges of such bank or

358-19   trust company.  The Comptroller [State Treasurer] shall notify such

358-20   bank or trust company to forward to him bonds and coupons thus

358-21   cancelled, and after he shall have made a record of their payment

358-22   and cancellation shall forward such cancelled bonds and coupons to

358-23   such city.

358-24         Sec. 4.  ISSUANCE OF NEW BONDS.  When an eligible city shall

358-25   have deposited and paid into the office of the Comptroller [State

358-26   Treasurer] the money and shall have done the things required under

358-27   Section 2 it shall have authority to issue additional revenue

 359-1   bonds, securing them by a pledge of the revenue from the operation

 359-2   of its waterworks system or of its waterworks and sewer systems, in

 359-3   such manner as is authorized by Articles 1111 to 1118 of the

 359-4   Revised Civil Statutes of Texas, 1925, as amended, and for the

 359-5   purposes authorized in said Articles.  The deposit authorized by

 359-6   Section 1 hereof to be made with the Comptroller [State Treasurer]

 359-7   shall be made prior to or concurrently with the sale and delivery

 359-8   of the new bonds authorized by this Act, but all other proceedings

 359-9   relating to the authorization and issuance of such bonds may be had

359-10   prior to the making of such deposit.  No revenue bonds shall be

359-11   issued under authority of this Section 5 unless they shall have

359-12   been authorized at an election held in such city in accordance with

359-13   the provisions of Article 704 of the Revised Civil Statutes of

359-14   Texas, 1925, as amended by Chapter 382, Acts of the First Called

359-15   Session of the 44th Legislature.  It is especially provided that

359-16   regardless of any provisions to the contrary contained in the law

359-17   under which such new revenue bonds are to be issued, they shall

359-18   constitute a first charge on the income of the waterworks system or

359-19   waterworks and sewer systems, after the payment of the expense of

359-20   maintenance and operation of such system or systems subject only to

359-21   any payments which must be made to the Comptroller [State

359-22   Treasurer] from such income to prevent any default in principal of

359-23   or interest on such outstanding revenue bonds, for the benefit of

359-24   which such deposit shall have been made with the Comptroller [State

359-25   Treasurer].  The right of the holders of said outstanding revenue

359-26   bonds to have any deficiency paid out of such income shall remain

359-27   unimpaired.

 360-1         Sec. 6.  WITHDRAWAL OF DEPOSITS.  After an eligible city has

 360-2   made the deposits and payments required under Section 2, at any

 360-3   time it may withdraw from the State Treasury the amount of money,

 360-4   both principal and interest, deposited on account of any bond by

 360-5   exhibiting to the Comptroller [State Treasurer] said bond duly

 360-6   cancelled, whereupon the Comptroller [State Treasurer] shall make a

 360-7   proper record of the payment and cancellation of such bond.

 360-8         Sec. 7.  SURRENDER, PAYMENT AND CANCELLATION OF BONDS.  At

 360-9   any time after an eligible city shall have made the deposits and

360-10   payments required under Section 2, the holder of any such bond,

360-11   irrespective of its maturity date, shall have the right to

360-12   surrender such bond to the Comptroller [State Treasurer] and shall

360-13   receive therefor a sum equivalent to all money then remaining on

360-14   deposit with the Comptroller [State Treasurer], made on account of

360-15   such surrendered bond.  Whereupon such bond shall be duly cancelled

360-16   by the Comptroller [State Treasurer], and delivered or forwarded to

360-17   such city.

360-18         Sec. 9.  BONDS OF COMPTROLLER [STATE TREASURER].  The bond or

360-19   bonds given by the Comptroller [State Treasurer] under Article 4368

360-20   to secure the faithful execution of the duties of his office

360-21   (except such special bonds as may have been given to protect funds

360-22   of the United States Government) and any and all other bonds which

360-23   may have been given by the Comptroller [State Treasurer], shall be

360-24   construed as protecting all moneys and securities deposited or

360-25   placed with the Comptroller [State Treasurer] under this Act.

360-26         SECTION 21.34.  Sections 5, 6, 7, 9, and 11, Chapter 320,

360-27   Acts of the 54th Legislature, Regular Session, 1955 (Article

 361-1   1118n-7, Vernon's Texas Civil Statutes), are amended to read as

 361-2   follows:

 361-3         Sec. 5.  DEPOSIT IN STATE TREASURY OF OUTSTANDING WATER

 361-4   SYSTEM REVENUE BONDS.  An Eligible City shall have the right to

 361-5   deposit in the office of the Comptroller [State Treasurer] of the

 361-6   State of Texas a sum of money equal to the principal amount of its

 361-7   outstanding and unpaid water system revenue bonds that cannot be

 361-8   obtained for refunding or redemption plus the amount of interest

 361-9   which will accrue on each of said bonds calculated to the date on

361-10   which it is to become due or the date on which it is to become

361-11   optional for prior redemption, or on which it may be redeemed, and

361-12   the contract premium, if any, and, concurrently with such deposit,

361-13   shall pay to the Comptroller [State Treasurer] for his services and

361-14   to reimburse him for his expenses in performing his duties under

361-15   this Act a sum of money equivalent to one-eighth (1/8) of one per

361-16   cent (1%) of the principal amount of said bonds, and one-fourth

361-17   (1/4) of one per cent (1%) of the interest to accrue on all said

361-18   bonds, and an additional amount of money sufficient to pay the

361-19   charges of the bank or trust company at which the principal and

361-20   interest on said bonds are payable for its services in paying such

361-21   principal and interest.  The Comptroller [State Treasurer] may rely

361-22   on a certificate by such city as to the amount of the charges made

361-23   by such bank or trust company.  At the same time, such city shall

361-24   deliver to the Comptroller [State Treasurer] a certified copy of

361-25   the ordinance authorizing such water system revenue bonds, or a

361-26   certified excerpt therefrom, showing clearly the amounts and the

361-27   date or dates on which interest is due on such bonds, the date when

 362-1   the principal matures, and the name and address of the bank or

 362-2   trust company at which such principal and interest must be paid.

 362-3   It shall be the duty of the Comptroller [State Treasurer] to accept

 362-4   such deposits, payments and instruments, and safely to keep and use

 362-5   such money for the purposes set forth in this Act, and for no other

 362-6   purpose, and no part of such money, except that in payment for his

 362-7   services and to reimburse his expenses in performing such services,

 362-8   shall be used by or for the State of Texas, or for any creditor of

 362-9   the State of Texas, nor shall such money be commingled with any

362-10   other money.

362-11         Sec. 6.  COMPTROLLER'S [STATE TREASURER'S] DUTIES.  It shall

362-12   be the duty of the Comptroller [State Treasurer] not less than

362-13   fifteen (15) days before such interest is due according to the

362-14   tenor and effect of said bonds, and the principal becomes due, to

362-15   forward by registered mail to the bank or trust company where the

362-16   principal of and interest on such bonds are payable, an amount

362-17   sufficient to pay such principal and interest, and to pay the

362-18   service charges of such bank or trust company.  The Comptroller

362-19   [State Treasurer] shall notify such bank or trust company to

362-20   forward to him bonds and coupons thus canceled, and after he shall

362-21   have made a record of their payment and cancellation shall forward

362-22   such canceled bonds and coupons to such city.  When an Eligible

362-23   City shall have deposited and paid into the office of the

362-24   Comptroller [State Treasurer] the money and shall have done the

362-25   things required under Section 3 it shall have authority to issue

362-26   additional revenue bonds and refunding bonds as permitted in

362-27   Section 2 hereof.

 363-1         Sec. 7.  RIGHTS OF HOLDERS TO SURRENDER BONDS.  At any time

 363-2   after an Eligible City shall have made the deposits and payments

 363-3   required under Section 5 of this Act, the holder of any such bond,

 363-4   irrespective of its maturity date, shall have the right to

 363-5   surrender such bond to the Comptroller [State Treasurer] and shall

 363-6   receive therefor a sum equivalent to all money then remaining on

 363-7   deposit with the Comptroller [State Treasurer], made on account of

 363-8   such surrendered bond; whereupon such bond shall be duly canceled

 363-9   by the Comptroller [State Treasurer] and delivered or forwarded to

363-10   such city.

363-11         Sec. 9.  WITHDRAWAL OF DEPOSITS FROM STATE TREASURY.  After

363-12   an Eligible City has made the deposits and payments required under

363-13   Section 5, at any time it may withdraw from the State Treasury the

363-14   amount of money, both principal and interest, deposited on account

363-15   of any bond by exhibiting to the Comptroller [State Treasurer] said

363-16   bond duly canceled, whereupon the Comptroller [State Treasurer]

363-17   shall make a proper record of the payment and cancellation of such

363-18   bond.

363-19         Sec. 11.  BOND OF COMPTROLLER [STATE TREASURER].  The bond or

363-20   bonds given by the Comptroller [State Treasurer] under Article 4368

363-21   to secure the faithful execution of the duties of his office

363-22   (except such special bonds as may have been given to protect funds

363-23   of the United States Government) and any and all other bonds which

363-24   may have been given by the Comptroller [State Treasurer] shall be

363-25   construed as protecting all moneys and securities deposited or

363-26   placed with the Comptroller [State Treasurer] under this Act.

363-27         SECTION 21.35.  Section 2, Chapter 119, Acts of the 58th

 364-1   Legislature, Regular Session, 1963 (Article 1118n-10, Vernon's

 364-2   Texas Civil Statutes), is amended to read as follows:

 364-3         Sec. 2.  REFUNDING BONDS SECURED BY PLEDGE OF REVENUES;

 364-4   ISSUANCE; INTEREST; DEPOSITS IN STATE TREASURY.  An Eligible City

 364-5   is authorized to issue bonds, without the necessity of an election,

 364-6   for the purpose of refunding outstanding waterworks revenue bonds

 364-7   and sewer revenue bonds into an issue of refunding bonds which will

 364-8   be secured by and payable from a pledge of revenues of both the

 364-9   waterworks system and the sewer system.  Such refunding bonds shall

364-10   bear a rate of interest specified by the governing body of the

364-11   City, but not to exceed six per cent (6%) per annum, and mature

364-12   serially or otherwise in not to exceed forty (40) years.  All or

364-13   any part of such refunding bonds may, in lieu of being exchanged by

364-14   the Comptroller of Public Accounts for outstanding bonds, be sold

364-15   for cash, in which event, there shall be deposited with the

364-16   Comptroller [State Treasurer] an amount of money sufficient to pay

364-17   the unexchanged portion thereof plus interest to maturity on bonds

364-18   which are not optional for redemption prior to maturity, and to the

364-19   option date on bonds which are optional.  There shall also be

364-20   deposited with the Comptroller [State Treasurer] the additional

364-21   amount required by Chapter 541, Acts of the Fifty-first Legislature

364-22   as amended. The Comptroller [State Treasurer] shall hold and

364-23   disburse such funds as provided in Chapter 541 except that he is

364-24   not required to transmit money to the Trustee or the bank of

364-25   payment until one business day before each interest payment date on

364-26   the bonds being refunded.

364-27         SECTION 21.36.  Section 2A(d), Chapter 627, Acts of the 63rd

 365-1   Legislature, Regular Session, 1973 (Article 1118n-11, Vernon's

 365-2   Texas Civil Statutes), is amended to read as follows:

 365-3         (d)  As to refunding bonds covered by this section, if

 365-4   obligations to be refunded are not callable at the time of

 365-5   refunding but will be subject to redemption before maturity, the

 365-6   issuer may provide in the refunding proceedings for redeeming those

 365-7   obligations before maturity, and if it does so, the issuer need

 365-8   deposit with the Comptroller [State Treasurer] under this Act no

 365-9   more than is necessary to provide for payment of the principal and

365-10   interest on those obligations as they are redeemed.

