reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter F. State Funds Reform Act › Section 404.092. Definition

Sec. 404.092.  DEFINITION.  In this subchapter, "state agency" means an office, institution, or other agency that is in the executive branch of state government, has authority that is not limited to a geographical portion of the state, and was created by the constitution or a statute of this state, but does not include an institution of higher education as defined by Section 61.003, Education Code.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter F. State Funds Reform Act › Section 404.093. Applicability of Subchapter; Exemptions

Sec. 404.093.  APPLICABILITY OF SUBCHAPTER;  EXEMPTIONS.  (a)  This subchapter applies to a state agency only to the extent that it is not otherwise required to deposit funds in the treasury.
(b)  This subchapter does not apply to:
(1)  funds pledged to the payment of bonds, notes, or other debts if the funds are not otherwise required to be deposited in the treasury;
(2)  funds held in trust or escrow for the benefit of a person or entity other than a state agency;
(3)  funds set apart out of earnings derived from investment of funds held in trust for others, as administrative expenses of the trustee agency; or
(4)  funds, grants, donations, and proceeds from funds, grants, and donations, given in trust to the Texas State Library and Archives Commission for the establishment and maintenance of regional historical resource depositories and libraries in accordance with Section 441.154.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(87), eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 152, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 961 (S.B. 2040), Sec. 2.02, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter F. State Funds Reform Act › Section 404.095. Electronic Transfer of Certain Payments

Sec. 404.095.  ELECTRONIC TRANSFER OF CERTAIN PAYMENTS.  (a)  This section applies only to a state agency that during the preceding state fiscal year collected or received more than $50 million in fees, fines, penalties, taxes, charges, gifts, grants, donations, and other funds, excluding federal grants and interest and dividend income.
(b)  If during the preceding state fiscal year a person paid a state agency a total of $500,000 or more in a category of payments and the agency reasonably anticipates that during the current state fiscal year the person will pay the agency $500,000 or more in a category of payments, the state agency shall require the person to transfer payment amounts due to the agency in that category, on or before the date the payment is due, by one of the means of electronic funds transfer approved by the comptroller. For the purposes of this section, each of the following is a separate category of payments to a state agency:
(1)  fees;
(2)  fines;
(3)  civil penalties;
(4)  taxes, with each type of tax specified by the comptroller being considered a separate category;  and
(5)  other payments to the state agency, excluding extraordinary payments such as gifts, grants, donations, interest and dividend income, and one time surcharges.
(c)  A state agency by rule may require a person other than a person subject to Subsection (b) to transfer all payment amounts due in a category of payments to the agency on or before the date the payment is due by electronic funds transfer.
(d)  A person's failure to transfer payment amounts by electronic funds transfer may result in the assessment of a penalty by the state agency in an amount equal to five percent of the payment amount.
(e)  The comptroller shall adopt rules specifying approved means of electronic funds transfer and specifying the types of taxes constituting separate categories.  A person's failure to comply with the rules may result in the assessment of a penalty by the state agency in an amount equal to five percent of the payment amount.
(f)  To the extent of any conflict between this section and another law specifying the time or manner of making a payment to the agency, this section controls.  This section does not affect a law specifying the time for the filing of a return or other report related to the payment.
(g)  A state agency may not require payment by electronic funds transfer of a protested tax payment.
Added by Acts 1989, 71st Leg., ch. 78, Sec. 7, eff. May 11, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 4.01, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 426, Sec. 25, eff. June 9, 1995;  Acts 1997, 75th Leg., ch. 1423, Sec. 7.70, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter F. State Funds Reform Act › Section 404.096. Rapid Deposits, Transactions, and Transfers Required

Sec. 404.096.  RAPID DEPOSITS, TRANSACTIONS, AND TRANSFERS REQUIRED.  According to a schedule established by the comptroller, the comptroller shall conduct a study of each state agency that collects or receives $50 million or more a year from all sources or processes 100,000 or more transactions a year of any kind to determine whether implementing a program for the rapid administration of deposits or transactions by the agency or for the rapid transfer of revenue or information to or from the state agency would result in a net savings of state revenue.  If the comptroller determines that the implementation of a program for the rapid administration of deposits or transactions or for the rapid transfer of revenue or information to or from the state agency would result in a net savings of state revenue, the comptroller may require the agency to implement a program for that rapid administration or transfer that meets the specifications of the comptroller.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 4.02, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 7.71, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter F. State Funds Reform Act › Section 404.097. Deposit of Funds Recovered by Litigation or Settlement

Sec. 404.097.  DEPOSIT OF FUNDS RECOVERED BY LITIGATION OR SETTLEMENT.  (a)  Notwithstanding Section 404.093, this section applies by its terms to each state governmental entity.
(b)  In this section, "contingent fee contract" and "state governmental entity" have the meanings assigned by Section 2254.101.
(c)  All funds recovered by a state governmental entity in litigation or in settlement of a matter that could have resulted in litigation, including funds designated as damages, amounts adjudged or awarded, attorney's fees, costs, interest, settlement proceeds, or expenses, are public funds of the state or the state governmental entity and shall be deposited in the state treasury to the credit of the appropriate fund or account.
(d)  Legal fees and expenses may be paid from the recovered funds under a contingent fee contract for legal services only:
(1)  after the funds are deposited in accordance with this section;  and
(2)  in accordance with Subchapter C, Chapter 2254, if that subchapter applies to the contract.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 3.02, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1266, Sec. 1.14, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.101. Definitions

Sec. 404.101.  DEFINITIONS.  In this subchapter:
(1)  "Advisory board" means the Texas treasury safekeeping trust company investment advisory board.
(2)  "Participant" means the state, agencies and local political subdivisions of the state, and nonprofit corporations, foundations, and other charitable organizations created on behalf of the state or an agency or local political subdivision of the state authorized to deposit money and securities with the trust company.
(3)  "The state and its agencies" includes the Employees Retirement System of Texas and the Teacher Retirement System of Texas.
(4)  "Trust company" means the Texas Treasury Safekeeping Trust Company.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 21, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.102. Creation of Trust Company

Sec. 404.102.  CREATION OF TRUST COMPANY.  (a)  The comptroller may incorporate a special-purpose trust company called the Texas Treasury Safekeeping Trust Company.  The purposes of the trust company are to provide a means for the comptroller to obtain direct access to services provided by the Federal Reserve System and to enable the comptroller to manage, disburse, transfer, safekeep, and invest funds and securities more efficiently and economically by using established and reasonable financial practices, including the pooling of funds and the lending of securities to the extent practical or necessary.  The comptroller may deposit funds and securities with the trust company to achieve its purpose.
(b)  The trust company is a special-purpose trust company with necessary and implied powers to accomplish its purpose and is subject to regulation only as provided by this subchapter.  The trust company may not engage in commercial banking activity.
(c)  The trust company may establish government investment pools consisting of state agency funds not required to be deposited in the state treasury and local government funds that are placed into the pools for investment or reinvestment by the trust company.  A state agency or local government may place funds into the pools for investment or reinvestment as authorized by Subsection (a) or other law.  In this subsection, "local government" and "state agency" have the meanings assigned by Section 2256.002.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 78, Sec. 8, eff. May 11, 1989;  Acts 1991, 72nd Leg., 2nd C.S., ch. 12, Sec. 1.24, eff. Jan. 1, 1992;  Acts 1997, 75th Leg., ch. 1423, Sec. 7.72, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1310, Sec. 26, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.104. Duties of Comptroller

Sec. 404.104.  DUTIES OF COMPTROLLER.  (a)  The comptroller is the sole officer, director, and shareholder of the trust company.  The comptroller's office shall manage the trust company.
(b)  The comptroller may enter into contracts, trust agreements, and other instruments with the trust company as provided by Section 404.103.
(c)  The comptroller shall submit to the Legislative Budget Board an audited report regarding the operations of the trust company.  The trust company may contract with a certified public accountant or the state auditor to conduct an independent audit of the operations of the trust company.  This subsection does not affect the state auditor's authority to conduct an audit of the trust company in accordance with Chapter 321.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 584, Sec. 12, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1423, Sec. 7.74, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1158, Sec. 23, eff. June 15, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 620 (S.B. 1138), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.105. Capital or Reserve

