87R15883 SRA-F
 
  By: Parker, Anchia, Stephenson, Capriglione, H.B. No. 4131
      Perez
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the self-directed and semi-independent status of the
  State Securities Board; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 472.001, Government Code, is amended to
  read as follows:
         Sec. 472.001.  APPLICABILITY OF CHAPTER. This chapter
  applies to:
               (1)  the Texas State Board of Public Accountancy;
               (2)  the Texas Board of Professional Engineers and Land
  Surveyors; [and]
               (3)  the Texas Board of Architectural Examiners; and
               (4)  the State Securities Board.
         SECTION 2.  Subchapter A, Chapter 4002, Government Code, as
  effective January 1, 2022, is amended by adding Section 4002.003 to
  read as follows:
         Sec. 4002.003.  SELF-DIRECTED AND SEMI-INDEPENDENT STATUS.
  The State Securities Board has self-directed and semi-independent
  status as provided under Chapter 472.
         SECTION 3.  Section 4002.057, Government Code, as effective
  January 1, 2022, is amended to read as follows:
         Sec. 4002.057.  PER DIEM. A member of the board is entitled
  to reimbursement for travel expenses incurred [a per diem as set by
  legislative appropriation] for each day the member engages in the
  business of the board.
         SECTION 4.  Section 4002.058(c), Government Code, as
  effective January 1, 2022, is amended to read as follows:
         (c)  A person appointed to the board is entitled to
  reimbursement[, as provided by the General Appropriations Act,] for
  travel expenses incurred in attending the training program
  regardless of whether the attendance at the program occurs before
  or after the person qualifies for office.
         SECTION 5.  Section 4002.101, Government Code, as effective
  January 1, 2022, is amended to read as follows:
         Sec. 4002.101.  SECURITIES COMMISSIONER. (a) The board
  shall appoint a securities commissioner who serves at the pleasure
  of the board and who, under the board's supervision, shall
  administer this title.
         (b)  The board shall determine the commissioner's salary.
         SECTION 6.  Subchapter C, Chapter 4002, Government Code, as
  effective January 1, 2022, is amended by adding Section 4002.1045
  to read as follows:
         Sec. 4002.1045.  BOARD EMPLOYEES. The commissioner shall
  determine the number of board employees and the employees'
  salaries.
         SECTION 7.  Subchapter D, Chapter 4002, Government Code, as
  effective January 1, 2022, is amended by adding Section 4002.164 to
  read as follows:
         Sec. 4002.164.  REPORT TO BOARD. Periodically, the
  commissioner shall submit to the members of the board, as directed
  by the board members, a report of the receipts and expenditures of
  the agency.
         SECTION 8.  Section 4006.001, Government Code, as effective
  January 1, 2022, is amended to read as follows:
         Sec. 4006.001.  CERTAIN REGISTRATION AND NOTICE FILING FEES.
  The board shall establish the following fees to produce [in amounts
  so that the aggregate amount that exceeds the amount of the fees on
  September 1, 2002, produces] sufficient revenue to cover the costs
  of administering and enforcing this title:
               (1)  for filing an original, amended, or renewal
  application or registration statement to sell or dispose of
  securities[, an amount not to exceed $100];
               (2)  for filing an original application of a dealer or
  investment adviser or submitting a notice filing for a federal
  covered investment adviser[, an amount not to exceed $100];
               (3)  for filing a renewal application of a dealer or
  investment adviser or submitting a renewal notice filing for a
  federal covered investment adviser[, an amount not to exceed $100];
               (4)  for filing an original application for each agent,
  officer, or investment adviser representative or submitting a
  notice filing for each representative of a federal covered
  investment adviser[, an amount not to exceed $100]; and
               (5)  for filing a renewal application for each agent,
  officer, or investment adviser representative or submitting a
  renewal notice filing for each representative of a federal covered
  investment adviser[, an amount not to exceed $100].
         SECTION 9.  Section 4006.103, Government Code, as effective
  January 1, 2022, is amended to read as follows:
         Sec. 4006.103.  PAYMENT OF CERTAIN COSTS. A cost incurred by
  the board in administering or enforcing this title may be paid only
  from a fee collected under Section 4006.001.
         SECTION 10.  Section 4006.104, Government Code, as effective
  January 1, 2022, is amended to read as follows:
         Sec. 4006.104.  REFUND OF REGISTRATION FEE. If the
  commissioner or board determines that all or part of a registration
  fee should be refunded, the [commissioner may make the] refund
  shall be made by warrant on the state treasury from the fund into
  which the registration fee was deposited [money appropriated from
  the general revenue fund for that purpose].
         SECTION 11.  Subchapter A, Chapter 4007, Government Code, as
  effective January 1, 2022, is amended by adding Section 4007.003 to
  read as follows:
         Sec. 4007.003.  REPRESENTATION BY ATTORNEY GENERAL. (a)
  The attorney general may assess and collect from the commissioner
  or the board reasonable attorney's fees associated with any legal
  representation requested by the commissioner and provided by the
  attorney general.
         (b)  Notwithstanding any other law, a requirement that the
  attorney general represent an agency in any litigation does not
  apply to a proceeding under this title that is governed by Chapter
  2001.
         SECTION 12.  Effective January 1, 2022, the following
  provisions of the Government Code, as effective January 1, 2022,
  are repealed:
               (1)  Section 4002.001;
               (2)  Section 4002.155;
               (3)  Section 4002.163;
               (4)  Section 4006.101; and
               (5)  Section 4006.251.
         SECTION 13.  Subject to Chapter 472, Government Code, the
  appropriations made to the State Securities Board by an Act of the
  87th Legislature, Regular Session, 2021, may be spent by the State
  Securities Board as the securities commissioner directs. The board
  shall repay to the general revenue fund the appropriation made to
  the agency for the state fiscal year ending August 31, 2022, not
  later than that date and as funds become available. The board shall
  repay to the general revenue fund the appropriation made to the
  board for the state fiscal year ending August 31, 2023, not later
  than that date and as funds become available.
         SECTION 14.  The transfer of the State Securities Board to
  self-directed and semi-independent status under this Act and the
  expiration of self-directed and semi-independent status may not act
  to cancel, suspend, or prevent:
               (1)  any debt owed to or by the State Securities Board;
               (2)  any fine, tax, penalty, or obligation of any
  party;
               (3)  any contract or other obligation of any party; or
               (4)  any action taken by the State Securities Board,
  the securities commissioner, or the board's employees in the
  administration or enforcement of the agency's duties.
         SECTION 15.  The State Securities Board shall continue to
  have and exercise the powers and duties allocated to the board in
  the board's enabling legislation, except as specifically amended by
  this Act.
         SECTION 16.  Title to or ownership of all supplies,
  materials, records, equipment, books, papers, and furniture used by
  the State Securities Board is transferred to the State Securities
  Board in fee simple. This Act does not affect any property owned by
  the State Securities Board on or before the effective date of this
  Act.
         SECTION 17.  Beginning January 1, 2022, the State Securities
  Board shall pay rent to this state in a reasonable amount to be
  determined by the Texas Facilities Commission for its use and
  occupancy of state-owned office space.
         SECTION 18.  This Act takes effect January 1, 2022.