365-11         SECTION 21.37.  Sections 4, 6, 7, and 8, Chapter 627, Acts of

365-12   the 63rd Legislature, Regular Session, 1973 (Article 1118n-11,

365-13   Vernon's Texas Civil Statutes), are amended to read as follows:

365-14         Sec. 4.  SALE FOR CASH; REDEMPTION.  The refunding bonds

365-15   authorized by this Act shall be sold for cash in such manner and at

365-16   such price (not less than par and accrued interest to date of

365-17   delivery) as determined within the discretion of the governing body

365-18   of the issuer, and may be sold in such principal amounts as are

365-19   necessary to provide all or any part of the money required to pay

365-20   the principal of and interest on any obligations being refunded, as

365-21   the same mature and come due, or to provide all or any part of the

365-22   money required to redeem any obligations being refunded, prior to

365-23   maturity, on the date or dates upon which said obligations have

365-24   been called for such redemption, including principal, any required

365-25   premium, the interest to accrue on said obligations to said

365-26   redemption date or dates, together with an amount sufficient to pay

365-27   all expenses related to the issuance of the refunding bonds and the

 366-1   expenses of paying the obligations being refunded under this Act.

 366-2   If any of the obligations being refunded through the sale of

 366-3   refunding bonds under this Act are subject to redemption prior to

 366-4   maturity, they shall be duly called for such redemption on a date

 366-5   or dates upon which they are so redeemable, in accordance with the

 366-6   terms thereof, and the proceedings pertaining to such call, and any

 366-7   notice of redemption required in connection therewith, shall be

 366-8   submitted to the attorney general along with the proceedings

 366-9   authorizing the issuance of said refunding bonds.  However, if the

366-10   notice of redemption in connection with any such obligations being

366-11   refunded is required by the terms thereof to be given or published

366-12   at some future time after the date of the refunding bonds, such

366-13   obligations shall not be considered as being then subject to

366-14   redemption prior to maturity for the purposes of this Act, and in

366-15   calculating the amount required to be deposited with the

366-16   Comptroller [state treasurer] under this Act, such amount shall be

366-17   made sufficient to provide for the payment of the principal of and

366-18   interest on said obligations being refunded as the same mature and

366-19   come due, without being redeemed prior to maturity.

366-20         Sec. 6.  DEPOSITS WITH COMPTROLLER [TREASURER]; CERTIFICATION

366-21   OF DEPOSIT ADEQUACY; DUTIES OF COMPTROLLER [TREASURER].  (a)  The

366-22   issuer shall immediately deposit with the Comptroller [state

366-23   treasurer] (1) the proceeds from the sale of the refunding bonds,

366-24   to the extent such proceeds are not invested, and (2) all of said

366-25   investments, and (3) an additional amount, if necessary, which

366-26   shall be sufficient together with such other deposits to pay the

366-27   principal of and interest on the obligations being refunded, to pay

 367-1   the Comptroller [state treasurer] for his services and to reimburse

 367-2   him for his expenses in performing his duties under this Act, equal

 367-3   to one-twentieth of one percent of the principal or par amount of

 367-4   the obligations being refunded, and one-eighth of one percent of

 367-5   the interest to accrue thereon (but not to exceed a total of $2,000

 367-6   in connection with each issue of refunding bonds issued hereunder),

 367-7   plus an additional amount of money sufficient to pay the service

 367-8   charges of the place or places of payment of said obligations for

 367-9   paying and redeeming same.  The Comptroller [treasurer] shall

367-10   certify to the issuer as to the adequacy of the investments (and

367-11   money) deposited, giving due regard to the dates the principal and

367-12   interest on the investments are scheduled to mature and come due.

367-13   In calculating the adequacy of said investments required to be so

367-14   deposited, the Comptroller [state treasurer] may rely on receiving

367-15   both the principal and the interest scheduled to mature and come

367-16   due on said investments in accordance with their terms,

367-17   respectively, and the amount which otherwise would be required to

367-18   be so deposited, if no interest were scheduled to come due thereon,

367-19   may be reduced accordingly.  It shall be the duty of the

367-20   Comptroller [state treasurer] to accept said deposits of

367-21   investments and to collect promptly, when due and payable, all

367-22   principal of and interest on said investments, but he shall not

367-23   reinvest the same.  It is further provided that the aforesaid

367-24   investments shall be made in such manner that the proceeds

367-25   therefrom, without any reinvestment, will be available for deposit,

367-26   and shall be deposited, by the Comptroller [state treasurer], in

367-27   the place or places of payment, in current available funds, in the

 368-1   required amounts, not later than one business day before each

 368-2   scheduled maturity date, due date, or redemption date,

 368-3   respectively, of said obligations being refunded.   The Comptroller

 368-4   [state treasurer] may rely on a certificate by the secretary or the

 368-5   chief clerical officer of the governing body of the issuer as to

 368-6   the amount of such service charges of the place or places of

 368-7   payment.

 368-8         (b)  It shall be the duty of the Comptroller [state

 368-9   treasurer], in his official capacity of public office, to accept

368-10   and keep safely all deposits of money and investments made with him

368-11   under this Act, and all proceeds from said investments; and no part

368-12   of such deposits of money and investments, or proceeds therefrom,

368-13   (excepting the amount paid to him for his services and expenses)

368-14   shall be used by or for the benefit of the State of Texas, or for

368-15   the benefit of any creditor of the State of Texas, and shall not be

368-16   commingled with the General Fund of the state, or any other special

368-17   funds or accounts held by the Comptroller [state treasurer].  Each

368-18   such deposit of money and investments, and proceeds therefrom,

368-19   (excepting the amount paid to him for his services and expenses)

368-20   shall be kept and maintained separate and apart from all other

368-21   money and investments, and shall be kept and held, in escrow, and

368-22   in trust, by the Comptroller [state treasurer], and shall be

368-23   charged with an irrevocable first lien and pledge in favor of the

368-24   holders of the obligations to be paid therefrom, and said deposits

368-25   of money and investments, and proceeds therefrom, shall be used

368-26   only for the purposes provided in this Act.  Each such deposit of

368-27   money and investments, and proceeds therefrom, shall be regarded as

 369-1   public funds, and legal title thereto shall be in the Comptroller

 369-2   [state treasurer], in his official capacity as trustee, until paid

 369-3   out as herein provided, but equitable title thereto shall be in the

 369-4   issuer, until so paid out.  The writ of mandamus, and all other

 369-5   legal remedies, shall be available to any bondholder, the issuer or

 369-6   any other party at interest to require the Comptroller [state

 369-7   treasurer] to perform his functions and duties under this Act.  The

 369-8   surety bond or bonds given by the Comptroller [state treasurer] in

 369-9   connection with the proper performance of his duties of office

369-10   (excepting any special bonds given to protect funds of the United

369-11   States government) shall protect and be construed as protecting all

369-12   said deposits of money and investments, and proceeds therefrom.

369-13   The Comptroller [state treasurer] shall not in any way invest or

369-14   reinvest any money deposited with him or received by him from any

369-15   investment under this Act.  In the event that any surplus funds

369-16   should remain on hand with the Comptroller [state treasurer] in

369-17   connection with any deposit of money or investments, after he has

369-18   finally performed all of his duties relating thereto under this

369-19   Act, such surplus shall be returned to the issuer.

369-20         (c)  When there is more than one place of payment for any

369-21   such obligations being refunded, the Comptroller [state treasurer]

369-22   shall make all of the deposits required to be made by him under

369-23   this Act at the one of said places of payment having the largest

369-24   capital and surplus and located in the State of Texas, and if none

369-25   of such places of payment is located in the State of Texas, then at

369-26   the place of payment having the largest capital and surplus; and it

369-27   shall be the duty of such place of payment, and the Comptroller

 370-1   [state treasurer] shall so instruct it, to make the required

 370-2   current funds available, to the extent necessary, at the other

 370-3   place or places of payment, to pay or redeem said obligations under

 370-4   presentment therefor.

 370-5         Sec. 7.  ALTERNATIVE PLACE OF DEPOSIT; DUTIES OF PLACES OF

 370-6   PAYMENT.  It is further provided, however, that in the alternative

 370-7   to making the deposit of said investments (together with any

 370-8   uninvested money) with the Comptroller [state treasurer], the

 370-9   issuer shall have the option of making such deposit with any place

370-10   of payment for the obligations being refunded, if said place of

370-11   payment is a bank or trust company located in the State of Texas,

370-12   has trust powers, and is a member of the Federal Reserve System.

370-13   In such case, such place of payment shall perform all applicable

370-14   and pertinent functions and duties provided in this Act for the

370-15   Comptroller [state treasurer], and shall be substituted hereunder

370-16   for the Comptroller [state treasurer] to the extent appropriate and

370-17   practical, except as otherwise provided by this section.  The

370-18   deposits of such investments and money shall be held for

370-19   safekeeping, in escrow, and in trust for and charged with an

370-20   irrevocable first lien and pledge in favor of and for the benefit

370-21   of the holders of the obligations being refunded, all pursuant to

370-22   an appropriate trust or escrow agreement between the issuer and the

370-23   place of payment, upon such further terms and conditions, and for

370-24   such consideration as may be agreeable to the parties thereto.

370-25   Further, all deposits of money with any such place of payment shall

370-26   constitute public funds and shall be secured at all times by a

370-27   pledge of direct obligations of the United States of America,

 371-1   obligations the payment of principal of and interest on which are

 371-2   unconditionally guaranteed by the United States of America, or

 371-3   obligations which, in the opinion of the Attorney General of the

 371-4   United States of America, are general obligations of the United

 371-5   States of America and backed by its full faith and credit.  When

 371-6   there is more than one place of payment for any such obligations

 371-7   being refunded it shall be the duty of such place of payment, with

 371-8   which such deposit is made, to make the required current funds

 371-9   available, to the extent necessary, at the other place or places of

371-10   payment, to pay or redeem said obligations under presentment

371-11   therefor.

371-12         Sec. 8.  DISCHARGE AND FINAL PAYMENT OR REDEMPTION OF

371-13   OBLIGATIONS; SUBORDINATION TO REFUNDED OBLIGATIONS.  When the

371-14   initial deposit of investments (and any uninvested money) is made

371-15   with the Comptroller [state treasurer] or with a place of payment

371-16   under this Act, such deposit shall constitute the making of firm

371-17   banking and financial arrangements for the discharge and final

371-18   payment or redemption of the obligations being refunded, and

371-19   although such obligations being refunded shall continue to be

371-20   obligations of the issuer, automatically they shall become

371-21   obligations of the issuer secured solely by and payable solely from

371-22   such deposit and the proceeds therefrom; and upon the making of

371-23   such deposit, all previous encumbrances existing in connection with

371-24   said obligations being refunded (whether in connection with taxes,

371-25   revenues, real and personal property, or any other source of

371-26   security or payment) automatically shall terminate and be finally

371-27   discharged and released, as a matter of law, and said encumbrances

 372-1   shall be of no further force or effect; and although said

 372-2   obligations being so refunded will remain outstanding, they shall

 372-3   be regarded as being outstanding only for the purpose of receiving

 372-4   the funds provided by the issuer for their payment or redemption

 372-5   under this Act, and they shall not be regarded as being outstanding

 372-6   in ascertaining the power of the issuer to issue bonds, or in

 372-7   calculating any limitations in connection therewith, or for any

 372-8   other purpose.  It is further provided, however, notwithstanding

 372-9   the foregoing language of this section, that the issuer may, in the

372-10   alternative to the foregoing language of this section, provide in

372-11   the proceedings authorizing the issuance of such refunding bonds

372-12   that such refunding bonds shall be subordinate to the obligations

372-13   being refunded, but only in the manner and to the extent provided

372-14   in said authorizing proceedings; and, except for any such specific

372-15   provisions to the contrary in said authorizing proceedings, the

372-16   foregoing language of this section shall be fully applicable.

