SRC-SEW S.B. 982 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 982
77R2253 JRD-DBy: Duncan
Finance
3/20/2001
As Filed


DIGEST AND PURPOSE 

Currently, all agencies that invest state funds have in place ethics
guidelines and financial disclosure requirements for board members and
staff involved in the investment decision-making process.  The investment
policies and disclosure requirements, however, vary from one agency to
another.  As proposed, S.B. 982 proposes a minimum set of ethics guidelines
and financial disclosure requirements for any agency investing state funds. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the governing body of a state
governmental entity that manages or invests state funds in SECTION 1
(Section 2262.005 and Section 2262.006. Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 10F, Government Code, by adding Chapter 2262, as
follows: 

CHAPTER 2262. ETHICS REQUIREMENTS FOR MANAGING 
OR INVESTING STATE FUNDS

Sec. 2262.001.  APPLICABILITY; CONSTRUCTION WITH OTHER LAW.  Provides that
this chapter applies in connection with the management or investment of any
state fund managed or invested under certain stated conditions.  Provides
that, to the extent of a conflict between this chapter and another law, the
law that imposes a stricter ethics requirement controls. 

Sec. 2262.002.  ETHICS REQUIREMENTS.  Requires that, in addition to any
other requirements provided by law, the governing body of a state
governmental entity that manages or invests state funds enforce an ethics
policy as provided by this chapter for certain persons. 

Sec. 2262.003.  ETHICS REQUIREMENTS FOR EMPLOYEES; FINANCIAL DISCLOSURE
STATEMENT.  (a) Requires each employee of a state governmental entity who
exercises significant decision-making or fiduciary authority in connection
with the management or investment of state funds, as determined by the
governing body of the entity, to file a financial disclosure statement with
a person designated by the governing body. 

(b) Requires the content of the financial disclosure statement to
substantially comply with the requirements of Chapter 572B (Personal
Financial Statement).   

(c) Requires the employee to file financial personal statements according
to a certain schedule.  Authorizes the filing deadline to be postponed by
certain persons and for certain reasons. 

(d) Requires the state governmental entity to maintain a financial
disclosure statement  for at least five years after the date of its filing.

Sec. 2262.004.  ETHICS REQUIREMENT FOR EMPLOYEES: DISCLOSURE OF CERTAIN
RELATIONSHIPS.  (a) Requires an employee of a state governmental entity who
has a certain business or commercial relationship to disclose the
relationship in writing to a person designated by the governing body. 

(b) Prohibits an employee who files a disclosure statement under Subsection
(a) from giving advice or making decisions about certain matters unless the
governing body, after consultation with the general counsel of the state
governmental entity, expressly waives this prohibition.  Requires the state
governmental entity to maintain a written record of each waiver and the
reasons for it. 

(c) Authorizes the governing body to delegate the authority to waive
prohibitions under Subsection (b) to one or more designated employees or
officers.  Authorizes the governing body to adopt criteria for designated
employees to use to determine the kinds of relationships that do not
constitute a material conflict of interests for purposes of Subsection (b).
Authorizes a multimember governing body to delegate this authority only by
a certain stated process. 

Sec. 2262.005.  ETHICS REQUIREMENTS FOR CONSULTANTS AND ADVISORS. (a)
Requires the governing body by rule to adopt standards of conduct
applicable to consultants and advisors who advise the state governmental
entity in connection with the management or investment of state funds and
who meet certain other requirements. 

(b) Requires a consultant or advisor who advises a state governmental
entity in connection with the management or investment of state funds to
disclose in writing to the administrative head of the entity any
relationship the consultant or advisor has with any party to a transaction
with the state governmental agency, other than certain types of
relationships, under certain conditions. 

(c) Requires the advisor or consultant to disclose a relationship described
by Subsection (b) without regard to whether the relationship is a direct,
indirect, personal, private, commercial, or business relationship. 

Sec. 2262.006.  DISCLOSURE OF CERTAIN EXPENDITURES BY CONSULTANTS,
ADVISORS, AND BROKERS.  Requires the governing body by rule to require
consultants and advisors who provide investment or funds management advice
to the state governmental entity and brokers who provide financial services
to the state governmental entity to file regularly with the entity a report
detailing certain expenditures. 

Sec. 2262.007.  PUBLIC INFORMATION.  Provides that statements, waivers, and
reports filed under this chapter are public information subject to required
disclosure in accordance with Chapter 552.  Requires the governing body to
designate an employee to be the custodian of the statements, waivers, and
reports for purposes of public disclosure. 

Sec. 2262.008.  FORMS.  Requires the governing body to prescribe certain
forms and waivers. 

SECTION 2.  Requires each state governmental entity required to adopt rules
under Chapter 2262, Government Code, as added by this Act, to adopt its
initial rules in time for the rules to take effect not later than January
1, 2002. 

SECTION 3.  Effective date:  September 1, 2001.