By: Elkins H.B. No. 3795
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorized investments for governmental entities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2256.003, Government Code, is amended by
  adding a new Subsection (d) to read as follows:
         Sec. 2256.003.  Authority to Invest Funds; Entities Subject
  to This Chapter
         (a)  Each governing body of the following entities may
  purchase, sell, and invest its funds and funds under its control in
  investments authorized under this subchapter in compliance with
  investment policies approved by the governing body and according to
  the standard of care prescribed by Section 2256.006:
               (1)  a local government;
               (2)  a state agency;
               (3)  a nonprofit corporation acting on behalf of a
  local government or a state agency; or
               (4)  an investment pool acting on behalf of two or more
  local governments, state agencies, or a combination of those
  entities.
         (b)  In the exercise of its powers under Subsection (a), the
  governing body of an investing entity may contract with an
  investment management firm registered under the Investment
  Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the
  State Securities Board to provide for the investment and management
  of its public funds or other funds under its control.  A contract
  made under authority of this subsection may not be for a term longer
  than two years.  A renewal or extension of the contract must be made
  by the governing body of the investing entity by order, ordinance,
  or resolution.
         (c)  This chapter does not prohibit an investing entity or
  investment officer from using the entity's employees or the
  services of a contractor of the entity to aid the investment officer
  in the execution of the officer's duties under this chapter.
         (d)  Notwithstanding any other law, each governing body must
  invest a minimum five percent of their total portfolio in
  Texas-based, publicly-traded corporations.
         SECTION 2.  EFFECTIVE DATE.  This Act takes effect September
  1, 2011.