372-17         SECTION 21.38.  Sections 6-10 and 12, Chapter 642, Acts of

372-18   the 65th Legislature, Regular Session, 1977 (Article 1118n-12,

372-19   Vernon's Texas Civil Statutes), are amended to read as follows:

372-20         Sec. 6.  DEPOSIT OF PROCEEDS WITH COMPTROLLER [STATE

372-21   TREASURER]; DUTIES.  When any refunding bonds issued under the

372-22   provisions of this Act are sold and delivered to the purchaser, the

372-23   board immediately shall have deposited with the Comptroller [state

372-24   treasurer], from the proceeds of the sale, and any other funds

372-25   available for that purpose, the amount which will be required to

372-26   pay the principal of and interest on the obligations being refunded

372-27   as they mature and come due, and the amount which will be required

 373-1   to redeem prior to maturity any obligations being refunded, on the

 373-2   date or dates upon which these obligations have been called for

 373-3   redemption, including principal, any required redemption premium,

 373-4   and the interest to accrue on those obligations to the redemption

 373-5   date or dates, together with an additional amount to pay the

 373-6   Comptroller [state treasurer] for his services and to reimburse him

 373-7   for his expenses in performing his duties under this Act, equal to

 373-8   one-twentieth of one percent of the principal or par amount of the

 373-9   obligations being refunded, and one-eighth of one percent of the

373-10   interest to accrue thereon, but not to exceed a total of $1,000 in

373-11   connection with each issue of refunding bonds issued under this

373-12   Act, plus an additional amount of money sufficient to pay the

373-13   service charges of the place or places of payment of the

373-14   obligations for paying and redeeming them.  The Comptroller [state

373-15   treasurer] may rely on a certificate or other instrument or

373-16   document which shall be filed with him by the issuer showing

373-17   clearly the date or dates upon which the principal matures and

373-18   interest comes due on the obligations being refunded, and the

373-19   amounts thereof, and the date or dates, if any, on which the

373-20   obligations have been called for redemption prior to maturity,

373-21   together with the redemption price, and the place or places of

373-22   payment of the obligations being refunded, and the charges to be

373-23   made by the place or places of payment for paying and redeeming the

373-24   obligations.  It shall be the duty of the Comptroller [state

373-25   treasurer] to make the appropriate required part of the deposits

373-26   available at the place or places of payment, in current and

373-27   immediately available funds, on or before, but not later than, each

 374-1   maturity date, due date, or redemption date, respectively, of the

 374-2   obligations being refunded, in order to pay the required amounts on

 374-3   each date, plus the service charges of the place or places of

 374-4   payment.

 374-5         Sec. 7.  INVESTMENT OF PROCEEDS.  It is provided, however,

 374-6   that instead of depositing money with the Comptroller [state

 374-7   treasurer] as required by Section 6 of this Act, except for the

 374-8   money to be paid to him for his services and expenses, which in all

 374-9   events shall be deposited in cash, the board may, at its option,

374-10   unless the board determines, in its sole discretion, that money is

374-11   required to be deposited, immediately invest all or any part of the

374-12   proceeds from the sale of the refunding bonds, and any other

374-13   necessary available funds, in direct obligations of the United

374-14   States of America, or in obligations the payment of the principal

374-15   of and interest on which are unconditionally guaranteed by the

374-16   United States of America, or in obligations which, in the opinion

374-17   of the Attorney General of the United States of America, are

374-18   general obligations of the United States of America and backed by

374-19   its full faith and credit, which investments will mature, and bear

374-20   interest payable, at such times and in such amounts as will

374-21   provide, without any reinvestment, not less than the amount of

374-22   money, in addition to any money initially deposited for that

374-23   purpose, required for the payment of the principal of and interest

374-24   on the obligations being refunded, as they mature and come due, and

374-25   for the payment of the redemption price of any obligations being

374-26   refunded and redeemed prior to maturity, on the date or dates on

374-27   which the obligations being refunded have been called for

 375-1   redemption, including principal, any required redemption premium,

 375-2   and the interest to accrue on the obligations to the redemption

 375-3   date or dates, together with the additional amount required to pay

 375-4   the service charges of the place or places of payment of the

 375-5   obligations for paying and redeeming them.  The board shall deposit

 375-6   all of the investments immediately with the Comptroller [state

 375-7   treasurer].  In calculating the amount of the investments required

 375-8   to be so deposited, the issuer and the Comptroller [state

 375-9   treasurer] shall rely on receiving both the principal and interest,

375-10   if any, scheduled to mature and accrue or come due on the

375-11   investments, to the extent that the principal and interest are

375-12   scheduled to mature and accrue or come due prior to the date or

375-13   dates of the maturities, due dates, or redemption date or dates,

375-14   respectively, of the obligations being refunded; and the amount

375-15   which otherwise would be required to be deposited, if no interest

375-16   or increase were scheduled to accrue or come due, may, at the

375-17   option of the board, be reduced accordingly.  It shall be the duty

375-18   of the Comptroller [state treasurer] to accept the deposits of

375-19   investments and to collect promptly, when due and payable, all

375-20   principal of and interest on the investments, but he shall not

375-21   reinvest them.  It is further provided that the aforesaid

375-22   investments shall be made in a manner that the proceeds from them,

375-23   without any reinvestment, will be available for deposit, and shall

375-24   be deposited, by the Comptroller [state treasurer], in the place or

375-25   places of payment, in current and immediately available funds, in

375-26   the required amounts, on or before, and not later than, each

375-27   maturity date, due date, or redemption date, respectively, of the

 376-1   obligations being refunded.

 376-2         Sec. 8.  DUTIES OF COMPTROLLER [TREASURER] AS TO HANDLING AND

 376-3   SAFEKEEPING OF PROCEEDS.  It shall be the duty of the Comptroller

 376-4   [state treasurer], ex officio, in his official capacity of public

 376-5   office, to accept and keep safely all deposits of money and

 376-6   investments made under this Act, and all proceeds from said

 376-7   investments; but no part of such deposits of money and investments,

 376-8   or proceeds therefrom, excepting the amount paid to him for his

 376-9   services and expenses, shall constitute a part of the state

376-10   treasury, or be used by or for the state or for the benefit of any

376-11   creditor of the state, and shall not be commingled with the general

376-12   revenue fund of the state or any other special funds or accounts

376-13   held by the Comptroller [state treasurer].  The Comptroller [state

376-14   treasurer] shall keep and maintain each such deposit of money and

376-15   investments, and proceeds from them, excepting the amount paid to

376-16   him for his services and expenses, separate and apart from all

376-17   other deposits, money, funds, accounts, and investments, and each

376-18   such deposit of money and investments, and proceeds from them,

376-19   shall be kept and held in escrow and in trust by the Comptroller

376-20   [state treasurer], for and on behalf of, and charged with an

376-21   irrevocable first lien and pledge in favor of, the holders of the

376-22   obligations to be paid the deposits, and the deposits of money and

376-23   investments, and proceeds from them, shall be used only for the

376-24   purposes provided in this Act.  Each deposit of money and

376-25   investments, and proceeds from them shall be public funds, and

376-26   legal title shall be in the Comptroller [state treasurer], in his

376-27   official capacity as trustee, until paid out as provided in this

 377-1   Act, but equitable title shall be in the issuer, until paid out.

 377-2   The writ of mandamus and all other legal and equitable remedies

 377-3   shall be available to any bondholder, the issuer, or any other

 377-4   party at interest to require the Comptroller [state treasurer] to

 377-5   perform his functions and duties under this Act.  The surety bond

 377-6   or bonds given by the Comptroller [state treasurer] in connection

 377-7   with the proper performance of his duties of office, excepting any

 377-8   special bonds given to protect funds of the United States shall

 377-9   protect and be construed as protecting all the deposits of money

377-10   and investments, and proceeds from them.  The Comptroller [state

377-11   treasurer] shall not in any way invest or reinvest any money

377-12   deposited with him or received by him from investments deposited

377-13   with him under this Act.  In the event that any surplus funds

377-14   should be on hand with the Comptroller [state treasurer] in

377-15   connection with any deposit of money or investments, or proceeds

377-16   from them, the surplus shall be returned to the issuer.

377-17         Sec. 9.  PLACE OF PAYMENT.  If there is more than one place

377-18   of payment for any obligations being refunded under this Act, the

377-19   Comptroller [state treasurer] shall make all deposits required

377-20   under this Act at the place of payment located in the state, if

377-21   there is one, or if there is more than one place of payment located

377-22   in the state, or if no place of payment is located in the state,

377-23   then at the one of the places of payment having the largest capital

377-24   and surplus.  It shall be the statutory duty of the place of

377-25   payment, and the Comptroller [state treasurer] shall instruct it,

377-26   to make the appropriate financial arrangements so that the

377-27   necessary required current funds will be available, to the extent

 378-1   necessary, at the other places of payment, to pay or redeem the

 378-2   obligations when due; provided that this section shall not apply in

 378-3   the event the board proceeds under Section 10 of this Act.

 378-4         Sec. 10.  ALTERNATIVE PLACE OF DEPOSIT.  It is further

 378-5   provided, however, that in the alternative to making the deposit of

 378-6   money or investments with the Comptroller [state treasurer] in

 378-7   connection with refunding bonds issued and sold under this Act, and

 378-8   notwithstanding any provisions of this Act to the contrary, the

 378-9   board shall have the option of making the deposit of money or

378-10   investments with any place of payment (paying agent), wherever

378-11   located, for the obligations being refunded, or, at the option of

378-12   the board, with any trustee under any trust indenture, trust

378-13   agreement, deed of trust, or other instrument, securing the

378-14   obligations being refunded.  In that case the place of payment or

378-15   trustee shall, to the extent practicable, substantially perform the

378-16   applicable and pertinent functions and duties provided in this Act

378-17   for the Comptroller [state treasurer], to the extent appropriate

378-18   and practical, and the place of payment or trustee shall be

378-19   substituted for the Comptroller [state treasurer] under this Act to

378-20   the extent appropriate and practical, except as otherwise provided

378-21   by this section.  Such deposits of money and investments shall be

378-22   held for safekeeping, in escrow, in trust for, and charged with an

378-23   irrevocable first lien and pledge in favor of, and for the benefit

378-24   of, the holders of the obligations being refunded, and the issuer

378-25   and the place of payment or trustee, may execute an appropriate

378-26   trust or escrow agreement on the terms and conditions, and for the

378-27   consideration agreeable to the parties to the agreement.  The

 379-1   agreement may provide that any deposits of money may be invested in

 379-2   direct obligations of the United States of America, or obligations

 379-3   the payment of principal of and interest on which are

 379-4   unconditionally guaranteed by the United States of America, or

 379-5   obligations which, in the opinion of the Attorney General of the

 379-6   United States of America, are general obligations of the United

 379-7   States of America and backed by its full faith and credit, or may

 379-8   be placed in interest bearing time deposits secured at all times by

 379-9   an equal amount in market value of any of the federal obligations

379-10   named above.  The agreement further shall provide for deposits with

379-11   the place or places of payment (paying agent or agents) to pay or

379-12   redeem the obligations being refunded when due, and may provide

379-13   that at any time the amount of money and investments held in escrow

379-14   exceeds the amount required for purposes of this Act, the excess

379-15   shall be transferred and delivered to the issuer, or as directed by

379-16   the board, to be used for any lawful purpose, including the payment

379-17   of revenue bonds issued pursuant to this Act or otherwise, all at

379-18   the option of the board.

379-19         Sec. 12.  DISCHARGE AND FINAL PAYMENT OR REDEMPTION OF

379-20   OBLIGATIONS; SUBORDINATION TO REFUNDED OBLIGATIONS.  When the

379-21   initial deposit of money or investments is made with the

379-22   Comptroller [state treasurer] or with a place of payment (paying

379-23   agent) or trustee in accordance with this Act for any obligations

379-24   being refunded under this Act, the deposit shall constitute the

379-25   making of firm banking and financial arrangements for the discharge

379-26   and final payment or redemption of the obligations being refunded,

379-27   and although the obligations being refunded continue to be

 380-1   obligations of the issuer, automatically they become obligations of

 380-2   the issuer secured solely by and payable solely from the deposit

 380-3   and the proceeds from them; and on making the deposit, all previous

 380-4   encumbrances, including all liens, pledges, mortgages, deeds of

 380-5   trust, trust indentures, or trust agreements, existing in

 380-6   connection with the obligations being refunded, whether in

 380-7   connection with revenues, real, personal, and mixed property, or

 380-8   any other source of security or payment, automatically terminate

 380-9   and are finally discharged and released, as a matter of law, and

380-10   the encumbrances shall be of no further force or effect; and

380-11   although the obligations being refunded will remain outstanding,

380-12   they shall be regarded as being outstanding only for the purpose of

380-13   receiving the funds provided by the issuer for their payment or

380-14   redemption under this Act, and they shall not be regarded as being

380-15   outstanding in ascertaining the power of the issuer to issue bonds,

380-16   or in calculating any limitations in connection therewith, or for

380-17   any other purpose.  It is further provided, however,

380-18   notwithstanding the foregoing provisions of this section, that the

380-19   board may, in the alternative to the foregoing provisions of this

380-20   section, provide in the proceedings authorizing the issuance of the

380-21   refunding bonds that the refunding bonds are subordinate to the

380-22   obligations being refunded, but only in the manner and to the

380-23   extent provided in the authorizing proceedings; and, except for any

380-24   specific provisions to the contrary in the authorizing proceedings,

380-25   the foregoing provisions of this section are fully applicable.

380-26         SECTION 21.39.  Section 8(c), Chapter 341, Acts of the 57th

380-27   Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas

 381-1   Civil Statutes), is amended to read as follows:

 381-2         (c)  Refunding obligations shall be authorized and shall be

 381-3   executed and mature as is provided in this Act for original

 381-4   obligations.  They shall be approved by the Attorney General of the

 381-5   State of Texas as in the case of original obligations, and shall be

 381-6   registered by the Comptroller of Public Accounts of the State of

 381-7   Texas upon surrender and cancellation of the obligations to be

 381-8   refunded; but in lieu thereof, the ordinance or resolution

 381-9   authorizing their issuance may provide that they shall be sold at

381-10   public or private sale and the proceeds thereof deposited in any

381-11   place or places where any of the underlying obligations are

381-12   payable, or with the Comptroller [State Treasurer], in which case

381-13   the refunding obligations may be issued in an amount sufficient,

381-14   not only to pay the principal of the underlying obligations, but

381-15   also to pay the interest on the underlying obligations to their

381-16   option or maturity dates, and the Comptroller [of Public Accounts]

381-17   shall register them without the surrender and cancellation of the

381-18   underlying obligations.  In those situations where the proceeds of

381-19   revenue refunding obligations are deposited in a place or places

381-20   where the underlying obligations are payable, or with the

381-21   Comptroller [State Treasurer], they shall be so deposited under an

381-22   escrow agreement so that such proceeds and interest earned from the

381-23   investment of such proceeds as hereinafter provided, will be

381-24   available for the payment of the interest on and principal of said

381-25   underlying obligations as such interest and principal respectively

381-26   become due; and such escrow agreement may provide that such

381-27   proceeds may, until such time as the same are needed to pay

 382-1   interest and principal as the same become due, be invested in

 382-2   direct obligations of the United States of America, in which

 382-3   instances the interest earned on such investments may be pledged to

 382-4   the payment of the principal of and interest on the underlying

 382-5   obligations, the refunding obligations or shall be considered as

 382-6   revenues of the improvements and facilities.

 382-7         SECTION 21.40.  Section 7.11, Texas Non-Profit Corporation

 382-8   Act (Article 1396-7.11, Vernon's Texas Civil Statutes), is amended

 382-9   to read as follows:

382-10         Sec. 7.11.  DEPOSIT WITH COMPTROLLER [STATE TREASURER] OF

382-11   AMOUNT DUE CERTAIN PERSONS.  A.  Upon the voluntary or involuntary

382-12   dissolution of a corporation, the portion of the assets

382-13   distributable to a creditor or member or other person who is

382-14   unknown or cannot be found after the exercise of reasonable

382-15   diligence by the person or persons responsible for the distribution

382-16   in liquidation of the corporation's assets shall be reduced to cash

382-17   and deposited with the Comptroller [State Treasurer], together with

382-18   a statement giving the name of the person, if known, entitled to

382-19   such fund, his last known address, the amount of his distributive

382-20   portion, and such other information about such person as the

382-21   Comptroller [State Treasurer] may reasonably require, whereupon the

382-22   person or persons responsible for the distribution in liquidation

382-23   of the corporation's assets shall be released and discharged from

382-24   any further liability with respect to the funds so deposited.  The

382-25   Comptroller [State Treasurer] shall issue his receipt for such fund

382-26   and shall deposit same in a special account to be maintained by

382-27   him.

 383-1         B.  On receipt of satisfactory written proof of ownership or

 383-2   of right to such fund within seven (7) years from the date such

 383-3   fund was so deposited, the [State Treasurer shall certify such fact

 383-4   to the] Comptroller of Public Accounts[, who] shall issue proper

 383-5   warrant therefor drawn on the State Treasury [Treasurer] in favor

 383-6   of the person or persons then entitled thereto.  If no claimant has

 383-7   made satisfactory proof of rights to such fund within seven (7)

 383-8   years from the time of such deposit the Comptroller [State

 383-9   Treasurer] shall then cause to be published in one issue of a

383-10   newspaper of general circulation in Travis County, Texas, a notice

383-11   of the proposed escheat of such fund, giving the name of the

383-12   creditor, member, or other person apparently entitled thereto, his

383-13   last known address, if any, the amount of the fund so deposited,

383-14   and the name of the dissolved corporation from whose assets such

383-15   fund was derived.  If no claimant makes satisfactory proof of right

383-16   to such fund within two months from the time of such publication,

383-17   the fund so unclaimed shall thereupon automatically escheat to and

383-18   become the property of the General Revenue Fund of the State of

383-19   Texas.

383-20         SECTION 21.41.  Sections 1, 4, and 5, Chapter 65, Acts of the

383-21   43rd Legislature, 2nd Called Session, 1934 (Article 2606a, Vernon's

383-22   Texas Civil Statutes), are amended to read as follows:

383-23         Sec. 1.  FORM AND REQUISITES.  The Governor of the State of

383-24   Texas is hereby authorized to have printed manuscript bonds of the

383-25   State of Texas in convenient denominations to be determined by him

383-26   for the purpose of refunding the principal of the bonds hereinafter

383-27   mentioned.  Said bonds shall be designated "State of Texas

 384-1   Refunding Bonds, Issue of 1934."  Said bonds shall be numbered and

 384-2   dated as hereinafter indicated and shall bear the rate of interest

 384-3   hereinafter fixed, and shall become due and payable on the dates

 384-4   hereinafter shown.  Interest paying dates on the various bonds

 384-5   authorized herein shall be fixed as hereinafter indicated.  The

 384-6   form of such bonds shall be prepared by the Attorney General.  Each

 384-7   of them shall be signed by the Governor and the Comptroller

 384-8   [Treasurer] of the State of Texas and [countersigned and]

 384-9   registered by the Comptroller, and shall have the state seal

384-10   affixed thereto.

384-11         Sec. 4.  REGISTRATION BY COMPTROLLER; DESTRUCTION OF

384-12   EXCHANGED BONDS.  After said refunding bonds have been prepared,

384-13   signed and sealed the same shall be delivered to the State

384-14   Comptroller of Public Accounts for registration by him and held by

384-15   said Comptroller to be exchanged by him upon the delivery and

384-16   surrender to him of a like amount of bonds for which said refunding

384-17   bonds were issued.  When the Comptroller shall have received the

384-18   bonds now outstanding in exchange for refunding bonds, said

384-19   outstanding bonds for which refunding bonds shall be exchanged

384-20   shall be by him destroyed by burning the same in the presence of

384-21   the [State Treasurer and the] Attorney General.  When said bonds

384-22   shall have been destroyed each of said officers shall sign a

384-23   certificate to the effect that said bonds have been destroyed and

384-24   file same with the Secretary of State of the State of Texas.

384-25         Sec. 5.  AUDIT OF OUTSTANDING BONDS.  It shall be the duty of

384-26   the State Auditor and Efficiency Expert to inspect and audit all of

384-27   the outstanding State bonds held by the various State funds as

 385-1   outlined in this Act and to submit his findings and recommendation

 385-2   to the Governor as to the respective amounts of outstanding

 385-3   indebtedness held by the various funds that will be necessary to be

 385-4   refunded under the terms of this Act.  The Comptroller [State

 385-5   Treasurer] is hereby directed and instructed to make the exchange

 385-6   of bonds herein provided for.

 385-7         SECTION 21.42.  Section 9, The Texas Engineering Practice Act

 385-8   (Article 3271a, Vernon's Texas Civil Statutes), is amended to read

 385-9   as follows:

385-10         Sec. 9.  RECEIPTS AND DISBURSEMENTS.  The Secretary of the

385-11   Board shall receive and account for all moneys derived under the

385-12   provisions of this Act, and shall pay the same weekly to the

385-13   Comptroller [State Treasurer] who shall keep such moneys in a

385-14   separate fund to be known as the "Professional Engineers' Fund".

385-15   Such fund shall be paid out only by warrant of the State

385-16   Comptroller [upon the State Treasurer,] upon itemized vouchers,

385-17   approved by the Chairman and attested by the Secretary of the

385-18   Board.  All moneys in the "Professional Engineers' Fund" are hereby

385-19   specifically appropriated for the use of the Board in the

385-20   administration of this Act.  The Secretary of the Board shall give

385-21   a surety bond to the Governor of the State of Texas in the sum of

385-22   Two Thousand Five Hundred ($2,500.00) Dollars.  The premium on said

385-23   bond shall be paid out of the "Professional Engineers' Fund".  The

385-24   Secretary of the Board shall receive such salary as the Board shall

385-25   determine in addition to the compensation and expenses provided for

385-26   in this Act.  The Board shall employ such clerical or other

385-27   assistants as are necessary for the proper performance of its work,

 386-1   and may make expenditures of this fund for any purpose which in the

 386-2   opinion of the Board is reasonably necessary for the proper

 386-3   performance of its duties under this Act.  Under no circumstances

 386-4   shall the total amount of warrants issued by the State Comptroller

 386-5   in payment of the expenses and compensation provided for in this

 386-6   Act exceed the amount of the "Professional Engineers' Fund".

