CHAPTER 404. STATE TREASURY OPERATIONS OF COMPTROLLER

GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE A. EXECUTIVE OFFICERS

CHAPTER 404. STATE TREASURY OPERATIONS OF COMPTROLLER

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 404.001. DEFINITIONS. In this chapter:

(1) Repealed by Acts 1997, 75th Leg., ch. 891, Sec. 3.22(2),

eff. Sept. 1, 1997.

(2) "Demand deposit" means a deposit that is payable on demand.

(3) "Direct security repurchase agreement" means an agreement

under which the state buys, holds for a specified time, and then

sells back any of the following securities, obligations, or

participation certificates:

(A) United States government securities;

(B) direct obligations of or obligations the principal and

interest of which are guaranteed by the United States; or

(C) direct obligations of or obligations guaranteed by agencies

or instrumentalities of the United States government.

(4) "Market value" means the fair and reasonable prevailing

price at which a security is being sold on the open market at the

time of the appraisement of the security by the comptroller.

(5) "Reverse security repurchase agreement" means an agreement

under which the state sells and after a specified time buys back

any of the securities, obligations, or participation certificates

listed in Paragraphs (A) through (C), Subdivision (3).

(6) "State depository" means an institution designated as a

state depository under Subchapter C.

(7) "Time deposit" means a deposit for which there is in force a

contract providing that neither the whole nor a part of the

deposit may be withdrawn by check or otherwise before the

expiration of the period of notice that must be given in writing

in advance of a withdrawal.

(8) "Treasury" means state funds subject to the custody and

control of the comptroller and available for appropriation by the

legislature.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.05(a), eff. Sept.

1, 1989; Acts 1989, 71st Leg., ch. 78, Sec. 1, eff. May 11, 1989;

Acts 1993, 73rd Leg., ch. 939, Sec. 1, eff. Aug. 30, 1993; Acts

1997, 75th Leg., ch. 891, Sec. 3.22(2), eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 1423, Sec. 7.27, eff. Sept. 1, 1997.

Sec. 404.0011. TRANSFER OF TREASURER'S POWERS AND DUTIES. (a)

The powers and duties of the state treasurer under this chapter

or other law are transferred to the comptroller.

(b) A reference in law to the state treasurer is a reference to

the comptroller.

(c) If the state treasurer and the comptroller or their

respective designees are both ex officio members of a committee

or governing body under law, the transfer of the powers and

duties under this section does not give the comptroller more than

one vote or position on the committee or governing body. If the

state treasurer and the comptroller both have the power to

appoint members to a committee under law, the transfer of the

powers and duties under this section does not allow the

comptroller to exercise the power of appointment given to the

treasurer under law in addition to the power of appointment given

to the comptroller under law. If the state treasurer and the

comptroller both have the power to appoint members to a governing

body under law, the comptroller may exercise the power of

appointment given to the treasurer under law in addition to the

power of appointment given to the comptroller under law only if

the members of the governing body serve six-year terms and the

composition of the governing body is subject to Section 30a,

Article XVI, Texas Constitution.

(d) The comptroller may contract with a private entity to

perform an activity transferred under this section as long as the

activity is not solely a sovereign function of the state.

Added by Acts 1995, 74th Leg., ch. 992, Sec. 1, eff. Sept. 1,

1996.

SUBCHAPTER B. STATE DEPOSITORY BOARD

Sec. 404.013. RULES. The comptroller may adopt and enforce

rules governing the establishment and conduct of state

depositories and the investment of state funds in the

depositories that the public interest requires and that are not

inconsistent with the law governing the depositories.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1993, 73rd Leg., ch. 939, Sec. 2, eff. Aug. 30,

1993; Acts 1997, 75th Leg., ch. 891, Sec. 3.03, eff. Sept. 1,

1997.

SUBCHAPTER C. STATE DEPOSITORIES AND INVESTMENT OF STATE FUNDS

Sec. 404.021. ELIGIBLE INSTITUTIONS. (a) Any state or national

bank doing business in the state may be designated by the

comptroller as a state depository. Designation of a bank as a

depository includes all of the bank's branches within the state.

(b) Any savings and loan association doing business in the state

may be designated by the comptroller as a state depository.

(c) Any state or federal credit union doing business in the

state may be designated by the comptroller as a state depository.

(d) Deposits of eligible institutions designated as state

depositories must be covered by the Federal Deposit Insurance

Corporation or the National Credit Union Share Insurance Fund.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 78, Sec. 2, eff. May 11,

1989; Acts 1995, 74th Leg., ch. 426, Sec. 1, eff. June 9, 1995;

Acts 1997, 75th Leg., ch. 891, Sec. 3.04, eff. Sept. 1, 1997.

Sec. 404.0211. CONFLICT OF INTEREST. A bank is not disqualified

from serving as a depository for funds of a state agency if:

(1) an officer or employee of the agency who does not have the

duty to select the agency's depository is an officer, director,

or shareholder of the bank; or

(2) one or more officers or employees of the agency who have the

duty to select the agency's depository are officers or directors

of the bank or own or have a beneficial interest, individually or

collectively, in 10 percent or less of the outstanding capital

stock of the bank, if:

(A) a majority of the members of the board, commission, or other

body of the agency vote to select the bank as a depository; and

(B) the interested officer or employee does not vote or take

part in the proceedings.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 19, eff. Sept. 1,

1993.

Sec. 404.0212. DEPOSITORY RATING UNDER CERTAIN FEDERAL LAW. (a)

In this section, "regulated financial institution" has the

meaning assigned by 12 U.S.C. Section 2902.

(b) A regulated financial institution that accepts a deposit

from the comptroller shall report to the comptroller the rating

assigned to the financial institution under 12 U.S.C. Section

2906.

(c) A regulated financial institution shall make a report

required by this section:

(1) annually, not later than August 1 of each year; and

(2) not later than the 30th day after the date the financial

institution is notified that the assigned rating has been

changed.

(d) The comptroller may not select as a depository a regulated

financial institution for which the entire institution has been

assigned a rating below "outstanding record of meeting community

credit needs" or "satisfactory record of meeting community credit

needs" under 12 U.S.C. Section 2906. However, the comptroller

shall establish criteria to determine whether a financial

institution doing business in this state and other states has a

satisfactory record of meeting community credit needs in this

state.

(e) On receipt of notice that the rating of a financial

institution is changed to a rating below that required by this

section, the comptroller shall take immediate action to transfer

all state funds subject to the custody or control of the

comptroller that are on deposit with the institution to a

qualified financial institution.

(f) The depository contract between a regulated financial

institution and the comptroller must authorize the withdrawal

without penalty of the state funds subject to the custody or

control of the comptroller that are on deposit with the

institution if the rating of the institution is changed to a

rating below that required by Subsection (d).

Added by Acts 1995, 74th Leg., ch. 426, Sec. 2, eff. June 9,

1995. Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.05, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 7.29, eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 847, Sec. 1, eff. Sept.

1, 1999.

Sec. 404.022. APPLICATIONS. (a) The comptroller, not later

than the first business day in June of each odd-numbered year,

shall mail to each eligible institution a letter stating the

conditions with which applicants for designation as a state

depository must comply. The comptroller shall keep on file in the

comptroller's office and make available for inspection by any

person a list of institutions to which letters have been sent.

(b) The application for designation as a state depository must

include a statement:

(1) of the amount of the applicant's paid capital stock and

permanent surplus, if any;

(2) of the maximum amount of state time deposits the applicant

will accept;

(3) of the applicant's condition according to the most recent

financial statement on the date the application is submitted; and

(4) that the books and accounts of the institution, if it is

designated as a state depository, will be open at all times for

inspection by the comptroller or a representative of the

comptroller.

(c) An application shall be mailed to the comptroller at Austin

and must be received before noon on the first business day of

August of the year in which the letter is sent. An application

received after that time may be considered at the option of the

comptroller. The comptroller may charge a processing fee of $25

for each application and shall deposit the fees to the credit of

the general revenue fund.

(d) On receipt of an application under this section, the

comptroller shall endorse on the application the date of its

receipt. The comptroller shall prepare a list of the names of the

applicants and the amount for which each has applied.

(e) The comptroller may approve those applicants that are

acceptable and may reject those whose management or condition, in

the opinion of the comptroller, does not warrant the placing of

state funds in their possession.

(f) The designation as a state depository is effective for a

period of not more than two years.

(g) As soon as practicable after the comptroller has made its

designations, the comptroller shall inform applicants whether

they have been designated as state depositories.

(h) The comptroller may execute a simplified version of a

depository agreement with an eligible institution desiring to

hold $98,000 or less in state deposits that are fully insured by

the Federal Deposit Insurance Corporation or the National Credit

Union Share Insurance Fund.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1995, 74th Leg., ch. 426, Sec. 3, eff. June 9,

1995; Acts 1997, 75th Leg., ch. 891, Sec. 3.06, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 1423, Sec. 7.30, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 847, Sec. 2, eff. Sept. 1, 1999.

Sec. 404.0221. ELIGIBLE COLLATERAL. (a) In this section,

"public agency" means a board, authority, agency, department,

commission, political subdivision, municipal corporation,

district, public corporation, body politic, instrumentality of

this state, or any other type of political or governmental entity

of this state.

(b) For the purposes of Section 404.022, collateral eligible to

be pledged with the comptroller to secure state deposits

includes:

(1) direct obligations of or obligations the principal and

interest of which are guaranteed by the United States government;

(2) direct obligations of or obligations guaranteed by agencies

or instrumentalities of the United States government, including

letters of credit; and

(3) a general or special obligation issued by a public agency

and approved by the attorney general that is payable from taxes,

revenues, or both.

(c) If pledged collateral consists of securities with a

declining principal balance, the market value of the collateral

pledged may not be less than 125 percent of the amount of the

state deposits to be secured.

(d) Eligible collateral includes only:

(1) a security with fixed, stated rates; or

(2) a letter of credit described by Subsection (b)(2) for a

stated amount.

(e) A loss sustained by a depository that has secured its

deposits by collateral may be enforced against the collateral.

(f) The comptroller may reject at any time collateral tendered

by a state depository without assigning a reason for the

rejection, and the comptroller's action is final and not subject

to review.

(g) Collateral is not required for deposits to the extent that

the deposits are insured by the Federal Deposit Insurance

Corporation or the National Credit Union Share Insurance Fund.

Added by Acts 1995, 74th Leg., ch. 426, Sec. 4, eff. June 9,

1995. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 7.31, eff.

Sept. 1, 1997; Acts 2003, 78th Leg., ch. 159, Sec. 1, eff. Sept.

1, 2003.

Sec. 404.023. DESIGNATION. The comptroller shall designate one

or more state depository banks that have main offices or branches

in centrally located cities in this state to be used for clearing

checks and other obligations due the state.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.07, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 344, Sec. 5.003, eff. Sept. 1,

1999; Acts 1999, 76th Leg., ch. 847, Sec. 3, eff. Sept. 1, 1999.

Sec. 404.024. AUTHORIZED INVESTMENTS. (a) The comptroller may

determine and designate the amount of state funds to be deposited

in time deposits in state depositories. The percentage of state

funds to be deposited in state depositories shall be based on the

interest rates available in competing investments, the demand for

funds from Texas banks, and the state's liquidity requirements.

(b) State funds not deposited in state depositories shall be

invested by the comptroller in:

(1) direct security repurchase agreements;

(2) reverse security repurchase agreements;

(3) direct obligations of or obligations the principal and

interest of which are guaranteed by the United States;

(4) direct obligations of or obligations guaranteed by agencies

or instrumentalities of the United States government;

(5) bankers' acceptances that:

(A) are eligible for purchase by the Federal Reserve System;

(B) do not exceed 270 days to maturity; and

(C) are issued by a bank whose other comparable short-term

obligations are rated in the highest short-term rating category,

within which there may be subcategories or gradations indicating

relative standing, including such subcategories or gradations as

"rating category" or "rated," by a nationally recognized

statistical rating organization, as defined by Rule 2a-7 (17

C.F.R. Section 270.2a-7), promulgated under the Investment

Company Act of 1940 by the Securities and Exchange Commission;

(6) commercial paper that:

(A) does not exceed 270 days to maturity; and

(B) except as provided by Subsection (i), is issued by an entity

whose other comparable short-term obligations are rated in the

highest short-term rating category by a nationally recognized

statistical rating organization;

(7) contracts written by the treasury in which the treasury

grants the purchaser the right to purchase securities in the

treasury's marketable securities portfolio at a specified price

over a specified period and for which the treasury is paid a fee

and specifically prohibits naked-option or uncovered option

trading;

(8) direct obligations of or obligations guaranteed by the

Inter-American Development Bank, the International Bank for

Reconstruction and Development (the World Bank), the African

Development Bank, the Asian Development Bank, and the

International Finance Corporation that have received the highest

long-term rating categories for debt obligations by a nationally

recognized statistical rating organization;

(9) bonds issued, assumed, or guaranteed by the State of Israel;

(10) obligations of a state or an agency, county, city, or other

political subdivision of a state;

(11) mutual funds secured by obligations that are described by

Subdivisions (1) through (6) or by obligations consistent with

Rule 2a-7 (17 C.F.R. Section 270.2a-7), promulgated by the

Securities and Exchange Commission, including pooled funds:

(A) established by the Texas Treasury Safekeeping Trust Company;

(B) operated like a mutual fund; and

(C) with portfolios consisting only of dollar-denominated

securities;

(12) foreign currency for the sole purpose of facilitating

investment by state agencies that have the authority to invest in

foreign securities;

(13) asset-backed securities, as defined by the Securities and

Exchange Commission in Rule 2a-7 (17 C.F.R. Section 270.2a-7),

that are rated at least A or its equivalent by a nationally

recognized statistical rating organization and that have a

weighted-average maturity of five years or less; and

(14) corporate debt obligations that are rated at least A or its

equivalent by a nationally recognized statistical rating

organization and mature in five years or less from the date on

which the obligations were "acquired," as defined by the

Securities and Exchange Commission in Rule 2a-7 (17 C.F.R.

Section 270.2a-7).

(c) Investments in direct security repurchase agreements and

reverse security repurchase agreements may be made with state or

national banks doing business in this state or with primary

dealers as approved by the Federal Reserve System.

Notwithstanding any other law, the term of any reverse security

repurchase agreement may not exceed 90 days after the date the

reverse security repurchase agreement is delivered. Money

received under the terms of a reverse security repurchase

agreement may be used to acquire additional authorized

investments, but the term of the authorized investments acquired

must mature not later than the expiration date stated in the

reverse security repurchase agreement.

(d) The comptroller may contract with a depository for the

payment of interest on time or demand deposits at a rate not to

exceed a rate that is lawful under an Act of Congress and rules

and regulations of the board of governors of the Federal Reserve

System, the board of directors of the Federal Deposit Insurance

Corporation, the National Credit Union Administration Board, and

the Federal Home Loan Banking Board.

(e) The treasury may not purchase any of the following types of

investments:

(1) obligations the payment of which represents the coupon

payments on the outstanding principal balance of the underlying

mortgage-backed security collateral and pays no principal;

(2) obligations the payment of which represents the principal

stream of cash flow from the underlying mortgage-backed security

collateral and bears no interest;

(3) collateralized mortgage obligations that have a stated final

maturity date of greater than 10 years; and

(4) collateralized mortgage obligations the interest rate of

which is determined by an index that adjusts opposite to the

changes in a market index.

(f) The comptroller by rule may define derivative investments

other than those described by Subsection (e). The treasury may

not purchase investments defined by rule adopted under this

subsection in an amount that at the time of purchase will cause

the aggregate value of the investments to exceed five percent of

the treasury's total investments.

(g) To the extent practicable, the comptroller shall give first

consideration to banks that maintain main offices or branch

offices in this state when investing in direct security

repurchase agreements.

(h) The comptroller may not use state funds to invest in or

purchase obligations of a private corporation or other private

business entity doing business in Northern Ireland unless the

corporation or other entity:

(1) adheres to fair employment practices; and

(2) does not discriminate on the basis of race, color, religion,

sex, national origin, or disability.

(i) Notwithstanding Subsection (b)(6)(B), the comptroller may

purchase commercial paper with a rating lower than the rating

required by that paragraph to provide liquidity for commercial

paper issued by the comptroller or an agency of the state.

(j) If the comptroller is required by law to invest funds other

than as provided by this section, and if other law does not

establish a conflicting standard governing that investment, the

comptroller shall invest those funds under the restrictions and

procedures for making the investments that persons of ordinary

prudence, discretion, and intelligence, exercising the judgment

and care under the prevailing circumstances, would follow in the

management of their own affairs, not in regard to speculation but

in regard to the permanent disposition of their funds,

considering the probable income as well as the probable safety of

their capital.

(k) The comptroller may contract with private professional

investment managers to assist the comptroller in investing funds

under the care, custody, and control of the comptroller.

(l) The comptroller may lend securities under procedures

established by the comptroller. The procedures must be

consistent with industry practice and must include a requirement

to fully secure the loan with cash, obligations described by

Subsections (b)(1)-(6), or a combination of cash and the

described obligations. Notwithstanding any law to the contrary,

cash may be reinvested in the items permitted under Subsection

(b) or mutual funds, as defined by the Securities and Exchange

Commission in Rule 2a-7 (17 C.F.R. Section 270.2a-7).

(m) In entering into a direct security repurchase agreement or a

reverse security repurchase agreement, the comptroller may agree

to accept cash on an overnight basis in lieu of the securities,

obligations, or participation certificates identified in Section

404.001(3). Cash held by the state under this subsection is not a

deposit of state or public funds for purposes of any statute,

including this subchapter or Subchapter D, that requires a

deposit of state or public funds to be collateralized by eligible

securities.

(n) Notwithstanding any other law to the contrary, any

government investment pool created to function as a money market

mutual fund and managed by the comptroller or the Texas Treasury

Safekeeping Trust Company may invest the funds it receives in

investments that are "eligible securities," as defined by the

Securities and Exchange Commission in Rule 2a-7 (17 C.F.R.

Section 270.2a-7), if it maintains a dollar-weighted average

portfolio maturity of 90 days or less, with the maturity of each

portfolio security calculated in accordance with Rule 2a-7 (17

C.F.R. Section 270.2a-7), and meets the diversification

requirements of Rule 2a-7.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 53, Sec. 2.005,

eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 4, Sec. 2.06(a),

eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 78, Sec. 3, eff.

May 11, 1989; Acts 1991, 72nd Leg., ch. 408, Sec. 2, eff. Aug.

26, 1991; Acts 1993, 73rd Leg., ch. 858, Sec. 2, eff. June 18,

1993; Acts 1993, 73rd Leg., ch. 939, Sec. 3, eff. Aug. 30, 1993;

Acts 1995, 74th Leg., ch. 265, Sec. 1, eff. Aug. 28, 1995; Acts

1995, 74th Leg., ch. 426, Sec. 5, eff. June 9, 1995; Acts 1997,

75th Leg., ch. 891, Sec. 3.08, eff. Sept. 1, 1997; Acts 1997,

75th Leg., ch. 1311, Sec. 4, eff. Sept. 1, 1997; Acts 1997, 75th

Leg., ch. 1423, Sec. 7.32, eff. Sept. 1, 1997; Acts 1999, 76th

Leg., ch. 62, Sec. 8.05, eff. Sept. 1, 1999; Acts 1999, 76th

Leg., ch. 344, Sec. 5.004, eff. Sept. 1, 1999; Acts 1999, 76th

Leg., ch. 847, Sec. 4, eff. Sept. 1, 1999; Acts 2003, 78th Leg.,

ch. 1310, Sec. 25, eff. June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

834, Sec. 5, eff. September 1, 2007.

Sec. 404.0245. CRUDE OIL AND NATURAL GAS FUTURES CONTRACTS. (a)

In this section, "hedging" means the buying and selling of crude

oil and natural gas commodity futures or options on crude oil and

natural gas commodity futures as a protection against loss due to

price fluctuations. Hedging at all times shall comply with

Commodity Futures Trading Commission regulations.

(b) Subject to the limitations of Subsection (c), the

comptroller may determine and designate the amount of state funds

that shall be invested by the comptroller in hedging transactions

in crude oil and natural gas futures contracts and options on

crude oil and natural gas futures contracts that are traded on an

established exchange regulated by the Securities and Exchange

Commission or the Commodity Futures Trading Commission.

(c) The principal amount of state funds invested and outstanding

in hedging transactions on any one day may not exceed $500,000

with a maximum risk of loss of $5,000,000 in a biennium. The

total principal amount of state funds that may be invested by the

comptroller in hedging transactions during any one biennium may

not exceed the amount of money credited to the unclaimed money

fund for that biennium and attributable to the remittance of

mineral proceeds under Chapter 75, Property Code. Any premium

incurred in connection with hedging transactions may be paid only

from funds appropriated for that purpose.

(d) The comptroller shall invest state funds in crude oil and

natural gas futures contracts or options on crude oil and natural

gas futures contracts under the restrictions and procedures for

making investments that persons of ordinary prudence, discretion,

and intelligence, exercising the judgment and care under the

circumstances then prevailing, would follow in the management of

their own affairs, not in regard to speculation but in regard to

the permanent disposition of their funds, considering the

probable income as well as the probable safety of their capital.

The investments may be made only for hedging purposes.

(e), (f) Repealed by Acts 1995, 74th Leg., ch. 426, Sec. 32, eff.

June 9, 1995.

Added by Acts 1991, 72nd Leg., ch. 871, Sec. 1, eff. June 16,

1991. Amended by Acts 1993, 73rd Leg., ch. 939, Sec. 4, eff. Aug.

30, 1993; Acts 1995, 74th Leg., ch. 426, Sec. 6, 32, eff. June 9,

1995; Acts 1997, 75th Leg., ch. 891, Sec. 3.09, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 1423, Sec. 7.33, eff. Sept. 1,

1997.

Sec. 404.026. ELEEMOSYNARY FUNDS. The comptroller may invest

the permanent funds of the Texas School for the Blind and

Visually Impaired, Texas School for the Deaf, Austin State

Hospital, and Corsicana State Home and may invest other permanent

funds, the investment of which is not otherwise provided for,

that have $1,000 or more on deposit with the comptroller that are

not invested. The comptroller shall invest the funds in the same

classes of bonds as are authorized for investment of the

permanent school fund.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 247, Sec. 15, eff. June 14,

1989; Acts 1997, 75th Leg., ch. 891, Sec. 3.10, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 1423, Sec. 7.34, eff. Sept. 1,

1997.

Sec. 404.027. LIQUIDITY. (a) The comptroller may enter into

credit agreements or other similar agreements to provide

liquidity for obligations issued for governmental purposes by an

agency of the state if the agreements do not conflict with the

liquidity needs of the treasury. An agency may enter into a

credit agreement with the comptroller on the issuance of

obligations or at a later date as agreed to by the comptroller

and the agency.

(b) The comptroller may charge reasonable costs to provide

services under this section.

(c) In this section:

(1) "Credit agreement" has the meaning assigned by Section

1371.001.

(2) "Obligations" include commercial paper, variable rate demand

obligations, and "public securities" as defined by Section

1201.002.

Added by Acts 1993, 73rd Leg., ch. 939, Sec. 5, eff. Aug. 30,

1993. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 7.35, eff.

Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1420, Sec. 8.230, eff.

Sept. 1, 2001.

Sec. 404.028. INVESTMENT ADVISORY BOARD. (a) The comptroller

shall establish an investment advisory board to advise the

comptroller regarding investments that the comptroller makes

under this subchapter or other law. For purposes of this section,

the deposit of state funds in a state depository is not

considered an investment.

(b) The comptroller shall appoint members to the advisory board

who possess the expertise appropriate for advising the

comptroller with regard to one or more types of investments that

the comptroller may make.

(c) The comptroller shall determine the number of members of the

advisory board. A member serves on the advisory board at the will

of the comptroller.

(d) Chapter 2110 does not apply to the size, composition, or

duration of the advisory board.

Added by Acts 2001, 77th Leg., ch. 282, Sec. 1, eff. Sept. 1,

2001.

SUBCHAPTER D. COLLATERAL, DEPOSITS, AND WITHDRAWALS

Sec. 404.031. COLLATERAL REQUIREMENTS. (a) The comptroller may

deposit state funds with a depository only if the depository has

pledged with the comptroller eligible investment securities

acceptable to the comptroller in an amount not less than the

amount of deposits to be secured. The comptroller shall determine

the market value of securities pledged to secure state funds for

the purpose of determining the adequacy of the amount of

collateral. The comptroller's valuation of the securities is

final and not subject to review.

(b) If the market value of the securities pledged by a

depository becomes less than the amount of funds on deposit in

the depository, the comptroller shall require that additional

collateral be pledged immediately or deposits reduced. If the

collateral pledged by a state depository is in excess of the

amount required by this chapter, the comptroller may permit the

release of the excess collateral. If the balance of state funds

in a state depository is increased, the depository shall increase

the collateral for the deposits to the amount required by this

chapter.

(c) A state depository may substitute one group of eligible

securities for another group of securities pledged with the

comptroller.

(d) Except as provided by Subsections (e) and (f), a state

depository shall deposit any pledged securities with the

comptroller. The comptroller shall give the depository a receipt

for the securities and place them in the vaults of the treasury.

(e) Instead of depositing pledged securities with the

comptroller, a depository may deposit them with a custodian. The

custodian may be the (i) Texas Treasury Safekeeping Trust

Company, (ii) a state or national bank that has a capital stock

and permanent surplus of not less than $5 million, is a state

depository, and has been designated as a custodian by the

comptroller, or (iii) a financial institution authorized to

exercise fiduciary powers that has a capital stock and permanent

surplus of not less than $5 million, has its main office, branch

office, or a trust office in this state, and has been designated

as a custodian by the comptroller. For purposes of this

subsection, "financial institution" has the meaning assigned by

Section 201.101(1), Finance Code. The comptroller may designate

those custodial applicants that are acceptable and may reject

those whose management or condition, in the opinion of the

comptroller, do not warrant the placing of securities pledged by

state depositories. The comptroller may adopt and enforce rules

governing the designation and conduct of custodians with respect

to the acceptance and holding of securities pledged by state

depositories that the public interest requires and that are not

inconsistent with the law governing custodians as set forth in

this chapter. The state depository and the custodian of

securities pledged by that state depository may not be the same

bank or be owned by the same bank holding company. The

securities shall be held in trust by the custodian to secure

funds deposited by the comptroller in the state depository

pledging the securities. On receipt of the securities, the

custodian shall immediately, by book entry or otherwise, identify

on its books and records the pledge of the securities and shall

promptly issue and deliver to the comptroller controlled trust

receipts for the securities pledged. The security evidenced by

the trust receipts is subject to inspection by the comptroller at

any time. The depository pledging the securities shall pay the

charges, if any, of the custodian bank for accepting and holding

the securities. The custodian, acting alone or through a

permitted institution, is for all purposes under state law and

notwithstanding Chapters 8 and 9, Business & Commerce Code,

the bailee or agent of the comptroller. The security interest

arising out of a pledge of securities to secure deposits of the

state is created, attaches, and is perfected for all purposes

under state law from the time the custodian identifies the pledge

of the securities on its books and records and issues the trust

receipts. The security interest remains perfected as of that

time in the hands of all subsequent custodians and permitted

institutions.

(f) Instead of depositing pledged securities with the

comptroller, a state depository may deposit pledged securities

with a Federal Reserve Bank or a Federal Home Loan Bank. The

securities shall be held by the bank to secure funds deposited by

the comptroller in the state depository pledging the securities.

When the pledged securities are deposited, the bank may apply

book entry to the securities. The records of the bank shall at

all times reflect the name of the state depository depositing the

pledged securities, and the bank shall issue an advice of

transaction to the comptroller and the state depository pledging

the securities.

(g) In this section, "permitted institution" means a Federal

Reserve Bank, a Federal Home Loan Bank, a "clearing corporation"

as defined by Section 8.102, Business & Commerce Code, the

Texas Treasury Safekeeping Trust Company, a state depository, and

any state or nationally chartered bank or trust company that is

controlled by a bank holding company that controls a state

depository. Neither the state depository that pledges the

securities nor any bank that is controlled by a bank holding

company that controls that state depository may be the permitted

institution with respect to the particular securities pledged by

that state depository. A custodian holding in trust securities of

a state depository under Subsections (e) and (f) may deposit the

pledged securities with a permitted institution if the permitted

institution is the third party to the transaction. The securities

shall be held by the permitted institution to secure funds

deposited by the comptroller in the state depository pledging the

securities. On receipt of the securities, the permitted

institution shall immediately issue to the custodian an advice of

transaction or other document evidencing the deposit of the

securities. When the pledged securities held by a custodian are

deposited, the permitted institution may apply book entry

procedures to the securities. The records of the permitted

institution shall at all times reflect the name of the custodian

depositing the pledged securities. The custodian shall

immediately issue and deliver to the comptroller controlled trust

receipts for the pledged securities. The trust receipts shall

indicate that the custodian has deposited with the permitted

institution the pledged securities held in trust for the state

depository pledging the securities. A legal action or proceeding

brought by or against the state, arising out of or in connection

with the duties of the state depository, the custodian, or other

permitted institution under this subchapter must be brought and

maintained in state district court in Travis County. In this

section, "control" and "bank holding company" have the meanings

assigned by Section 31.002(a), Finance Code.

(h) On request of the owner or owners, the comptroller or

custodian bank may surrender interest coupons or other evidence

of interest on securities deposited by state depositories, when

the interest is due, if the securities are sufficient to meet the

collateral requirements of the state.

(i) A state depository making deposits of securities with the

comptroller may cause the securities to be endorsed or stamped,

as it considers proper, to show that they are deposited as

collateral and not transferable except as provided by this

chapter.

(j) If a state depository fails to credit a deposit or part of a

deposit made by the comptroller, the comptroller may immediately

sell or otherwise convert the securities to money.

