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A BILL TO BE ENTITLED
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AN ACT
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relating to the amendment of Chapter 2256, Texas Government Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2256, Texas Government Code is amended |
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by amending Subsection 2256.005(b) to read as follows: |
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(b) The investment policies must: |
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(1) be written; |
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(2) primarily emphasize safety of principal and |
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liquidity; |
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(3) address investment diversification, yield, and |
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maturity and the quality and capability of investment management; |
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and |
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(4) include: |
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(A) a list of the types of authorized investments |
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in which the investing entity's funds may be invested; |
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(B) the maximum allowable stated maturity of any |
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individual investment owned by the entity; |
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(C) for pooled fund groups, the maximum |
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dollar-weighted average maturity allowed based on the stated |
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maturity date for the portfolio; |
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(D) methods to monitor the market price of |
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investments acquired with public funds; [and] |
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(E) a requirement for settlement of all |
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transactions, except investment pool funds and mutual funds, on a |
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delivery versus payment basis[.]; and |
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(F) procedures to monitor rating changes in |
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investments acquired with public funds and the liquidation of such |
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investments consistent with the provisions of Section 2256.021. |
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SECTION 2. Chapter 2256, Texas Government Code is amended |
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by adding Subsection 2256.007(e) and (f) to read as follows: |
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(e) For purposes of this section, references to a two-year |
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period shall coincide with the fiscal year of the state. |
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(f) For purposes of this section, an independent source |
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shall mean any organization other than a business organization |
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offering to engage in an investment transaction with an investing |
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entity. |
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SECTION 3. Chapter 2256, Texas Government Code is amended |
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by adding Subsection 2256.008 (f) and (g) to read as follows: |
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(f) For purposes of this section, an independent source |
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shall mean any organization other than a business organization |
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offering to engage in an investment transaction with an investing |
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entity. |
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(g) For purposes of this section, references to a two-year |
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period shall coincide with the fiscal year of the investing entity. |
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SECTION 4. Chapter 2256, Texas Government Code is amended |
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by amending Subsection 2256.009(a)(4) to read as follows: |
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(4) other obligations, the principal and interest of |
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which are unconditionally guaranteed or insured by, or backed by |
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the full faith and credit of, this state or the United States or |
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their respective agencies and instrumentalities, including |
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obligations that are fully guaranteed or insured by the Federal |
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Deposit Insurance Corporation or by the explicit full faith and |
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credit of the United States; |
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SECTION 5. Chapter 2256, Texas Government Code is amended |
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by adding Section 2256.010(c) to read as follows: |
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(c) In addition to the authority to invest funds in |
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certificates of deposit under Subsections (a) and (b), an |
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investment in certificates of deposit is an authorized investment |
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under this subchapter if made in accordance with the following |
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conditions: |
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(1) the funds are invested by an investing entity |
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through a broker that is selected and approved by the investing |
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entity as required by Section 2256.025; |
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(2) the broker selected by the investing entity under |
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Subdivision (1) arranges for the deposit of the funds in |
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certificates of deposit in one or more federally insured depository |
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institutions, wherever located, for the account of the investing |
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entity; and |
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(3) the full amount of the principal and accrued |
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interest of each of the certificates of deposit is insured by the |
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United States or an instrumentality of the United States. |
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SECTION 6. Chapter 2256, Texas Government Code is amended |
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by amending Section 2256.013 to read as follows: |
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Sec. 2256.013. AUTHORIZED INVESTMENTS: COMMERCIAL PAPER. |
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(a) Except as provided in subsection (b) of this section, |
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commercial [Commercial] paper is an authorized investment under |
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this subchapter if the commercial paper: |
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(1) has a stated maturity of 270 days or fewer from the |
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date of its issuance; and |
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(2) is rated not less than A-1 or P-1 or an equivalent |
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rating by at least: |
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(A) two nationally recognized credit rating |
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agencies; or |
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(B) one nationally recognized credit rating |
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agency and is fully secured by an irrevocable letter of credit |
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issued by a bank organized and existing under the laws of the United |
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States or any state. |
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(b) An investing entity may not acquire commercial paper |
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that is exempted from registration under federal securities law by |
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Section 4(2) of the Securities Act of 1933. |
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SECTION 7. Chapter 2256, Texas Government Code is amended |
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by amending Section 2256.016(a), (c) and (f) and adding Section |
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2256.016(i), (j) and (k) to read as follows: |
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(a) An entity may invest its funds and funds under its |
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control through an eligible investment pool if the governing body |
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of the entity by rule, order, ordinance, or resolution, as |
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appropriate, authorizes the investment in the particular pool. An |
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investment pool shall invest the funds it receives from entities in |
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authorized investments permitted by this subchapter. An investment |
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pool may invest its funds in money market mutual funds to the extent |
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permitted and consistent with this subchapter and the investment |
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policies and objectives adopted by the investment pool. |
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(c) To maintain eligibility to receive funds from and invest |
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funds on behalf of an entity under this chapter, an investment pool |
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must furnish to the investment officer or other authorized |
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representative of the entity: |
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(1) investment transaction confirmations; and |
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(2) a monthly report that contains, at a minimum, the |
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following information: |
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(A) the types and percentage breakdown of |
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securities in which the pool is invested; |
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(B) the current average dollar-weighted |
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maturity, based on the stated maturity date, of the pool; |
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(C) the current percentage of the pool's |
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portfolio in investments that have stated maturities of more than |
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one year; |
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(D) the book value versus the market value of the |
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pool's portfolio, using amortized cost valuation; |
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(E) the size of the pool; |
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(F) the number of participants in the pool; |
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(G) the custodian bank that is safekeeping the |
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assets of the pool; |
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(H) a listing of daily transaction activity of |
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the entity participating in the pool; |
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(I) the yield and expense ratio of the pool, |
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including a statement regarding how yield is calculated; |
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(J) the portfolio managers of the pool; and |
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(K) any changes or addenda to the offering |
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circular. |
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(f) To be eligible to receive funds from and invest funds on |
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behalf of an entity under this chapter, a public funds investment |
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pool created to function as a money market fund mutual fund must |
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mark its portfolio to market daily, and, to the extent reasonably |
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possible, stabilize at a $1 net asset value. If the ratio of the |
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market value of the portfolio divided by the book value of the |
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portfolio is less than 0.995 or greater than 1.005, portfolio |
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holdings shall be sold as necessary to maintain the ratio between |
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0.995 and 1.005. In addition to the requirements of its investment |
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policy, a public funds investment pool created to function as a |
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money market mutual fund shall report yield to its investors in |
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accordance with subsection (e) of 17 C.F.R. Section 230.482, |
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promulgated by the federal Securities and Exchange Commission or |
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any successor agency. |
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(i) If the investment pool operates an Internet website, the |
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information described in subsections (b), (c) and (f) of this |
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section must be posted on the website. |
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(j) To maintain eligibility to receive funds and investment |
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funds from an entity under this chapter, an investment pool must |
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furnish to each entity an annual audited financial statement of the |
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investment pool in which the entity has funds invested. |
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(k) If an investment pool offers fee breakpoints based on |
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fund balances invested, in advertising investment rates the |
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investment pool must include either all levels of return based on |
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the breakpoints provided or state the lowest possible level of |
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return based on the smallest level of funds invested. |
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SECTION 8. Section 2256.019, Texas Government Code, is |
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repealed. |
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SECTION 9. Chapter 2256, Texas Government Code is amended |
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by adding Section 2256.0202 to read as follows: |
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Sec. 2256.0202. AUTHORIZED INVESTMENTS; FUNDS FROM |
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MANAGEMENT AND DEVELOPMENT OF MINERAL RIGHTS. |
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(a) In addition to the investments authorized by this |
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subchapter, a local government may invest funds received by the |
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local government from leases and contracts executed for the |
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management and development of lands owned by the local government |
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and leased for oil, gas, and other mineral development in any |
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investment authorized under powers granted under Subtitle B, Title |
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9, Property Code (Texas Trust Code). |
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(b) Funds invested by a local government in accordance with |
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powers granted by the Texas Trust Code shall be segregated and |
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accounted for separately from other funds of the local government. |
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SECTION 10. Chapter 2256, Texas Government Code is amended |
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by amending Section 2256.023(b) to read as follows: |
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(b) The report must: |
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(1) describe in detail the investment position of the |
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entity on the date of the report; |
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(2) be prepared jointly by all investment officers of |
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the entity; |
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(3) be signed by each investment officer of the |
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entity; |
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(4) contain a summary statement[, prepared in
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compliance with generally accepted accounting principles,] of each |
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pooled fund group that states the: |
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(A) beginning market value for the reporting |
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period; |
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(B) [additions and changes to the market value
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during the period] ending market value for the period; and |
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[(D)] (C) fully accrued interest for the |
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reporting period; |
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(5) state the book value and market value of each |
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separately invested asset at the [beginning and] end of the |
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reporting period by the type of asset and fund type invested; |
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(6) state the maturity date of each separately |
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invested asset that has a maturity date; |
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(7) state the account or fund or pooled group fund in |
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the state agency or local government for which each individual |
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investment was acquired; and |
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(8) state the compliance of the investment portfolio |
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of the state agency or local government as it relates to: |
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(A) the investment strategy expressed in the |
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agency's or local government's investment policy; and |
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(B) relevant provisions of this chapter. |
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SECTION 11. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2009. |