BILL ANALYSIS

 

 

 

C.S.H.B. 1238

By: VanDeaver

Urban Affairs

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties contend that the investment responsibility training required of certain persons associated with a housing authority is greater than what is needed for such persons. C.S.H.B. 1238 seeks to address this issue by providing for reduced training for such persons.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 1238 amends the Government Code to authorize a housing authority created under the Housing Authorities Law to satisfy a specified statutory investment responsibility training requirement applicable to local governments by requiring the authority's treasurer, or the authority's chief financial officer if the treasurer is not the chief financial officer, or the authority's investment officer, or, if the authority does not have any such officer, another officer of the authority, to attend, in each two-year period that begins on the first day of that authority's fiscal year and consists of the two consecutive fiscal years after that date, at least five hours of appropriate instruction. The bill extends the conditional exemption from that training requirement for an officer of a municipality to an officer of a housing authority.

 

EFFECTIVE DATE

 

September 1, 2017.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 1238 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1. Section 2256.008(a), Government Code, as amended by Chapters 222 (H.B. 1148) and 1248 (H.B. 870), Acts of the 84th Legislature, Regular Session, 2015, is reenacted and amended.

SECTION 1. Same as introduced version.

 

 

SECTION 2.  Section 2256.008, Government Code, is amended by adding Subsection (b-1) to read as follows:

 

(b-1)  A housing authority created under Chapter 392, Local Government Code, may satisfy the training requirement provided by Subsection (a)(2) by requiring the treasurer, the chief financial officer if the treasurer is not the chief financial officer, the investment officer, or, if the authority does not have a treasurer, chief financial officer, or investment officer, a commissioner of the authority to attend at least five hours of appropriate instruction in each two-year period that begins on the first day of that housing authority's fiscal year and consists of the two consecutive fiscal years after that date.

 

SECTION 2.  Section 2256.008, Government Code, is amended by adding Subsection (b-1) and amending Subsection (f) to read as follows:

(b-1)  A housing authority created under Chapter 392, Local Government Code, may satisfy the training requirement provided by Subsection (a)(2) by requiring the following person to attend, in each two-year period that begins on the first day of that housing authority's fiscal year and consists of the two consecutive fiscal years after that date, at least five hours of appropriate instruction:

(1)  the treasurer, or the chief financial officer if the treasurer is not the chief financial officer, or the investment officer; or

(2)  if the authority does not have an officer described by Subdivision (1), another officer of the authority.

(f)  Subsection (a)(2) does not apply to an officer of a municipality or housing authority if the municipality or housing authority:

(1)  does not invest municipal or housing authority funds, as applicable; or

(2)  only deposits those [municipal] funds in:

(A)  interest-bearing deposit accounts; or

(B)  certificates of deposit as authorized by Section 2256.010.

SECTION 3.  To the extent of any conflict, this Act prevails over another Act of the 85th Legislature, Regular Session, 2017, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 3. Same as introduced version.

 

 

SECTION 4.  This Act takes effect September 1, 2017.

SECTION 4. Same as introduced version.