 386-7   Provided further, that the salaries paid herein shall not be in

 386-8   excess of salaries paid for similar work in other departments.

 386-9         SECTION 21.43.  Section 13(b), Texas Driver and Traffic

386-10   Safety Education Act (Article 4413(29C), Vernon's Texas Civil

386-11   Statutes), is amended to read as follows:

386-12         (b)(1)  License, application, and registration fees shall be

386-13   collected by the commissioner and deposited with the comptroller

386-14   [state treasurer].  Fees shall be sufficient to cover

386-15   administrative costs and may not be subject to refund.  Fees shall

386-16   be as follows:

386-17                     (A)(i)  the initial fee for a driver education

386-18   school license is $1,000 plus $850 for each branch location;

386-19                           (ii)  the initial fee for a driving safety

386-20   school license is an appropriate amount established by the board

386-21   not to exceed $200; and

386-22                           (iii)  the initial fee for a course

386-23   provider license is an appropriate amount established by the board

386-24   not to exceed $2,000, except that this fee may be waived by the

386-25   agency if revenue received by the agency from the course provider

386-26   is sufficient to fund the cost of licensing the course provider;

386-27                     (B)  the annual renewal fee for a course

 387-1   provider, driving safety school, driver education school, and

 387-2   branch school is an appropriate amount established by the board not

 387-3   to exceed $200, but may be waived by the agency if revenue

 387-4   generated by the issuance of uniform certificates of completion and

 387-5   driver education certificates is sufficient to fund the cost of

 387-6   administering this Act and Subchapter B, Chapter 543,

 387-7   Transportation Code [Section 143A, Uniform Act Regulating Traffic

 387-8   on Highways (Article 6701d, Vernon's Texas Civil Statutes)];

 387-9                     (C)  the fee for a change of address of a driver

387-10   education school is $180 and of a driving safety school or course

387-11   provider is $50;

387-12                     (D)  the fee for a change of name of:

387-13                           (i)  a driver education school or course

387-14   provider or an owner of a driver education school or course

387-15   provider is $100; and

387-16                           (ii)  a driving safety school or owner of a

387-17   driving safety school is $50;

387-18                     (E)  the application fee for each additional

387-19   driver education or driving safety course at a school is $25;

387-20                     (F)  the application fee for each director is

387-21   $30, and for each assistant director, or administrative staff

387-22   member is $15;

387-23                     (G)  each application for approval of a driving

387-24   safety course that has not been evaluated by the board shall be

387-25   accompanied by a nonrefundable fee of $9,000;

387-26                     (H)  each application for an original driver

387-27   education or driving safety instructor's license shall be

 388-1   accompanied by a processing fee of $50 and an annual license fee of

 388-2   $25, except that the commissioner may not collect the processing

 388-3   fee from an applicant for a driver education instructor license who

 388-4   is currently teaching a driver education course in a public school

 388-5   in this state; and

 388-6                     (I)  the fee for a duplicate license, which may

 388-7   be issued if the original is lost or destroyed and an affidavit of

 388-8   that fact is filed with the agency, shall be set by the board.

 388-9               (2)  A driver education instructor who teaches driver

388-10   education courses in a county having a population of 50,000 or

388-11   less, according to the most recent federal census, and who has no

388-12   more than 200 students annually, shall be regulated by the agency

388-13   as a school.  An instructor described by this subdivision shall

388-14   submit a school application or renewal form plus all required

388-15   documentation and information to the agency.  The commissioner may

388-16   waive initial school fees, annual school renewal fees, or

388-17   director's or administrative staff member's fees.  An instructor

388-18   described by this subdivision is not exempt from licensing

388-19   requirements or fees.

388-20               (3)  The commissioner shall periodically review and

388-21   recommend adjustments in the level of fees to the board and

388-22   legislature.

388-23               (4)  The fee for an investigation of a school or course

388-24   provider to resolve a complaint filed against the school or course

388-25   provider shall be set by the commissioner and approved by the

388-26   board.  The complaint investigation fee may be charged only if:

388-27                     (A)  the complaint could not have been resolved

 389-1   solely by telephone or written correspondence;

 389-2                     (B)  a representative of the agency visited the

 389-3   school or course provider as a part of the complaint resolution

 389-4   process; and

 389-5                     (C)  the school or course provider is found to be

 389-6   at fault.

 389-7               (5)  The agency shall print and supply to licensed

 389-8   course providers serially numbered uniform certificates of course

 389-9   completion.  The agency may charge a fee of not more than $4 for

389-10   each certificate.  A course provider shall charge an operator a fee

389-11   equal to the fee paid to the agency for a certificate.   The course

389-12   provider shall charge and retain a user fee of not less than $3 a

389-13   student for the use of course materials, oversight, and

389-14   administration of the course.

389-15               (6)  Fees collected under this subsection shall be

389-16   deposited in the state treasury in a special account in the General

389-17   Revenue Fund.  Money in the account may be appropriated only for

389-18   payment of monetary awards for information concerning abuse of the

389-19   driver education or uniform certificates of completion that leads

389-20   to the conviction or removal of an approval, license, or

389-21   authorization and for the administration of this Act and Subchapter

389-22   B, Chapter 543, Transportation Code [Section 143A, Uniform Act

389-23   Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil

389-24   Statutes)]. This dedication is exempt from the application of

389-25   Sections 403.094 and 403.095, Government Code.

389-26               (7)  Duplicate uniform certificates of completion shall

389-27   be issued by the agency.  An appropriate fee for issuing duplicate

 390-1   certificates shall be determined by board rule.

 390-2         SECTION 21.44.  Section 6(c), Polygraph Examiners Act

 390-3   (Article 4413(29cc), Vernon's Texas Civil Statutes), is amended to

 390-4   read as follows:

 390-5         (c)  All fees collected under the provisions of this Act

 390-6   shall be paid to the Comptroller [Treasurer] of the State of Texas.

 390-7   Funds necessary for the enforcement of this Act and the

 390-8   administration of its provisions shall be appropriated by the

 390-9   Legislature, but the funds so appropriated for a biennium shall not

390-10   exceed the total amount of the fees which it is anticipated will be

390-11   collected hereunder during such biennium.

390-12         SECTION 21.45.  Section 2(a), Article 4413(29ee), Revised

390-13   Statutes, is amended to read as follows:

390-14         (a)  A person is eligible for a license to carry a concealed

390-15   handgun if the person:

390-16               (1)  is a legal resident of this state for the

390-17   six-month period preceding the date of application under this

390-18   article;

390-19               (2)  is at least 21 years of age;

390-20               (3)  has not been convicted of a felony;

390-21               (4)  is not charged with the commission of a Class A or

390-22   Class B misdemeanor or an offense under Section 42.01, Penal Code,

390-23   or of a felony under an information or indictment;

390-24               (5)  is not a fugitive from justice for a felony or a

390-25   Class A or Class B misdemeanor;

390-26               (6)  is not a chemically dependent person;

390-27               (7)  is not a person of unsound mind;

 391-1               (8)  has not, in the five years preceding the date of

 391-2   application, been convicted of a Class A or Class B misdemeanor or

 391-3   an offense under Section 42.01, Penal Code;

 391-4               (9)  is fully qualified under applicable federal and

 391-5   state law to purchase a handgun;

 391-6               (10)  has not been finally determined to be delinquent

 391-7   in making a child support payment administered or collected by the

 391-8   attorney general;

 391-9               (11)  has not been finally determined to be delinquent

391-10   in the payment of a tax or other money collected by the

391-11   comptroller, [state treasurer,] tax collector of a political

391-12   subdivision of the state, Texas Alcoholic Beverage Commission, or

391-13   any other agency or subdivision of the state;

391-14               (12)  has not been finally determined to be in default

391-15   on a loan made under Chapter 57, Education Code;

391-16               (13)  is not currently restricted under a court

391-17   protective order or subject to a restraining order affecting the

391-18   spousal relationship, not including a restraining order solely

391-19   affecting property interests;

391-20               (14)  has not, in the 10 years preceding the date of

391-21   application, been adjudicated as having engaged in delinquent

391-22   conduct violating a penal law of the grade of felony; and

391-23               (15)  has not made any material misrepresentation, or

391-24   failed to disclose any material fact, in an application submitted

391-25   pursuant to Section 3 of this article or in a request for

391-26   application submitted pursuant to Section 4 of this article.

391-27         SECTION 21.46.  Section 8(b), Article 4413(37), Revised

 392-1   Statutes, is amended to read as follows:

 392-2         (b)  The comptroller [treasurer] shall administer the fund

 392-3   and may invest the fund in the same manner as other state funds.

 392-4         SECTION 21.47.  Section 3.10(a), Medical Practice Act

 392-5   (Article 4495b, Vernon's Texas Civil Statutes), is amended to read

 392-6   as follows:

 392-7         (a)  All annual registration fees collected by the board

 392-8   shall be placed in the State Treasury to the credit of the medical

 392-9   registration fund.  The fees deposited to this special fund shall

392-10   be credited to the appropriations of the board and may be spent

392-11   only as provided by the General Appropriations Act, this Act, or

392-12   other applicable statutes.  Money in that fund may be used by the

392-13   board and under its direction in the enforcement of this Act, the

392-14   prohibition of the unlawful practice of medicine, the dissemination

392-15   of information to prevent the violation of the laws, and the

392-16   prosecution of those who violate the laws.  All distributions from

392-17   the fund may be made only upon written approval of the

392-18   secretary-treasurer of the board or his designated representative,

392-19   and the comptroller shall upon requisition of the board from time

392-20   to time draw warrants upon the fund [State Treasurer] for the

392-21   amounts specified in the requisition.

392-22         SECTION 21.48.  Section 11, State Medical Education Act

392-23   (Article 4498c, Vernon's Texas Civil Statutes), is amended to read

392-24   as follows:

392-25         Sec. 11.  REQUISITION; WARRANT; PAYMENT BY COMPTROLLER

392-26   [TREASURER] OUT OF APPROPRIATED FUNDS.  All payments of funds or

392-27   loans or scholarships hereunder shall be made by requisition of the

 393-1   Board signed by the Chairman and the Secretary directed to the

 393-2   Comptroller of the Public Accounts, who shall thereupon issue a

 393-3   warrant on the Treasury of the State of Texas for the amount fixed

 393-4   in the requisition and payable to the person designated thereon,

 393-5   which said warrant upon presentation shall be paid by the

 393-6   Comptroller [Treasurer] out of any funds appropriated by the

 393-7   Legislature for the purpose provided for under this Act.

 393-8         SECTION 21.49.  Section 22, Texas Medical Physics Practice

 393-9   Act (Article 4512n, Vernon's Texas Civil Statutes), is amended to

393-10   read as follows:

393-11         Sec. 22.  DISPOSITION OF FEES.  The board shall send to the

393-12   comptroller [state treasurer] all funds received by the board under

393-13   this Act for deposit in the General Revenue Fund to the credit of a

393-14   special account known as the professional medical physicists

393-15   account.  Money from the account may be used only for the

393-16   administration of this Act, except that, on the determination of

393-17   the presiding officer of the board and the officer's notification

393-18   of the comptroller [state treasurer] that a specified amount is not

393-19   required for the administration of this Act, the comptroller [state

393-20   treasurer] shall release that amount from the special account.

393-21         SECTION 21.50.  Section 3, Article 4527, Revised Statutes, as

393-22   amended by Chapter 436, Acts of the 73rd Legislature, Regular

393-23   Session, 1993, is amended to read as follows:

393-24         Sec. 3.  All fees received by said Board under this law shall

393-25   be placed in the State Treasury to the credit of a special fund to

393-26   be know as the "Professional Nurse Registration Fund" and the

393-27   Comptroller shall upon requisition of the Board from time to time

 394-1   draw warrants upon the State Treasury [Treasurer] for the amounts

 394-2   specified in such requisition; provided, however, all fees

 394-3   collected by the Board and deposited in the Professional Nurse

 394-4   Registration Fund shall be expended as specified by itemized

 394-5   appropriation in the General Appropriations Act and shall be used

 394-6   by the Board, and under its directions, only for purposes of

 394-7   carrying out this Act.

 394-8         SECTION 21.51.  Section 13, Chapter 118, Acts of the 52nd

 394-9   Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas

394-10   Civil Statutes), is amended to read as follows:

394-11         Sec. 13.  CUSTODY AND USE OF REVENUES.  Upon and after the

394-12   effective date of this Act, all moneys derived from fees,

394-13   assessments, or charges under this Act shall be paid by the Board

394-14   into the State Treasury for safekeeping, and shall by the

394-15   Comptroller [State Treasurer] be placed in a separate fund to be

394-16   available for use of the Board in the administration of the act

394-17   upon requisition of the Board.  All such moneys so paid into the

394-18   State Treasury are hereby allocated to the Board for the purpose of

394-19   paying the salaries and expenses of all persons employed or

394-20   appointed as provided herein for the administration of this Act,

394-21   and all other expenses necessary and proper for the administration

394-22   of this Act, including equipment and maintenance of any supplies

394-23   for such offices or quarters as the Board may occupy, and necessary

394-24   traveling expenses for the Board or persons authorized to act for

394-25   it when performing duties hereunder at the request of the Board.

394-26   The Comptroller shall, upon requisition of the Board, from time to

394-27   time, draw warrants upon the State Treasury [Treasurer] for the

 395-1   amount specified in such requisition, not exceeding, however, the

 395-2   amount in such fund at the time of making any requisition;

 395-3   provided, however, that all moneys expended in the administration

 395-4   of this Act shall be specified and determined by itemized

 395-5   appropriation in the General Departmental Appropriation Act or

 395-6   other appropriation acts.

 395-7         SECTION 21.52.  Section 2.15(b), Texas Optometry Act (Article

 395-8   4552-2.15, Vernon's Texas Civil Statutes), is amended to read as

 395-9   follows:

395-10         (b)  The funds realized from annual renewal fees shall be

395-11   distributed as follows:  15 percent of each renewal fee collected

395-12   by the board under Section 3.03 of this Act shall be dedicated to

395-13   the University of Houston Development Fund.  The license money

395-14   placed in the development fund pursuant hereto shall be utilized

395-15   solely for scholarships and improvements in the physical

395-16   facilities, including library, of the College of Optometry.

395-17         The remainder of the fees attributable to annual renewal fees

395-18   and all other fees payable under this Act shall be placed in the

395-19   state treasury to the credit of a special fund to be known as the

395-20   "Optometry Fund," and the comptroller shall upon requisition of the

395-21   board from time to time draw warrants upon the state treasury

395-22   [treasurer] for the amounts specified in such requisition;

395-23   provided, however, the fees from this optometry fund shall be

395-24   expended as specified by itemized appropriation in the General

395-25   Appropriations bill and shall be used by the Texas Optometry Board,

395-26   and under its direction in carrying out its statutory duties.

395-27         SECTION 21.53.  Section 11(f), Texas Manufactured Housing

 396-1   Standards Act (Article 5221f, Vernon's Texas Civil Statutes), is

 396-2   amended to read as follows:

 396-3         (f)  All fees assessed under this section shall be paid to

 396-4   the Comptroller [State Treasurer] and placed in the General Revenue

 396-5   Fund.

 396-6         SECTION 21.54.  Section 7(a), Article 5221f-1, Revised

 396-7   Statutes, is amended to read as follows:

 396-8         (a)  The commission shall set fees for registration of

 396-9   manufacturers or builders constructing industrialized housing or

396-10   buildings, for the inspection of industrialized housing or

396-11   buildings at the manufacturing plant or facility, and for the

396-12   issuance of decals or insignia in amounts that pay for all costs of

396-13   the inspections and administration of this article.  These fees

396-14   shall be paid to the comptroller [state treasurer] and placed in

396-15   the general revenue fund.

396-16         SECTION 21.55.  Section 6, Article 5330a, Revised Statutes,

396-17   is amended to read as follows:

396-18         Sec. 6.  DEPOSIT AND USE OF FEES.  The examination fees

396-19   provided for in Section 3 of this Act shall be deposited with the

396-20   Comptroller [State Treasurer] in a special fund to the credit of

396-21   the Land Board created in Section 2 hereof.  All such moneys so

396-22   paid into the State Treasury are hereby specifically appropriated

396-23   to said Land Board for the purpose of defraying the authorized and

396-24   necessary expenses incident to the enforcement of this Act incurred

396-25   by said Board in determining the identity of persons entitled to

396-26   the benefits of this Act.  The Comptroller shall, from time to

396-27   time, upon requisition of the Commissioner of the General Land

 397-1   Office, draw warrants upon the State Treasury [Treasurer] for the

 397-2   amounts specified in such requisition, not exceeding, however, the

 397-3   amount of such fund on deposit at the time of the making of any

 397-4   requisition therefor.  Any sum remaining in such fund after all

 397-5   expenses have been paid shall be transferred to the Permanent

 397-6   School Fund.  The amount of money accruing to the State of Texas as

 397-7   consideration for the sale of the land as provided for in Section 3

 397-8   hereof shall be placed to the credit of the Permanent School Fund.

 397-9         SECTION 21.56.  Section 2(a), Article 6060, Revised Statutes,

397-10   is amended to read as follows:

397-11         (a)  A person on whom a tax is imposed by this article shall

397-12   report and pay to the railroad commission the tax imposed in a

397-13   calendar quarter on or before the 20th day of the second month of

397-14   the next calendar quarter.  The payment must be made payable to the

397-15   comptroller [state treasurer].

397-16         SECTION 21.57.  Article 6066, Revised Statutes, is amended to

397-17   read as follows:

397-18         Art. 6066.  EXPENDITURES.  The salary and expenses of the

397-19   expert and his assistant and the salaries, wages, fees, and

397-20   expenses of every other person employed or appointed by the

397-21   Commission under the provisions of this subdivision, and all other

397-22   expenses, costs, and charges, including witness fees and mileage

397-23   incurred by/or under authority of the Commission or a Commissioner

397-24   in administering and enforcing the provisions of this subdivision

397-25   or in exercising any power or authority hereunder, shall be paid

397-26   out of the General Revenue Fund by the Comptroller [State

397-27   Treasurer] on warrants of the Comptroller on orders or vouchers

 398-1   approved by the Commission or Chairman thereof.  The entire amount

 398-2   derived from the tax imposed by Article 6060, as amended, shall be

 398-3   deposited to the General Revenue Fund.

 398-4         SECTION 21.58.  Section 10(c), Article 6066a, Revised

 398-5   Statutes, is amended to read as follows:

 398-6         (c)  Notice of pendency of such suit shall be served in the

 398-7   manner prescribed by law; either party to said suit may demand a

 398-8   trial by jury on any issue of fact raised by the pleadings and the

 398-9   case shall proceed to trial as other civil cases.  If, upon the

398-10   trial of such suit the oil or product in controversy is found to be

398-11   unlawful oil or unlawful products, then the court trying said cause

398-12   shall render judgment forfeiting the same to the State of Texas and

398-13   authorizing the issuance of an order of sale directed to the

398-14   sheriff or any constable of the county where the oil or products

398-15   are located commanding such officer to seize and sell said property

398-16   in the same manner as personal property is sold under execution.

398-17   The court may order the oil or products sold in whole or in part as

398-18   may be deemed proper and the sale shall be conducted at the court

398-19   house door of the county where the oil and/or products are located

398-20   and shall conform in all respects to the sale of personal property

398-21   as aforesaid.  The money realized from the sale of any such

398-22   unlawful oil and/or products shall be applied, first, to the

398-23   payment of the costs of suit and expenses incident to the sale of

398-24   such oil and/or products, then the court may allow compensation to

398-25   any person for expenses incurred in the storage of such unlawful

398-26   oil and/or products; provided that in no event shall such

398-27   compensation exceed one-half of the money received from the sale of

 399-1   the unlawful oil and/or products, and after such expenses have been

 399-2   approved and allowed by the court trying the case, all funds then

 399-3   remaining, shall be remitted forthwith to the Comptroller [State

 399-4   Treasurer] and shall be by the Comptroller [Treasurer] placed to

 399-5   the credit of the General Revenue Fund of the State of Texas.

 399-6         SECTION 21.59.  Sections 14 and 15, Chapter 416, Acts of the

 399-7   51st Legislature, Regular Session, 1949 (Article 6077o, Vernon's

 399-8   Texas Civil Statutes), are amended to read as follows:

 399-9         Sec. 14.  FILING PAPERS; PAYMENTS; APPROPRIATION AND

399-10   EXPENDITURE.  All surveys, files, records, copies of sale and lease

399-11   contracts and all other records pertaining to the sales and leases

399-12   hereby authorized on State Park Land under the control of State

399-13   Parks Board, shall be filed in the General Land Office and

399-14   constitute archives thereof.  Payment hereunder shall be made to

399-15   the Commissioner of the General Land Office at Austin, Texas, who

399-16   shall transmit to the Comptroller [State Treasurer] all bonus

399-17   payments and royalty for deposit to the credit of the State Park

399-18   Development Fund, and all rentals for delay in drilling and all

399-19   other payments, including all filing assignments and relinquishment

399-20   fees hereunder to the credit of the State Park Development Fund.

399-21   All moneys or sums so deposited to the State Park Development Fund

399-22   shall be appropriated and expended by the Legislature for the

399-23   development, improvement and maintenance of State Parks.

399-24         Sec. 15.  PAYMENT OF EXPENSES.  The expenses of executing the

399-25   provisions of this Act shall be paid monthly by warrants drawn by

399-26   the Comptroller on the State Treasury [Treasurer], and for that

399-27   purpose the sum of Two Thousand Dollars ($2,000), or as much

 400-1   thereof as may be necessary is hereby appropriated out of any money

 400-2   in the Treasury not otherwise appropriated until September 1, 1951.

 400-3         SECTION 21.60.  Section 3, Article 6145-11b, Revised

 400-4   Statutes, is amended to read as follows:

 400-5         Sec. 3.  As amounts from licensing fees, royalties, and the

 400-6   sale of medallions designated as lone stars by the Texas 1986

 400-7   Sesquicentennial Commission are deposited in the fund:

 400-8               (1)  the Comptroller [State Treasurer] shall allocate

 400-9   the amounts equally between an account in the fund that may be used

400-10   only by the Texas Tourist Development Agency and an account in the

400-11   fund that may be used only by the Texas Commission on the Arts,

400-12   until the account of the Texas Commission on the Arts has received

400-13   $1,261,244; and

400-14               (2)  after the account for the Texas Commission on the

400-15   Arts has received $1,261,244, the Comptroller [State Treasurer]

400-16   shall allocate the amounts only to the account of the Texas Tourist

400-17   Development Agency until that account has received $2,291,996; and

400-18               (3)  after the account for the Texas Tourist

400-19   Development Agency has received $2,291,996, the Comptroller [State

400-20   Treasurer] shall allocate the amounts equally among the account of

400-21   the Texas Tourist Development Agency, the account of the Texas

400-22   Commission on the Arts, and an account in the fund that may be used

400-23   only by the Texas 1986 Sesquicentennial Commission, until the

400-24   account of the Texas Commission on the Arts has received a total of

400-25   $7,095,846 from amounts allocated under this subsection and

400-26   Subdivision (1) of this section;

400-27               (4)  after the account for the Texas Commission on the

 401-1   Arts has received a total of $7,095,846 from amounts allocated

 401-2   under Subdivisions (1) and (3) of this section, the Comptroller

 401-3   [State Treasurer] shall allocate the amounts equally between the

 401-4   accounts of the Texas Tourist Development Agency and the Texas 1986

 401-5   Sesquicentennial Commission until the account of the Texas 1986

 401-6   Sesquicentennial Commission has received a total of $10,000,000

 401-7   from amounts allocated under this subdivision and Subdivision (3)

 401-8   of this section or until January 31, 1987, whichever shall first

 401-9   occur.

401-10               (5)  after the Texas 1986 Sesquicentennial Commission

401-11   has received a total of $10,000,000 from the amounts allocated

401-12   under Subdivisions (3) and (4) of this section, the Comptroller

401-13   [State Treasurer] shall allocate the amounts only to the account of

401-14   the Texas Tourist Development Agency until the account of the Texas

401-15   Tourist Development Agency has received a total of $15,145,604; and

401-16               (6)  after the Texas Tourist Development Agency has

401-17   received a total of $15,145,604 from amounts allocated under this

401-18   section, the Comptroller [State Treasurer] shall allocate the

401-19   amounts only to the account of the State Preservation Board.

401-20         SECTION 21.61.  Section 5(b), Chapter 809, Acts of the 74th

401-21   Legislature, Regular Session, 1995 (Article 6145-15, Vernon's Texas

401-22   Civil Statutes), is amended to read as follows:

401-23         (b)  On the date on which the commission files its final

401-24   report with the secretary of state, the commission shall deliver to

401-25   the comptroller [state treasurer] all unexpended and unobligated

401-26   money that the commission possesses.  The comptroller [treasurer]

401-27   shall deposit the money in the state treasury to the credit of the

 402-1   general revenue fund.

 402-2         SECTION 21.62.  Article 6215, Revised Statutes, is amended to

 402-3   read as follows:

 402-4         Art. 6215.  PAYMENTS; AFFIDAVIT; WARRANT.  The payment of

 402-5   such pension shall be made on the first day of each calendar month

 402-6   to all pensioners whose application for pensions shall have been

 402-7   duly approved as provided by law by warrant drawn by the

 402-8   Comptroller on the State Treasury [Treasurer], to be paid out of

 402-9   the money appropriated for that purpose as provided by law.

402-10         Such warrant shall be transmitted by mail to the payee

402-11   thereof at his or her last known address.  It shall be unlawful for

402-12   any postmaster, delivery clerk, letter carrier or other postal

402-13   employee to deliver any such mail to any person whomsoever if the

402-14   addressee is known to have died or removed or, in the case of a

402-15   widow, if known to have remarried; and it shall be unlawful for any

402-16   person or persons to open any such mail addressed to any such

402-17   addressee who has died or removed, or to any such widow who has

402-18   remarried, or to convert such warrant into cash; but in every such

402-19   case such mail shall forthwith be returned to the Comptroller at

402-20   Austin, Texas, with a statement of the reasons for so doing and if,

402-21   because of death or remarriage, the date thereof, if known, and all

402-22   such warrants so returned to the Comptroller shall be cancelled.

402-23   In the event a veteran is receiving the pension allowed under this

402-24   Act to a married veteran, and his wife dies, it shall be his duty

402-25   to immediately report such death to the Comptroller and he shall

402-26   not thereafter present any pension warrant for payment when the

402-27   amount of the same is intended for a married veteran, but shall

 403-1   immediately return the same to the Comptroller.

 403-2         Any person who shall knowingly violate the provisions of this

 403-3   Article shall be guilty of a felony and, on conviction, shall be

 403-4   punished by fine of not less than One Hundred Dollars ($100.00) or

 403-5   by imprisonment in the county jail for not less than three months,

 403-6   or by imprisonment in the penitentiary for not less than one (1)

 403-7   year.

 403-8         SECTION 21.63.  Sections 1 and 2, Chapter 479, Acts of the

 403-9   44th Legislature, 3rd Called Session, 1936 (Article 6243-22,

403-10   Vernon's Texas Civil Statutes), are amended to read as follows:

403-11         Sec. 1.  LIQUIDATION OF CERTAIN UNITED STATES OBLIGATIONS;

403-12   REDEPOSIT.  The Comptroller [Treasurer] of the State of Texas is

403-13   empowered and directed to immediately sell and liquidate any and

403-14   all bonds or interest bearing obligations of the United States or

403-15   obligations guaranteed as to both principal and interest by the

403-16   United States that have been deposited in the Permanent Old Age

403-17   Pension Fund and the gross proceeds from such sale and liquidation

403-18   shall be immediately redeposited in the Permanent Old Age Pension

403-19   Fund.

403-20         Sec. 2.  TRANSFER TO TEXAS OLD AGE ASSISTANCE FUND.  It is

403-21   further provided that there is hereby appropriated and transferred

403-22   all monies, choses in action, funds and things of value now a part

403-23   of and accumulated in the Permanent Old Age Pension Fund into the

403-24   Texas Old Age Assistance Fund to be used by the Old Age Assistance

403-25   Commission for the sole purpose of paying Old Age Assistance Grants

403-26   to applicants whose applications have been and may be approved and

403-27   allowed; and be it further provided that no portion of said money

 404-1   shall be expended for administrative purposes; and be it further

 404-2   provided that the comptroller [State Treasurer] and all other

 404-3   accounting officers in the State are hereby authorized and directed

 404-4   to take such action as may be necessary to effectuate this

 404-5   appropriation and transfer.

 404-6         SECTION 21.64.  Section 2, Chapter 496, Acts of the 44th

 404-7   Legislature, 3rd Called Session, 1936 (Article 6243-23, Vernon's

 404-8   Texas Civil Statutes), is amended to read as follows:

 404-9         Sec. 2.  The form and method of issuing such warrants and of

404-10   paying the interest thereon as herein authorized shall be

404-11   prescribed by the Texas Old Age Assistance Commission.  The

404-12   Comptroller is [and the Treasurer are] authorized and directed to

404-13   perform such duties as are required [of them] under authority of

404-14   this Act to accomplish its purpose.

404-15         SECTION 21.65.  Sections 2, 6, and 7, Chapter 1, page 536,

404-16   General Laws, Acts of the 46th Legislature, 1939 (Article 6243-24,

404-17   Vernon's Texas Civil Statutes), are amended to read as follows:

404-18         Sec. 2.  The form and method of issuing such warrants and of

404-19   paying the interest thereon as herein authorized shall be

404-20   prescribed by the Texas Old Age Assistance Commission.  The

404-21   Comptroller is [and the Treasurer are] authorized and directed to

404-22   perform such duties as are required [of them] under the authority

404-23   of this Act to accomplish its purpose.

404-24         Sec. 6.  a.  It is provided that the Comptroller [Treasurer]

404-25   of the State of Texas shall call all warrants now outstanding that

404-26   have heretofore been issued under the authority and provisions of

404-27   Chapter 496, Page 2084, Acts 1936, Forty-fourth Legislature, Third

 405-1   Called Session, and he is directed and authorized to pay said

 405-2   warrants, together with interest thereon, out of the Texas Old Age

 405-3   Assistance Fund, according to the following schedule:

 405-4         On October 10, 1939, warrants in the amount of One Hundred

 405-5   Thirty Thousand, Nine Hundred and Eighty-seven Dollars ($130,987)

 405-6   shall be called and paid by the Comptroller [Treasurer], together

 405-7   with interest thereon, and on the 10th day of each month

 405-8   thereafter, the Comptroller [Treasurer] is directed and authorized

 405-9   to call and pay the remaining outstanding warrants in the amount of

405-10   Two Hundred Thousand Dollars ($200,000) per month, together with

405-11   interest thereon, until such time as all outstanding warrants

405-12   hereinabove referred to shall be called and paid in full, and there

405-13   is hereby appropriated out of funds allocated in present and/or

405-14   future laws to the Old Age Assistance Fund a sum sufficient to pay

405-15   said obligations and the interest thereon.

405-16         b.  The Comptroller [Treasurer] of the State of Texas is

405-17   directed and authorized to call and pay all warrants that might

405-18   hereafter be issued under and by virtue of the provisions of this

405-19   Act in approximate equal monthly installments on the 10th day of

405-20   the months May, 1940, to September, 1940, both inclusive, together

405-21   with interest thereon, out of the Texas Old Age Assistance Fund,

405-22   and there is hereby appropriated out of funds allocated in present

405-23   and/or future laws to the Old Age Assistance Fund a sum sufficient

405-24   to pay said obligations and the interest thereon.

405-25         Sec. 7.  (1)  The Old Age Assistance Commission be and is

405-26   hereby authorized and directed to offer to and deliver to the

405-27   holder, or holders, of the warrants which may be issued under the

 406-1   provisions of this Act and of the warrants heretofore issued for

 406-2   Old Age Assistance under authority of Chapter 496, Page 2084, Acts

 406-3   1936, Forty-fourth Legislature, Third Called Session, and now

 406-4   outstanding, the State's obligation in the same principal amount,

 406-5   or amounts, in such forms and denominations as shall be determined

 406-6   by such Commission, approved by the Attorney General, and

 406-7   acceptable to such holder, or holders, bearing interest at not to

 406-8   exceed one and six-tenths (1.6) per cent per annum or not to exceed

 406-9   the rate of interest which shall be paid on or on account of the

406-10   warrants which may be issued under the terms of this Act, whichever

406-11   rate is the lower.  Said obligations shall bear dates to be fixed

406-12   by the Commission and shall mature exactly according to the

406-13   schedules set out in Section 6 hereof.

406-14         (2)  Upon exchange of the original warrants for the

406-15   obligations authorized hereunder the Comptroller [State Treasurer]

406-16   shall retain in his possession in escrow as trustee said original

406-17   warrants until the obligations herein authorized are paid in full.

406-18   And the holder, or holders, of such obligations, in addition to all

406-19   other rights, shall be subrogated to the rights of the holders of

406-20   such original warrants.  Upon payment of such obligations said

406-21   original warrants shall be cancelled by the Comptroller [State

406-22   Treasurer].  There is hereby appropriated out of funds allocated in

406-23   present and/or future laws to the Old Age Assistance Fund a sum

406-24   sufficient to pay said obligations and the interest thereon.

406-25         (3)  Interest on such original warrants shall be paid in

406-26   accordance with the contract or contracts under which they were

406-27   issued up to the date of the exchange for the obligations

 407-1   authorized herein.

