1-1                                   AN ACT
 1-2     relating to the deposit and investment of funds by the comptroller
 1-3     of public accounts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 404.0212(d), Government Code, is amended
 1-6     to read as follows:
 1-7           (d)  The comptroller may not select as a depository a
 1-8     regulated financial institution for which the entire institution
 1-9     [that] has been assigned a rating below "outstanding record of
1-10     meeting community credit needs" or "satisfactory record of meeting
1-11     community credit needs" under 12 U.S.C. Section 2906.  However, the
1-12     comptroller shall establish criteria to determine whether a
1-13     financial institution doing business in this state and other states
1-14     has a satisfactory record of meeting community credit needs in this
1-15     state.
1-16           SECTION 2.  Section 404.022, Government Code, is amended to
1-17     read as follows:
1-18           Sec. 404.022.  APPLICATIONS.  (a)  The comptroller, not later
1-19     than the first business day [on the second Tuesday] in June of each
1-20     odd-numbered year, shall mail to each eligible institution a letter
1-21     stating the conditions with which applicants for designation as a
1-22     state depository must comply.  The comptroller shall keep on file
1-23     in the comptroller's office and make available for inspection by
1-24     any person a list of institutions to which letters have been sent.
 2-1           (b)  The application for designation as a state depository
 2-2     must include a statement:
 2-3                 (1)  of the amount of the applicant's paid capital
 2-4     stock and permanent surplus, if any[, or if the applicant is a
 2-5     private bank, the amount of net proprietorship];
 2-6                 (2)  of the maximum amount of state time deposits
 2-7     [funds] the applicant will accept;
 2-8                 (3)  of the applicant's condition according to the most
 2-9     recent financial statement on the date the application is
2-10     submitted; and
2-11                 (4)  that the books and accounts of the institution, if
2-12     it is designated as a state depository, will be open at all times
2-13     for inspection by the comptroller or a representative of the
2-14     comptroller.
2-15           (c)  An application shall be mailed to the comptroller at
2-16     Austin and must be received before noon on [of] the first business
2-17     day of August of the year in which the letter is sent.  An
2-18     application received after that time may be considered at the
2-19     option of the comptroller.  The comptroller may [shall] charge a
2-20     processing fee of $25 for each application and shall deposit the
2-21     fees to the credit of the general revenue fund.
2-22           (d)  On receipt of an application under this section, the
2-23     comptroller shall endorse on the application the date of its
2-24     receipt.  The comptroller shall prepare a list of the names of the
2-25     applicants and the amount for which each has applied.
2-26           (e)  The comptroller may approve those applicants that are
2-27     acceptable and may reject those whose management or condition, in
 3-1     the opinion of the comptroller, does not warrant the placing of
 3-2     state funds in their possession.  [An application for state funds
 3-3     may not be granted if the applicant's liabilities for borrowed
 3-4     money are in excess of its capital stock, but the comptroller may
 3-5     in its discretion waive this provision.]
 3-6           (f)  [The comptroller may designate an applicant as a state
 3-7     depository if the applicant has complied with all of the conditions
 3-8     set by the comptroller.]  The designation as a state depository is
 3-9     effective for a period of not more than two years.
3-10           (g)  As soon as practicable after the comptroller has made
3-11     its designations, the comptroller shall inform [all] applicants
3-12     whether they have been designated as state depositories.
3-13           (h)  [If more depositories are required at any time, the
3-14     comptroller may send to all eligible institutions notice that
3-15     further applications for designation as a state depository for the
3-16     unexpired term will be accepted.]
3-17           [(i)]  The comptroller may execute a simplified version of a
3-18     depository agreement with an eligible institution desiring to hold
3-19     $98,000 or less in state deposits that are fully insured by the
3-20     Federal Deposit Insurance Corporation or the National Credit Union
3-21     Share Insurance Fund.
3-22           SECTION 3.  Section 404.023, Government Code, is amended to
3-23     read as follows:
3-24           Sec. 404.023.  DESIGNATION.  The comptroller shall designate
3-25     one or more state depository banks that have main offices or
3-26     branches in centrally located cities in this state to be used for
3-27     clearing checks and other obligations due the state.
 4-1           SECTION 4.  Section 404.024, Government Code, is amended by
 4-2     amending Subsection (g) and adding Subsections (j) and (k) to read
 4-3     as follows:
 4-4           (g)  To the extent practicable, the comptroller shall give
 4-5     first consideration to [Texas] banks that maintain main offices or
 4-6     branch offices in this state when investing in direct security
 4-7     repurchase agreements.
 4-8           (j)  If the comptroller is required by law to invest funds
 4-9     other than as provided by this section, and if other law does not
4-10     establish a conflicting standard governing that investment, the
4-11     comptroller shall invest those funds under the restrictions and
4-12     procedures for making the investments that persons of ordinary
4-13     prudence, discretion, and intelligence, exercising the judgment and
4-14     care under the prevailing circumstances, would follow in the
4-15     management of their own affairs, not in regard to speculation but
4-16     in regard to the permanent disposition of their funds, considering
4-17     the probable income as well as the probable safety of their
4-18     capital.
4-19           (k)  The comptroller may contract with private professional
4-20     investment managers to assist the comptroller in investing funds
4-21     under the care, custody, and control of the comptroller.
4-22           SECTION 5.  Sections 404.031(a) and (f), Government Code, are
4-23     amended to read as follows:
4-24           (a)  The comptroller may deposit state funds with a
4-25     depository only if the depository has pledged with the comptroller
4-26     eligible investment securities acceptable to the comptroller in an
4-27     amount not less than the amount of deposits to be secured.  The
 5-1     comptroller shall determine the market value of securities pledged
 5-2     to secure state funds for the purpose of determining the adequacy
 5-3     of the amount of collateral.  The comptroller's valuation of the
 5-4     securities is final and not subject to review.
 5-5           (f)  Instead of depositing pledged securities with the
 5-6     comptroller, a state depository may deposit pledged securities with
 5-7     a federal reserve bank or a federal home loan bank [the Federal
 5-8     Reserve Bank of Dallas or the Federal Home Loan Bank of Dallas].
 5-9     The securities shall be held by the bank to secure funds deposited
5-10     by the comptroller in the state depository pledging the securities.
5-11     When the pledged securities are deposited, the bank may apply book
5-12     entry to the securities.  The records of the bank shall at all
5-13     times reflect the name of the state depository depositing the
5-14     pledged securities, and the bank shall issue an advice of
5-15     transaction to the comptroller and the state depository pledging
5-16     the securities.
5-17           SECTION 6.  This Act takes effect September 1, 1999.
5-18           SECTION 7.  The importance of this legislation and the
5-19     crowded condition of the calendars in both houses create an
5-20     emergency and an imperative public necessity that the
5-21     constitutional rule requiring bills to be read on three several
5-22     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1810 was passed by the House on April
         16, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1810 on May 22, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1810 was passed by the Senate, with
         amendments, on May 20, 1999, by the following vote:  Yeas 30, Nays
         0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor