1-1     By:  Averitt (Senate Sponsor - Lindsay)               H.B. No. 1810
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Committee on
 1-4     Finance; May 12, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 10, Nays 0; May 12, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1810                 By:  Lindsay
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the deposit and investment of funds by the comptroller
1-11     of public accounts.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 404.0212(d), Government Code, is amended
1-14     to read as follows:
1-15           (d)  The comptroller may not select as a depository a
1-16     regulated financial institution for which the entire institution
1-17     [that] has been assigned a rating below "outstanding record of
1-18     meeting community credit needs" or "satisfactory record of meeting
1-19     community credit needs" under 12 U.S.C. Section 2906.  However, the
1-20     comptroller shall establish criteria to determine whether a
1-21     financial institution doing business in this state and other states
1-22     has a satisfactory record of meeting community credit needs in this
1-23     state.
1-24           SECTION 2.  Section 404.022, Government Code, is amended to
1-25     read as follows:
1-26           Sec. 404.022.  APPLICATIONS.  (a)  The comptroller, not later
1-27     than the first business day [on the second Tuesday] in June of each
1-28     odd-numbered year, shall mail to each eligible institution a letter
1-29     stating the conditions with which applicants for designation as a
1-30     state depository must comply.  The comptroller shall keep on file
1-31     in the comptroller's office and make available for inspection by
1-32     any person a list of institutions to which letters have been sent.
1-33           (b)  The application for designation as a state depository
1-34     must include a statement:
1-35                 (1)  of the amount of the applicant's paid capital
1-36     stock and permanent surplus, if any[, or if the applicant is a
1-37     private bank, the amount of net proprietorship];
1-38                 (2)  of the maximum amount of state time deposits
1-39     [funds] the applicant will accept;
1-40                 (3)  of the applicant's condition according to the most
1-41     recent financial statement on the date the application is
1-42     submitted; and
1-43                 (4)  that the books and accounts of the institution, if
1-44     it is designated as a state depository, will be open at all times
1-45     for inspection by the comptroller or a representative of the
1-46     comptroller.
1-47           (c)  An application shall be mailed to the comptroller at
1-48     Austin and must be received before noon on [of] the first business
1-49     day of August of the year in which the letter is sent.  An
1-50     application received after that time may be considered at the
1-51     option of the comptroller.  The comptroller may [shall] charge a
1-52     processing fee of $25 for each application and shall deposit the
1-53     fees to the credit of the general revenue fund.
1-54           (d)  On receipt of an application under this section, the
1-55     comptroller shall endorse on the application the date of its
1-56     receipt.  The comptroller shall prepare a list of the names of the
1-57     applicants and the amount for which each has applied.
1-58           (e)  The comptroller may approve those applicants that are
1-59     acceptable and may reject those whose management or condition, in
1-60     the opinion of the comptroller, does not warrant the placing of
1-61     state funds in their possession.  [An application for state funds
1-62     may not be granted if the applicant's liabilities for borrowed
1-63     money are in excess of its capital stock, but the comptroller may
1-64     in its discretion waive this provision.]
 2-1           (f)  [The comptroller may designate an applicant as a state
 2-2     depository if the applicant has complied with all of the conditions
 2-3     set by the comptroller.]  The designation as a state depository is
 2-4     effective for a period of not more than two years.
 2-5           (g)  As soon as practicable after the comptroller has made
 2-6     its designations, the comptroller shall inform [all] applicants
 2-7     whether they have been designated as state depositories.
 2-8           (h)  [If more depositories are required at any time, the
 2-9     comptroller may send to all eligible institutions notice that
2-10     further applications for designation as a state depository for the
2-11     unexpired term will be accepted.]
2-12           [(i)]  The comptroller may execute a simplified version of a
2-13     depository agreement with an eligible institution desiring to hold
2-14     $98,000 or less in state deposits that are fully insured by the
2-15     Federal Deposit Insurance Corporation or the National Credit Union
2-16     Share Insurance Fund.
2-17           SECTION 3.  Section 404.023, Government Code, is amended to
2-18     read as follows:
2-19           Sec. 404.023.  DESIGNATION.  The comptroller shall designate
2-20     one or more state depository banks that have main offices or
2-21     branches in centrally located cities in this state to be used for
2-22     clearing checks and other obligations due the state.
2-23           SECTION 4.  Section 404.024, Government Code, is amended by
2-24     amending Subsection (g) and adding Subsections (j) and (k) to read
2-25     as follows:
2-26           (g)  To the extent practicable, the comptroller shall give
2-27     first consideration to [Texas] banks that maintain main offices or
2-28     branch offices in this state when investing in direct security
2-29     repurchase agreements.
2-30           (j)  If the comptroller is required by law to invest funds
2-31     other than as provided by this section, and if other law does not
2-32     establish a conflicting standard governing that investment, the
2-33     comptroller shall invest those funds under the restrictions and
2-34     procedures for making the investments that persons of ordinary
2-35     prudence, discretion, and intelligence, exercising the judgment and
2-36     care under the prevailing circumstances, would follow in the
2-37     management of their own affairs, not in regard to speculation but
2-38     in regard to the permanent disposition of their funds, considering
2-39     the probable income as well as the probable safety of their
2-40     capital.
2-41           (k)  The comptroller may contract with private professional
2-42     investment managers to assist the comptroller in investing funds
2-43     under the care, custody, and control of the comptroller.
2-44           SECTION 5.  Sections 404.031(a) and (f), Government Code, are
2-45     amended to read as follows:
2-46           (a)  The comptroller may deposit state funds with a
2-47     depository only if the depository has pledged with the comptroller
2-48     eligible investment securities acceptable to the comptroller in an
2-49     amount not less than the amount of deposits to be secured.  The
2-50     comptroller shall determine the market value of securities pledged
2-51     to secure state funds for the purpose of determining the adequacy
2-52     of the amount of collateral.  The comptroller's valuation of the
2-53     securities is final and not subject to review.
2-54           (f)  Instead of depositing pledged securities with the
2-55     comptroller, a state depository may deposit pledged securities with
2-56     a federal reserve bank or a federal home loan bank [the Federal
2-57     Reserve Bank of Dallas or the Federal Home Loan Bank of Dallas].
2-58     The securities shall be held by the bank to secure funds deposited
2-59     by the comptroller in the state depository pledging the securities.
2-60     When the pledged securities are deposited, the bank may apply book
2-61     entry to the securities.  The records of the bank shall at all
2-62     times reflect the name of the state depository depositing the
2-63     pledged securities, and the bank shall issue an advice of
2-64     transaction to the comptroller and the state depository pledging
2-65     the securities.
2-66           SECTION 6.  This Act takes effect September 1, 1999.
2-67           SECTION 7.  The importance of this legislation and the
2-68     crowded condition of the calendars in both houses create an
2-69     emergency and an imperative public necessity that the
 3-1     constitutional rule requiring bills to be read on three several
 3-2     days in each house be suspended, and this rule is hereby suspended.
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