Sec. 404.105.  CAPITAL OR RESERVE.  The trust company shall hold capital stock and reserve balances outside the treasury in an amount required by applicable regulatory bodies for eligibility for federal reserve services, for participation in a depository trust company, and as necessary to achieve its purposes under Section 404.103. The stock of the trust company is an authorized investment for state funds and shall be held by the comptroller, but the amount may not be more than $1 million.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 426, Sec. 26, eff. June 9, 1995;  Acts 1997, 75th Leg., ch. 1423, Sec. 7.75, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1158, Sec. 24, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.106. Earnings; Authorized Investments

Sec. 404.106.  EARNINGS;  AUTHORIZED INVESTMENTS.  (a)  Any net earnings of the trust company attributable to capital stock or investments of capital stock shall be credited annually to the account of the treasury and shall be allocated annually to the funds held and managed by the comptroller in accordance with Section 404.071(a).
(b)  Funds held by the trust company shall be invested in obligations authorized by law for the investment of funds held and managed by the comptroller.
(c)  With respect to specific funds held by the trust company for a particular participant, the trust company has the same investment authority as that participant for those specific funds.
(d)  The trust company may hold reserve balances or securities as required by the Federal Reserve System or as required for participation in a depository trust company.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 426, Sec. 27, eff. June 9, 1995;  Acts 1997, 75th Leg., ch. 1423, Sec. 7.76, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1158, Sec. 25, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.107. Fees

Sec. 404.107.  FEES.  (a)  Any fees or assessments imposed by state law for the incorporation, regulation, or operation of trust companies do not apply to the Texas Treasury Safekeeping Trust Company.
(b)  A participant that has money or securities on deposit with the trust company shall pay the fees provided in the trust company's fee schedule developed under Section 404.103(f).  The trust company may:
(1)  deduct a fee from the principal or earning of a participant on deposit with the trust company;  or
(2)  require a participant to pay a fee from an amount not on deposit with the trust company.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1158, Sec. 26, eff. June 15, 2001;  Acts 2003, 78th Leg., ch. 1310, Sec. 27, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.108. Trust Company Investment Advisory Board

Sec. 404.108.  TRUST COMPANY INVESTMENT ADVISORY BOARD.  (a)  The comptroller may appoint an investment advisory board to advise the comptroller with respect to managing the assets held by the trust company.  The advisory board shall provide the comptroller guidance on the investment philosophy that should be pursued in managing the assets under the trust company's control.  The advisory board serves in an advisory capacity only and is not a fiduciary with respect to the assets held by the trust company.
(b)  The advisory board is composed of seven members appointed by the comptroller with the advice of the governor, lieutenant governor, and speaker of the house of representatives.
(c)  The members of the advisory board must have knowledge of or experience in finance, including the management of funds or business operations.
(d)  Appointments to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of appointees.
(e)  Each member of the advisory board must be a resident of this state.
(f)  The creation, size, composition, and duration of the advisory board is governed exclusively by this subchapter.  Chapter 2110 does not apply to the size, composition, or duration of the advisory board.
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 27, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.109. Restrictions on Advisory Board Appointment, Membership, and Employment

Sec. 404.109.  RESTRICTIONS ON ADVISORY BOARD APPOINTMENT, MEMBERSHIP, AND EMPLOYMENT.  A person is not eligible for appointment to the advisory board if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization receiving funds from the trust company;
(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the trust company;  or
(3)  receives money from the business entity or other organization receiving funds from the trust company that exceeds five percent of the person's gross income for the preceding calendar year.
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 27, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.110. Removal of Advisory Board Members

