AN ACT
1-1 relating to investing in the Texas tomorrow fund.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 142.004, Property Code, is amended by
1-4 amending Subsection (a) and adding Subsection (e) to read as
1-5 follows:
1-6 (a) In a suit in which a minor or incapacitated person who
1-7 has no legal guardian is represented by a next friend, any money
1-8 recovered by the plaintiff, if not otherwise managed under this
1-9 chapter, may be invested:
1-10 (1) by the next friend in:
1-11 (A) the Texas tomorrow fund established by
1-12 Subchapter F, Chapter 54, Education Code; or
1-13 (B) interest-bearing time deposits in a
1-14 financial institution doing business in this state and insured by
1-15 the F.D.I.C.; or
1-16 (2) by the clerk of the court, on written order of the
1-17 court of proper jurisdiction, in:
1-18 (A) interest-bearing deposits in a financial
1-19 institution doing business in this state that is insured by the
1-20 Federal Deposit Insurance Corporation;
1-21 (B) United States treasury bills;
1-22 (C) an eligible interlocal investment pool that
1-23 meets the requirements of Sections 2256.016, 2256.017, and
1-24 2256.019, Government Code; [or]
2-1 (D) a no-load money market mutual fund, if the
2-2 fund:
2-3 (i) is regulated by the Securities and
2-4 Exchange Commission;
2-5 (ii) has a dollar weighted average stated
2-6 maturity of 90 days or fewer; and
2-7 (iii) includes in its investment
2-8 objectives the maintenance of a stable net asset value of $1 for
2-9 each share; or
2-10 (E) the Texas tomorrow fund established by
2-11 Subchapter F, Chapter 54, Education Code.
2-12 (e) If money is invested under Subsection (a)(2)(E), the
2-13 court may waive any bonding requirement.
2-14 SECTION 2. Section 868, Texas Probate Code, is amended by
2-15 adding Subsection (f) to read as follows:
2-16 (f) If the trustee determines that it is in the best
2-17 interest of the ward, the trustee may invest funds of the trust in
2-18 the Texas tomorrow fund established by Subchapter F, Chapter 54,
2-19 Education Code.
2-20 SECTION 3. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended,
2-25 and that this Act take effect and be in force from and after its
2-26 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 112 passed the Senate on
March 2, 1999, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on April 30, 1999, by the
following vote: Yeas 29, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 112 passed the House, with
amendment, on April 16, 1999, by the following vote: Yeas 136,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor