HBA-SEB H.B. 3009 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3009
By: Greenberg
Pensions and Investments
7/20/1999
Enrolled



BACKGROUND AND PURPOSE 

H.B. 3009 authorizes the governing body of an investing entity, such as a
local government, state agency, or nonprofit corporation acting on behalf
of a local government or state agency, to contract with a registered
investment management firm to provide for the investment and management of
its public funds or other funds under its control.  This bill further
modifies investment options for governmental entities.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2256.002(10), Government Code, to redefine
"qualified representative" to include a person who is an officer or
principal of an investment advisory firm. 

SECTION 2.  Amends Section 2256.003, Government Code, to authorize the
governing body of an investing entity, such as a local government, state
agency, or nonprofit corporation acting on behalf of a local government or
state agency, to contract with a registered investment advisory firm to
provide for the investment and management of its public funds or other
funds under its control. Prohibits a contract from being for a term longer
than two years.  Provides that a renewal or extension of the contract must
be made by the governing body of the investing entity by ordinance, order,
or resolution.  Establishes that 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. 

SECTION 3.  Amends Section 2256.004, Government Code, as amended by
Chapters 505 and 1421, Acts of the 75th Legislature, Regular Session, 1997,
to provide that this subchapter (Authorized Investments for Governmental
Entities) does not apply to an investment donated to an investing entity
for a particular purpose or under terms of use specified by the donor.
Redesignates Subsection (a)(5) to (a)(6).  Makes conforming changes. 

SECTION 4.  Amends Section 2256.005, Government Code, by amending
Subsections (f), (k), and (m) and adding Subsections (n) and (o), as
follows: 

(f)  Provides that if the governing body of an investing entity has
contracted with another investing entity to invest its funds, the
investment officer of the other investing entity is considered to be the
investment officer of the first investing entity for purposes of this
chapter.  Provides that authority granted to a fiduciary, rather than a
person, to invest an entity's funds is effective until rescinded by the
investing entity, until the expiration of the officer's term or the
termination of the person's employment, or until the expiration of the
contract with the investing entity if an investment advisory firm.
Provides that the governing body of the investing entity retains ultimate
responsibility as fiduciaries of the assets of the entity.  Makes
conforming changes. 

(k)  Requires a written copy of the investment policy to be presented to an
investment  management firm under contract with an investing entity to
invest or manage the entity's investment portfolio.  Provides that a
business organization includes an investment management firm under contract
with an investing entity to invest or manage the investing entity's
investment portfolio, for the purposes of this subsection. 

(m)  Requires an investment entity, other than a state agency, to annually
perform a compliance audit of management controls on investments and
adherence to investment policies.  Makes a conforming change. 

(n)  Requires a state agency to arrange for a compliance audit of
management controls on investments and adherence to investment policies at
least once every two years, except as provided by Subsection (o).  Requires
the compliance audit to be performed by the agency's internal auditor or by
a private auditor.  Requires a state agency to report the results to the
state auditor not later than January 1 of each even-numbered year.
Requires a state agency to report to the state auditor other information
the state auditor determines necessary to assess compliance with laws and
policies applicable to state agency investments.  Requires a state agency
report to be prepared in a manner the state auditor prescribes. 

(o)  Provides that the audit requirements of Subsection (n) do not apply to
assets of a state agency that are invested by the comptroller. 

SECTION 5.  Amends Section 2256.007(c), Government Code, to provide that
training must include education in diversification of investment portfolio. 

SECTION 6.  Amends Section 2256.008, Government Code, as follows:

Sec. 2256.008.  INVESTMENT TRAINING; LOCAL GOVERNMENTS.  (a)  Requires the
treasurer, chief financial officer, and the investment officer of a local
government, except as provided by Subsection (b), to attend at least one
training session conducted by an independent source approved by the
governing body of the local government or a designated investment committee
advising the investment officer and containing at least 10 hours of
instruction relating to the person's responsibilities.  Requires those
persons to attend an investment training session at least once every two
years and receive at least eight, rather than 10, hours of instruction,
except as provided by Subsection (b). 

(b)  Authorizes an investing entity created under authority of Section
52(b), Article III, or Section 59, Article XVI, Texas Constitution, that
has contracted with an investment management firm under Section 2256.003(b)
and has fewer than five full-time employees or an investing entity that has
contracted with another investing entity to invest the entity's funds to
satisfy the training requirement by having an officer of the governing body
attend four hours of appropriate instruction in a two-year period.
Provides that the treasurer or chief financial officer of an investing
entity created under authority of Section 52(b), Article III, or Section
59, Article XVI, Texas Constitution, and that has fewer than five full-time
employees is not required to attend training required by this section
unless the person is also the investment officer of the entity.  
 
(c) Makes a conforming change.  

(d)  Requires each individual, association, business, organization,
governmental entity, or other person that provides training to report to
the comptroller a list of the governmental entities for which the person
provided required training under this section during that calendar year not
later than December 31 each year.  Establishes that an individual's
reporting requirements are satisfied by a report of the individual's
employer or the sponsoring or organizing entity of a training program or
seminar. 

SECTION 7.  Amends Section 2256.009(a), Government Code, to provide that
bonds issued, assumed, or guaranteed by the state of Israel are authorized
investments, except as provided by Subsection (b) (regarding unauthorized
investments).  Makes a conforming change. 

 SECTION 8.  Amends Section 2256.014(c), Government Code, to delete
existing text which provides that an entity is not authorized to invest in
the aggregate more than 80 percent of its monthly average fund balance in
money market mutual funds.  Redesignates Subdivision (4) to (3). 

SECTION 9.  Amends the heading of Section 2256.015, Government Code, as
follows: 

Sec. 2256.015.  New title:  AUTHORIZED INVESTMENTS:  GUARANTEED INVESTMENT
CONTRACTS. 

SECTION 10.  Amends Section 2256.015(a), Government Code, to delete text
specifying that the authorized investments are for state agencies.   

SECTION 11.  Effective date: September 1, 1999.

SECTION 12.  Emergency clause.