Sec. 404.110.  REMOVAL OF ADVISORY BOARD MEMBERS.  The comptroller may remove from the advisory board an advisory board member at will or for any of the following causes:
(1)  at the time of the member's appointment, the member did not have the qualifications prescribed by Section 404.108 or was ineligible under Section 404.109;
(2)  while serving on the advisory board, the member does not maintain the qualifications prescribed by Section 404.108 or becomes ineligible for appointment under Section 404.109;
(3)  for a substantial portion of the member's term, the member is unable to discharge the member's duties because of illness or disability;  or
(4)  without being excused by a majority vote of the advisory board, the member is absent from more than one-third of the regularly scheduled board meetings that the member is eligible to attend during a calendar year.
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 27, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.111. Advisory Board Member Training

Sec. 404.111.  ADVISORY BOARD MEMBER TRAINING.  (a)  Before a member of the advisory board may assume the member's duties, the member must complete at least one course of the training program established under this section.
(b)  A training program established under this section shall provide information regarding:
(1)  the role and functions of the trust company;
(2)  the assets managed by and programs operated by the trust company;  and
(3)  the statutes applicable to the trust company, including Chapters 551, 552, and 2001.
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 27, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.112. Compensation; Expenses

Sec. 404.112.  COMPENSATION;  EXPENSES.  Members of the advisory board serve without compensation but are entitled to reimbursement for actual and necessary expenses in attending meetings of the advisory board or performing other official duties authorized by the comptroller.
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 27, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.113. Meetings

Sec. 404.113.  MEETINGS.  (a)  The advisory board may meet as often as necessary, but shall meet at least twice each year.
(b)  Advisory board meetings are subject to Chapter 551.
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 27, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.114. Investment Management

Sec. 404.114.  INVESTMENT MANAGEMENT.  (a)  The comptroller may delegate investment authority and may contract with private professional investment managers to manage or assist in managing assets held by the trust company.
(b)  The comptroller may delegate a power or duty relating to the investment of assets held by the trust company to an employee or agent of the comptroller, including professional investment managers.
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 27, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.115. Personnel

Sec. 404.115.  PERSONNEL.  (a)  The comptroller may appoint a person to serve as chief executive officer in managing the trust company and carrying out the policies of the trust company.  The chief executive officer and employees of the trust company serve at the will of the comptroller.
(b)  The comptroller may delegate any of the comptroller's duties to the chief executive officer and trust company employees.
(c)  The chief executive officer or the chief executive officer's designee shall develop a career ladder program and a system of compensation necessary to retain qualified staff.
(d)  The chief executive officer or the chief executive officer's designee shall develop a system of annual performance evaluations.  Merit pay for trust company employees must be based on the system established under this subsection.
(e)  The chief executive officer or the chief executive officer's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel decisions are made without regard to race, color, disability, religion, age, or national origin.
(f)  The chief executive officer shall appoint an internal auditor for the trust company.  The appointment of the internal auditor must be approved by the comptroller.  The comptroller may require the internal auditor to submit certain reports directly to the comptroller.
(g)  Except as provided by this section and Section 404.103(e), trust company employees hired under this subchapter are state employees for all purposes, including accrual of leave time, insurance benefits, retirement benefits, and travel regulations, Chapter 104, Civil Practice and Remedies Code, and Chapter 501, Labor Code.
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 27, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter G. Texas Treasury Safekeeping Trust Company › Section 404.116. Liability Insurance for Certain Board Members, Officials, and Staff

Sec. 404.116.  LIABILITY INSURANCE FOR CERTAIN BOARD MEMBERS, OFFICIALS, AND STAFF.  (a)  The trust company may purchase or otherwise acquire insurance to protect members of the advisory board and the trust company staff.
(b)  Insurance purchased or acquired by the trust company under this section may:
(1)  protect against any type of liability to third persons that might be incurred while conducting trust company business;  and
(2)  provide for all costs of defending against such liability, including court costs and attorney's fees.
(c)  This section does not authorize the purchase or acquisition of insurance to protect against liability not described in Subsection (b).
Added by Acts 2001, 77th Leg., ch. 1158, Sec. 27, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter H. Tax and Revenue Anticipation Notes › Section 404.121. Definitions

