2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 15 - Texas Water Assistance Program › Subchapter G. State Water Implementation Fund for Texas › Section 15.433. Management and Investment of Fund

Sec. 15.433.  MANAGEMENT AND INVESTMENT OF FUND.  (a)  The trust company shall hold and invest the fund, and any accounts established in the fund, for and in the name of the board, taking into account the purposes for which money in the fund may be used.  The fund may be invested with the state treasury pool.
(b)  The overall objective for the investment of the fund is to maintain sufficient liquidity to meet the needs of the fund while striving to preserve the purchasing power of the fund.
(c)  The trust company has any power necessary to accomplish the purposes of managing and investing the assets of the fund.  In managing the assets of the fund, through procedures and subject to restrictions the trust company considers appropriate, the trust company may acquire, exchange, sell, supervise, manage, or retain any kind of investment that a prudent investor, exercising reasonable care, skill, and caution, would acquire or retain in light of the purposes, terms, distribution requirements, and other circumstances of the fund then prevailing, taking into consideration the investment of all the assets of the fund rather than a single investment.
(d)  The trust company may charge fees to cover its costs incurred in managing and investing the fund.  The fees must be consistent with the fees the trust company charges other state and local governmental entities for which it provides investment management services.  The trust company may recover fees it charges under this subsection only from the earnings of the fund.
(e)  The trust company annually shall provide a written report to the board and to the advisory committee with respect to the investment of the fund.  The trust company shall contract with a certified public accountant to conduct an independent audit of the fund annually and shall present the results of each annual audit to the board and to the advisory committee.  This subsection does not affect the state auditor's authority to conduct an audit of the fund under Chapter 321, Government Code.
(f)  The trust company shall adopt a written investment policy that is appropriate for the fund.  The trust company shall present the investment policy to the investment advisory board established under Section 404.028, Government Code.  The investment advisory board shall submit to the trust company recommendations regarding the policy.
(g)  The board annually shall provide to the trust company a forecast of the cash flows into and out of the fund.  The board shall provide updates to the forecasts as appropriate to ensure that the trust company is able to achieve the objective specified by Subsection (b).
(h)  The trust company shall disburse money from the fund as directed by the board.  The board shall direct disbursements from the fund on a semiannual schedule specified by the board and not more frequently than twice in any state fiscal year.
(i)  An investment-related contract entered into under this section is not subject to Chapter 2260, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 207 (H.B. 4), Sec. 2.02, eff. November 5, 2013.