By: Branch, Strama, Ratliff, Anchia, Frank, H.B. No. 2770
      et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the investment of a portion of the economic
  stabilization fund balance.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 404, Government Code, is
  amended by adding Section 404.0241 to read as follows:
         Sec. 404.0241.  INVESTMENT OF CERTAIN ECONOMIC
  STABILIZATION FUND BALANCES. (a) The comptroller shall invest the
  balance of the economic stabilization fund that exceeds an amount
  equal to 30 percent of the maximum authorized balance of the fund
  for the applicable state fiscal biennium as prescribed by Section
  49-g(g), Article III, Texas Constitution, in accordance with the
  investment standard described by Section 404.024(j).  The
  comptroller's investment of that excess balance is not subject to
  any other limitation or other requirement provided by Section
  404.024.
         (b)  The comptroller shall adjust the investment portfolio
  of economic stabilization fund money periodically to ensure that,
  as appropriated money is withdrawn or money is otherwise
  transferred from the fund or as the maximum authorized balance of
  the fund as prescribed by Section 49-g(g), Article III, Texas
  Constitution, changes, only the balance of the fund that exceeds
  the amount specified by Subsection (a) is invested in a manner that
  does not comply with all limitations and other requirements of
  Section 404.024.
         SECTION 2.  
  (a) The comptroller of public accounts shall
  conduct a study of the potential costs and benefits of investing, as
  provided by Section 404.0241, Government Code, as added by this
  Act, or of investing under an alternative method as the comptroller
  may propose, a portion of the economic stabilization fund in
  precious metals stored in this state. The comptroller shall report
  the findings and conclusions of the study to the legislature not
  later than August 31, 2014.
         (b)  In conducting the study under Subsection (a) of this
  section, the comptroller shall include the comptroller's analysis
  of the costs and benefits of the following scenarios for managing
  the storage of precious metals in which economic stabilization fund
  money is invested:
               (1)  establishing and operating a state depository for
  precious metals;
               (2)  establishing and operating a state depository for
  precious metals with private depository agents regulated by this
  state;
               (3)  establishing and operating several state
  depositories for precious metals;
               (4)  establishing and operating several state
  depositories for precious metals with private depository agents
  regulated by this state; and
               (5)  using an established network of private depository
  agents with regulatory oversight conducted by this state.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.