Sec. 404.121.  DEFINITIONS.  In this subchapter:
(1)  "Cash flow deficit" for any period means the excess, if any, of expenditures paid and transfers made from the general revenue fund in the period, including payments provided by Section 48.273, Education Code, over taxes and other revenues deposited to the fund in the period, other than revenues deposited pursuant to Section 403.092, that are legally available for the expenditures and transfers.
(2)  "Committee" means the cash management committee.
(3)  "Credit agreement" means a loan agreement, revolving credit agreement, agreement establishing a line of credit, letter of credit, reimbursement agreement, insurance contract, commitment to purchase tax and revenue anticipation notes, purchase or sale agreement, forward payment conversion agreement, contract providing for payments based on levels of or changes in interest rates or currency exchange rates, or commitment or other contract or agreement approved by the comptroller in connection with the authorization, issuance, security, exchange, payment, purchase, or redemption of an obligation, interest on an obligation, or both.
(4)  "Tax and revenue anticipation notes" and "notes" mean notes issued under this section, including any commercial paper notes and any obligations under credit agreements entered into by the comptroller in connection with the issuance of the notes.
(5)  "Temporary cash shortfall" during any period means the greater of:
(A)  the cash flow deficit forecast by the comptroller for the period;  or
(B)  the cash balance of taxes and other revenues in the general revenue fund at the beginning of the period that are legally available for expenditures and transfers included in the cash flow deficit, other than transfers deposited pursuant to Section 403.092, less the cash flow deficit for the period and less an amount determined by the comptroller that is reasonably required as a cash balance in the general revenue fund, but the reasonable account balance may not exceed 10 percent of expenditures and transfers made from the general revenue fund in the fiscal year before the year in which the determination is made.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 53, Sec. 2.001, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 426, Sec. 28, eff. June 9, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 6.14, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 7.77, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 430 (S.B. 1657), Sec. 1, eff. June 10, 2015.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.076, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter H. Tax and Revenue Anticipation Notes › Section 404.122. Cash Management Committee

Sec. 404.122.  CASH MANAGEMENT COMMITTEE.  The cash management committee is composed of the governor, lieutenant governor, speaker of the house of representatives, and comptroller. If the speaker of the house of representatives is not permitted by the Texas Constitution to serve as a voting member of the committee, the speaker of the house of representatives serves as a nonvoting member of the committee.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.09(a), eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1423, Sec. 7.78, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter H. Tax and Revenue Anticipation Notes › Section 404.123. Notes Authorized

Sec. 404.123.  NOTES AUTHORIZED.  (a)  In anticipation of a temporary cash shortfall in the general revenue fund during any fiscal year, the comptroller, subject to Section 404.124, may issue, sell, and deliver tax and revenue anticipation notes on behalf of the state.
(b)  The committee may impose a limit on the sum of the total amount of the notes outstanding and the total outstanding liability of the general revenue fund under Section 403.092.
(c)  Tax and revenue anticipation notes are not debts of the state within the meaning of any state constitutional prohibition.  The notes may be used solely to coordinate the state's cash flow within each fiscal biennium.
(d)  All notes must mature and be paid in full during the fiscal biennium in which they were issued.  The notes must be signed by the governor.
(e)  The notes are not subject to review by the Bond Review Board.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 53, Sec. 2.002, 2.006, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 4, Sec. 2.10(a), eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 426, Sec. 29, eff. June 9, 1995;  Acts 1997, 75th Leg., ch. 1423, Sec. 7.79, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.232, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1310, Sec. 28, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter H. Tax and Revenue Anticipation Notes › Section 404.125. Issuance of Notes