 407-2         (4)  Such obligations to be substituted therefor shall be

 407-3   eligible to secure deposits of all funds of the State of Texas, and

 407-4   of counties, cities, districts, and political subdivisions of and

 407-5   in the State of Texas on the basis of one dollar principal amount

 407-6   of such obligations for each dollar of deposited funds.

 407-7         (5)  The Governor, [State Treasurer,] Attorney General, Texas

 407-8   Old Age Assistance Commission, Comptroller of Public Accounts, and

 407-9   the Secretary of State are hereby directed to do any and all things

407-10   necessary to accomplish the purposes of this Section.

407-11         (6)  When such obligations shall have been issued in

407-12   accordance with a resolution adopted by the Texas Old Age

407-13   Assistance Commission and shall have been approved by the Attorney

407-14   General, they shall be incontestable and the full faith and credit

407-15   of the State shall be pledged to their payment.

407-16         SECTION 21.66.  Section 5(k), The Real Estate License Act

407-17   (Article 6573a, Vernon's Texas Civil Statutes), is amended to read

407-18   as follows:

407-19         (k)  Except as provided in Subsections (l) and (m) of this

407-20   section, all money derived from fees, assessments, or charges under

407-21   this Act, shall be paid by the commission into the State Treasury

407-22   for safekeeping, and shall be placed by the Comptroller [State

407-23   Treasurer] in a separate fund to be available for the use of the

407-24   commission in the administration of this Act on requisition by the

407-25   commission.  A necessary amount of the money so paid into the State

407-26   Treasury is hereby specifically appropriated to the commission for

407-27   the purpose of paying the salaries and expenses necessary and

 408-1   proper for the administration of this Act, including equipment and

 408-2   maintenance of supplies for the offices or quarters occupied by the

 408-3   commission, and necessary travel expenses for the commission or

 408-4   persons authorized to act for it when performing duties under this

 408-5   Act. The comptroller shall, on requisition of the commission, draw

 408-6   warrants from time to time on the State Treasury [Treasurer] for

 408-7   the amount specified in the requisition, not exceeding, however,

 408-8   the amount in the fund at the time of making a requisition.

 408-9   However, all money expended in the administration of this Act shall

408-10   be specified and determined by itemized appropriation in the

408-11   general departmental appropriation bill for the Texas Real Estate

408-12   Commission, and not otherwise.  The commission shall file annually

408-13   with the governor and the presiding officer of each house of the

408-14   legislature a complete and detailed written report accounting for

408-15   all funds received and disbursed by the commission during the

408-16   preceding fiscal year.  The annual report must be in the form and

408-17   reported in the time provided by the General Appropriations Act.

408-18         SECTION 21.67.  Section 7(e), Article 6675d, Revised

408-19   Statutes, is amended to read as follows:

408-20         (e)  A municipality shall send the proceeds of all fines that

408-21   exceed the limit imposed by Subsection (d) of this section to the

408-22   comptroller [state treasurer] for deposit in the general revenue

408-23   fund.

408-24         SECTION 21.68.  Section 15, Vehicle Storage Facility Act

408-25   (Article 6687-9a, Revised Statutes), is amended to read as follows:

408-26         Sec. 15.  USE OF FEES.  The commission shall remit all fees

408-27   collected under this article to the Comptroller [State Treasurer]

 409-1   for deposit in the State Treasury to the credit of the general

 409-2   revenue fund.

 409-3         SECTION 21.69.  Section 27(a), Chapter 65, Acts of the 41st

 409-4   Legislature, 1st Called Session, 1929 (Article 8407a, Vernon's

 409-5   Texas Civil Statutes), is amended to read as follows:

 409-6         (a)  The State Board of Barber Examiners shall select an

 409-7   executive director and such other employees, as may be necessary,

 409-8   to carry out the provisions of this Act and provide for the

 409-9   compensation of the executive director and other employees.  Said

409-10   Board shall maintain its office in the City of Austin, Texas, and

409-11   shall adopt rules and regulations for the transaction of the

409-12   business herein provided for, including a common seal for the

409-13   authentication of its orders, certificates and records.  The

409-14   executive director shall keep a record of all proceedings of the

409-15   Board and shall be the custodian of all such records and shall

409-16   receive and receipt for all money collected by the Board.  All

409-17   money so received shall be immediately deposited with the

409-18   Comptroller [State Treasurer], who shall credit same to a special

409-19   fund to be known as "State Board of Barber Examiners Fund," which

409-20   money shall be drawn from said special fund upon claims made

409-21   therefor by the Board to the Comptroller; and if found correct, to

409-22   be approved by him and vouchers issued therefor, and [countersigned

409-23   and] paid by the Comptroller [State Treasurer], which special fund

409-24   is for the purpose of carrying out all the provisions of this Act.

409-25   The Board shall file annually with the governor and the presiding

409-26   officer of each house of the legislature a complete and detailed

409-27   written report accounting for all funds received and disbursed by

 410-1   the Board during the preceding fiscal year.  The annual report must

 410-2   be in the form and reported in the time provided by the General

 410-3   Appropriations Act. The financial transactions of the Board are

 410-4   subject to audit by the state auditor in accordance with Chapter

 410-5   321, Government Code.

 410-6         SECTION 21.70.  Section 8(a), Chapter 1036, Acts of the 62nd

 410-7   Legislature, Regular Session, 1971 (Article 8451a, Vernon's Texas

 410-8   Civil Statutes), is amended to read as follows:

 410-9         (a)  The executive director shall remit, on or before the

410-10   10th day of each month, to the comptroller [state treasurer] all

410-11   fees collected under this Act during the preceding month for

410-12   deposit in the General Revenue Fund.

410-13         SECTION 21.71.  Section 21A(d), Chapter 1036, Acts of the

410-14   62nd Legislature, Regular Session, 1971 (Article 8451a, Vernon's

410-15   Texas Civil Statutes), is amended to read as follows:

410-16         (d)  The comptroller [state treasurer] shall invest the fund

410-17   in the same manner as other state funds.  Sufficient funds from the

410-18   tuition protection fund shall be appropriated to the commission for

410-19   the purpose outlined in this section.  The commission shall

410-20   administer claims made against the fund.

410-21         SECTION 21.72.  Section 5A(a), Chapter 320, Acts of the 64th

410-22   Legislature, Regular Session, 1975 (Article 8700, Vernon's Texas

410-23   Civil Statutes), is amended to read as follows:

410-24         (a)  The auctioneer education and recovery fund is

410-25   established as a special trust fund with the comptroller [state

410-26   treasurer] administered by the department, without appropriation,

410-27   for the payment of claims against auctioneers licensed under this

 411-1   Act.

 411-2         SECTION 21.73.  Subdivision (2), Article 8805, Revised

 411-3   Statutes, is amended to read as follows:

 411-4         (2)  Before any restraining order or injunction shall be

 411-5   granted against the Comptroller to restrain or enjoin the

 411-6   collection of the taxes levied herein the applicant therefor shall

 411-7   pay into the suspense account of the State Treasury all taxes,

 411-8   fees, and assessments then due by him to the State and the

 411-9   application for restraining order or injunction shall reflect said

411-10   fact of payment under oath of the applicant, his agent, or

411-11   attorney.  Provided that said applicant shall keep for the

411-12   inspection at all times of the Attorney General and the Comptroller

411-13   or their authorized representatives, a complete, itemized record

411-14   maintained in accordance with generally accepted auditing and

411-15   accounting practices, showing all coin-operated vending machines

411-16   possessed and in operation during the pendency of such restraining

411-17   order or injunction.  Such record shall show the make and kind of

411-18   machine, the serial number, the date such machine was put in

411-19   operation, and the location and serial number of each and every

411-20   machine possessed or operated within the State.  Provided further

411-21   that said applicant shall make and file with the Comptroller daily,

411-22   excluding Sundays and legal holidays, a report on a form to be

411-23   prescribed by the Comptroller, showing the ownership, make and

411-24   kind, and the serial number of every such machine operated by said

411-25   applicant within this State.  Said report shall also show the

411-26   county, city, and location within the city and county of each

411-27   machine and the date such machine was placed in operation.  In the

 412-1   event the location or ownership of any machine is changed such

 412-2   information shall be included in said report.  Said application and

 412-3   temporary injunction or restraining order shall be immediately

 412-4   dismissed and dissolved after hearing if said applicant fails, at

 412-5   any time before the case shall have been finally disposed of by the

 412-6   court of last resort, to keep the records or make and file the

 412-7   reports required herein or to pay daily, excluding Sundays and

 412-8   legal holidays, into the suspense account of the Comptroller

 412-9   [Treasurer] all taxes, fees and assessments due and thereafter

412-10   becoming due, and such taxes shall be paid before such machines are

412-11   operated, exhibited or displayed for operation within this State.

412-12   The Comptroller, or an authorized representative of the

412-13   Comptroller, may file in the court granting such injunction an

412-14   affidavit that said applicant has failed to comply with the

412-15   provisions of this Chapter or has violated the same.  Upon the

412-16   filing of said affidavit, the clerk of said court shall issue

412-17   notice to the said applicant to appear before such court upon the

412-18   date named therein, which shall be within five (5) days from

412-19   service of such notice or as soon thereafter as the court can hear

412-20   the same, to show cause why such injunction should not be

412-21   dismissed, which notice shall be served by the sheriff of the

412-22   county in which applicant resides or any other peace officer in

412-23   this State.  In the event the injunction is finally dissolved or

412-24   dismissed, all taxes, fees and assessments, paid into the suspense

412-25   account of the Comptroller [Treasurer] under the provisions of this

412-26   Chapter shall be paid to the funds to which such taxes, fees and

412-27   assessments are allocated.  If the final judgment maintains the

 413-1   right of applicant to a permanent injunction to prevent the

 413-2   collection of such taxes the funds so deposited shall be refunded

 413-3   by the Comptroller [Treasurer] to said applicant.

 413-4         SECTION 21.74.  Section 8(a), The Property Taxation

 413-5   Professional Certification Act (Article 8885, Revised Statutes), is

 413-6   amended to read as follows:

 413-7         (a)  The board shall receive and account for all money

 413-8   derived under the provisions of this Act and shall pay it to the

 413-9   Comptroller [State Treasurer].  The Comptroller [State Treasurer]

413-10   shall designate a separate fund to be known as the "Assessors

413-11   Registration Fund," which may be used only by the board for the

413-12   purpose of administering this Act.

413-13            ARTICLE 22.  PURPOSE; ABOLISHED FUNDS; EMERGENCY

413-14         SECTION 22.01.  The purpose of this Act is to conform the

413-15   statutes to reflect the abolishment of the office of state

413-16   treasurer.

413-17         SECTION 22.02.  (a)  This Act does not revive a fund or

413-18   account that was abolished or consolidated in accordance with

413-19   Section 403.094, Government Code, as added by Chapter 4, Acts of

413-20   the 72nd Legislature, 1st Called Session, 1991, or in accordance

413-21   with other law.

413-22         (b)  This Act does not revive a dedication of money for a

413-23   particular purpose that was abolished in accordance with Section

413-24   403.094, Government Code, as added by Chapter 4, Acts of the 72nd

413-25   Legislature, 1st Called Session, 1991, or in accordance with other

413-26   law.

413-27         SECTION 22.03.  This Act takes effect September 1, 1997.

 414-1         SECTION 22.04.  The importance of this legislation and the

 414-2   crowded condition of the calendars in both houses create an

 414-3   emergency and an imperative public necessity that the

 414-4   constitutional rule requiring bills to be read on three several

 414-5   days in each house be suspended, and this rule is hereby suspended.