Sec. 404.125.  ISSUANCE OF NOTES.  (a)  The comptroller, consistent with the committee's determinations under Section 404.124, shall authorize the issuance, sale, and delivery of the notes by order.
(b)  Except as otherwise provided by this subsection, the proceeds of the notes shall be deposited in a special fund in the treasury called the tax and revenue anticipation note fund.  The comptroller may pay the costs of issuance of the notes from the fund and from time to time shall transfer the net proceeds to the general revenue fund to honor authorized expenditures from the general revenue fund.  The comptroller may invest any funds held in the tax and revenue anticipation note fund in the authorized investments described in Section 404.024 until used in accordance with this section.  Proceeds of a credit agreement may be deposited as directed by the comptroller pursuant to the order authorizing the credit agreement and may be applied to pay the principal of and interest on the notes.
(c)  In connection with the issuance of the notes, the comptroller may exercise the powers granted to the governing body of an issuer in connection with the issuance of obligations under Chapter 1371 to the extent not inconsistent with this section.  The notes are subject to review and approval by the attorney general in the same manner and with the same effect as is provided by that chapter.
(d)  The comptroller is an authorized issuer under Chapter 1201, and that chapter applies to the tax and revenue anticipation notes authorized in this subchapter.
(e)  Amounts in the tax and revenue anticipation note fund may be pledged to secure payment of the notes and performance of obligations under credit agreements relating to the notes and may be used to pay required rebates to the federal government.  The comptroller may make covenants to carry out the purposes of this subchapter and take other actions necessary, desirable, or appropriate to complete the issuance of the notes.  The state pledges to and agrees with the holders of any notes that the state will not limit or alter the rights vested in the comptroller to fulfill the terms of any agreements made with the holders, or in any way impair the rights and remedies of the holders, until the notes are fully discharged.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 53, Sec. 2.003, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1423, Sec. 7.81, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.233, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 404 - State Treasury Operations of Comptroller › Subchapter H. Tax and Revenue Anticipation Notes › Section 404.126. Fund Transfers; Interest; Payment of Notes

Sec. 404.126.  FUND TRANSFERS;  INTEREST;  PAYMENT OF NOTES.  (a)  Cash received from the collection of taxes and revenues credited to the general revenue fund during the fiscal biennium in which the notes are issued is available to restore the balance of the tax and revenue anticipation note fund.  The comptroller periodically shall transfer the cash to the fund to ensure the timely payment in full of the notes.  Transfers to the tax and revenue anticipation note fund under this subsection may not exceed the amount that has been transferred from that fund to the general revenue fund and has not been restored to the tax and revenue anticipation note fund.  The comptroller shall transfer surplus cash into the general revenue fund under Section 403.092, as is necessary to complete the transfers required by this section.
(b)  Notwithstanding any other provision of law, depository interest in the tax and revenue anticipation note fund shall be credited to that fund.  Depository interest shall be calculated and credited to the fund monthly as if transfers to the general revenue fund had not been made.
(c)  On payment in full of all outstanding notes, all required rebates to the federal government, and all costs of issuance of the notes, the comptroller shall transfer to the general revenue fund any amounts remaining in the tax and revenue anticipation note fund.  To the extent that the amounts credited to the tax and revenue anticipation note fund are insufficient to pay the principal, premium, if any, interest on the notes, and any required rebate to the federal government when due, and any issuance costs related to the notes, amounts in the general revenue fund are available for appropriation by the legislature to make those payments.  Amounts in the tax and revenue anticipation note fund are available for appropriation by the legislature to carry out the purposes of this subchapter.
(d)  Payment of the notes and performance of official duties prescribed by the state constitution and by this subchapter may be enforced in the state supreme court by mandamus or other appropriate proceeding.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 53, Sec. 2.004, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 4, Sec. 2.11(a), eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1423, Sec. 7.82, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 405 - Secretary of State › Subchapter A. General Provisions › Section 405.001. Office

Sec. 405.001.  OFFICE.  The secretary of state shall keep the office of secretary of state in Austin or if a session of the legislature is held in another place, in that place.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 405 - Secretary of State › Subchapter A. General Provisions › Section 405.004. Deputy Secretary of State

Sec. 405.004.  DEPUTY SECRETARY OF STATE.  (a)  The secretary of state shall appoint a deputy secretary of state who shall:
(1)  perform the duties prescribed by law for the secretary of state when the secretary of state is absent or unable to act; and
(2)  perform other duties required by the secretary of state.
(b)  The deputy secretary of state serves at the pleasure of the secretary of state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2005, 79th Leg., Ch. 41 (H.B. 297), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 405 - Secretary of State › Subchapter A. General Provisions › Section 405.005. Acceptance of Gifts, Grants, and Donations

Sec. 405.005.  ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS.  (a)  The secretary of state may accept or solicit gifts, grants, and donations of money or property on behalf of the state for any lawful public purpose related to the office or duties of the secretary of state.
(b)  The secretary of state may decline to accept a gift, grant, or donation that is made for a specific purpose if the secretary of state determines the gift may not be used reasonably or economically for the designated purpose.
(c)  The secretary of state shall ensure that any gift, grant, or donation accepted under Subsection (a) to perform a function of administering elections is equitably distributed throughout the state based on a percentage of the population of each county or another method determined by the secretary.
(d)  Not later than January 1 of each odd-numbered year, the secretary shall submit a report to the governor, the lieutenant governor, and the speaker of the house of representatives that includes a detailed summary of any gifts, grants, or donations described by Subsection (a) and the manner in which those amounts were expended in the administration of an election.
Added by Acts 1997, 75th Leg., ch. 365, Sec. 1, eff. May 27, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1000 (H.B. 2283), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 405 - Secretary of State › Subchapter B. Duties › Section 405.011. Official Documents

Sec. 405.011.  OFFICIAL DOCUMENTS.  (a)  The secretary of state shall arrange and preserve books, maps, parchments, records, documents, and papers properly deposited in the secretary of state's office and sealed with the state seal.
(b)  A copy of an original deposited under this section is as legal and conclusive in evidence in a state court as the original.
(c)  On request of the governor, the legislature, or a house of the legislature, the secretary of state shall furnish a copy of an original deposited under this section.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 297, Sec. 3, eff. Aug. 28, 1989.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 405 - Secretary of State › Subchapter B. Duties › Section 405.012. Exchanges

Sec. 405.012.  EXCHANGES.  (a)  The secretary of state shall send, as the secretary of state considers appropriate, copies of laws and judicial reports printed and published by order of the legislature at the expense of the state to:
(1)  the librarian of congress;
(2)  the United States secretary of state;
(3)  the United States secretary of the treasury;
(4)  the executive department of each state;  and
(5)  each foreign librarian or government with whom a system of library exchange is established.
(b)  Subject to the requirements of Subsection (c), the secretary of state, for the benefit of The University of Texas law library, shall exchange the reports of the supreme court, court of criminal appeals, and courts of appeals, state session laws and revised statutes, and other state publications and state department reports for similar material of the United States, other states, or foreign countries.
(c)  The secretary of state shall keep on hand a sufficient number of copies of state publications to meet the reasonable demands of the state.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 405 - Secretary of State › Subchapter B. Duties › Section 405.013. Court Reports

Sec. 405.013.  COURT REPORTS.  (a)  The secretary of state shall receive the printed and bound volumes of the Supreme Court Reports and the Reports of the Court of Criminal Appeals from the supreme court reporter.
(b)  The secretary of state may sell single copies of these reports for a price equal to the contract price for printing, excluding postage or express charges, and, after receiving the price for a volume, may send advance sheets of the volume as publishing progresses.
(c)  The secretary of state shall deliver money received from sales under this section to the comptroller and shall make a full statement of the sales in the secretary of state's biennial report.
(d)  The secretary of state shall deliver one copy of these reports to:
(1)  the governor;
(2)  the attorney general;
(3)  each appellate and district judge;
(4)  each county judge, for the use of the county;
(5)  each law professor of The University of Texas;  and
(6)  the librarian of The University of Texas.
(e)  The secretary of state shall deliver to each United States district judge for Texas one copy of these reports for each branch of the judge's court.
(f)  The secretary of state may not send more than one copy of a report to a person under Subsection (d) or (e) unless it is proved, as evidenced by certificate of the person requesting the additional copy, that the first copy of the report has been destroyed by fire or rendered valueless by long use.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.11, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 405 - Secretary of State › Subchapter B. Duties › Section 405.014. Acts of the Legislature

Sec. 405.014.  ACTS OF THE LEGISLATURE.  (a)  At each session of the legislature the secretary of state shall obtain the bills that have become law.  Immediately after the closing of each session of the legislature, the secretary of state shall bind all enrolled bills and resolutions in volumes on which the date of the session is placed.
(b)  As soon as practicable after the closing of each session of the legislature, the secretary of state shall publish and maintain electronically the bills enacted at that session.  The electronic publication must be:
(1)  indexed by bill number and assigned chapter number for each bill; and
(2)  made available by an electronic link on the secretary of state's generally accessible Internet website.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 297, Sec. 4, eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., 2nd C.S., ch. 8, Sec. 2.48, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 20.01, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 405 - Secretary of State › Subchapter B. Duties › Section 405.015. Receiving Officer

Sec. 405.015.  RECEIVING OFFICER.  When an officer receives a copy of a report, statute, digest, or journal, the officer shall give a receipt to the distributing officer, who shall file the receipt in his office.  This material is the property of the receiving officer's office and is open to inspection by the public at all reasonable hours.  An officer who does not deliver the material to the successor to the office is liable to the successor for the cost of replacing the material.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 405 - Secretary of State › Subchapter B. Duties › Section 405.016. Commission

Sec. 405.016.  COMMISSION.  The secretary of state is not required to send copies of laws to or attest the authority of a state officer who does not take out the officer's commission.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 405 - Secretary of State › Subchapter B. Duties › Section 405.017. Miscellaneous Duties

Sec. 405.017.  MISCELLANEOUS DUTIES.  The secretary of state shall:
(1)  affix the state seal to all official documents issued from the secretary of state's office;
(2)  unless provided otherwise by law, commission state officers;
(3)  keep a register of all state officers;
(4)  immediately on receipt, deliver to the person in charge of the state library all books, maps, charts, printed volumes of the laws of a nation, territory, or another state, or other political or miscellaneous publications received in the secretary of state's office;
(5)  immediately on receipt, deliver to the supreme court librarian reports of courts of a nation, territory, or another state received in the secretary of state's office; and
(6)  perform such other and further duties as may be directed by the governor.
Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 297, Sec. 5, eff. Aug. 28, 1989;  Acts 1995, 74th Leg., ch. 961, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 907 (S.B. 792), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle A - Executive Officers › Chapter 405 - Secretary of State › Subchapter B. Duties › Section 405.018. Computer Information

Sec. 405.018.  COMPUTER INFORMATION.  (a)  The secretary of state may establish a system to provide access by electronic data transmittal processes to information that is:
(1)  stored in state computer record banks maintained by the secretary of state;
(2)  not classified as confidential under a statute or court decision; and
(3)  not maintained by the secretary of state under:
(A)  Chapter 572;
(B)  Title 15, Election Code;  or
(C)  Chapter 305, Government Code.
(b)  The secretary of state may:
(1)  develop computer software to facilitate the discharge of the constitutional and statutory duties of the office;  and
(2)  enter agreements to transfer the software on the terms and conditions specified in the agreements.
(c)  Computer software developed under Subsection (b) shall be reviewed and certified by the Automated Information and Telecommunications Council.
(d)  The secretary of state shall set and charge a fee for access to information under Subsection (a) in an amount reasonable and necessary to cover the costs of establishing and administering the system under that subsection.  The secretary of state may assess a reasonable fee for a transfer of software under Subsection (b).
(e)  The secretary of state may set and charge a fee for access to public information through telephone information banks in an amount reasonable and necessary to cover the costs of providing the information.  The secretary of state may contract with a third party to provide the telephone service and to bill the users of the service.
Added by Acts 1989, 71st Leg., ch. 4, Sec. 2.12(a), eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 3.01(a), eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(40), eff. Sept. 1, 1995.