(k) Repealed by Acts 1997, 75th Leg., ch. 891, Sec. 3.22(3),

eff. Sept. 1, 1997.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 78, Sec. 4, eff. May 11,

1989; Acts 1993, 73rd Leg., ch. 945, Sec. 1, eff. Aug. 30, 1993;

Acts 1995, 74th Leg., ch. 426, Sec. 8, 9, eff. June 9, 1995; Acts

1997, 75th Leg., ch. 891, Sec. 3.22(3), eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 1423, Sec. 7.36, eff. Sept. 1, 1997; Acts

1999, 76th Leg., ch. 62, Sec. 7.58, eff. Sept. 1, 1999; Acts

1999, 76th Leg., ch. 344, Sec. 5.005, eff. Sept. 1, 1999; Acts

1999, 76th Leg., ch. 847, Sec. 5, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

486, Sec. 2, eff. September 1, 2009.

Sec. 404.032. DEPOSITS. (a) The comptroller shall deposit

state funds in depositories that satisfy the collateral

requirements of this chapter. The comptroller may deposit funds

designated as demand deposits only in institutions designated as

depositories by the comptroller.

(b) The comptroller shall monitor the financial stability of

state depositories in which state deposits are held and take

appropriate action to protect state funds.

(c) A state depository shall collect all checks, drafts, and

demands for money deposited with it by the comptroller. If the

depository uses due diligence, it is not liable for the

collections until the proceeds of the collections are duly

received by the depository bank. An expense incurred in

collection that the depository is not permitted to pay by reason

of an Act of Congress or a rule or regulation adopted under such

an Act by the board of governors of the Federal Reserve System or

the board of directors of the Federal Deposit Insurance

Corporation shall be charged to and paid by the comptroller out

of money appropriated by the legislature for that purpose.

(d) The comptroller shall keep sufficient money on deposit in

demand deposit accounts in depositories designated by the

comptroller as clearing institutions to meet all current claims

on the state. Items received by the comptroller for collection

shall be deposited with a clearing institution to be credited to

the demand deposit account in the depository. Checks, drafts, or

warrants drawn by the comptroller for the payment of obligations

due by the state may be drawn on such an account in such a

depository or on the demand deposit account in another state

depository so that the checks, drafts, or warrants of the state

may at all times pass current as cash.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1993, 73rd Leg., ch. 939, Sec. 6, eff. Aug. 30,

1993; Acts 1995, 74th Leg., ch. 426, Sec. 10, 11, eff. June 9,

1995; Acts 1997, 75th Leg., ch. 891, Sec. 3.11, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 1423, Sec. 7.37, eff. Sept. 1,

1997.

Sec. 404.033. WITHDRAWALS AND REMITTANCES. (a) Funds on

deposit with a depository are subject to withdrawal at any time

by the comptroller, except funds designated as time deposits,

which may be withdrawn in the manner agreed on in the contract

under which the funds were deposited. The depository shall remit

the withdrawal on demand and free of charge, except charges that

the depository is not permitted to pay by reason of an Act of

Congress or a rule or regulation adopted under such an Act by the

board of governors of the Federal Reserve System or the board of

directors of the Federal Deposit Insurance Corporation.

(b) A remittance to the comptroller by a state depository or

another person may be made by any method authorized by the

comptroller, including cash, money order, or bank draft. The

liability of the depository or other person making the remittance

continues until the money is received by the comptroller. A

depository that refuses to make a remittance required by this

chapter forfeits its right to receive further deposits, on order

of the comptroller. The comptroller may withdraw all funds from

the depository, which after the withdrawal ceases to be a state

depository.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.12, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 7.38, eff. Sept. 1,

1997.

SUBCHAPTER E. GENERAL DUTIES

Sec. 404.041. TRUSTEE. The comptroller is the trustee of funds

in the treasury.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 7.39, eff. Sept.

1, 1997.

Sec. 404.043. SECURITY OFFICERS. The comptroller may employ

security officers to provide needed security services for the

treasury and may commission the officers as peace officers.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1995, 74th Leg., ch. 426, Sec. 12, eff. June 9,

1995; Acts 1997, 75th Leg., ch. 1423, Sec. 7.41, eff. Sept. 1,

1997; Acts 2003, 78th Leg., ch. 285, Sec. 13, eff. Sept. 1, 2003.

Sec. 404.045. RECEIPT OF MONEY. The comptroller shall receive

all money paid into the treasury in accordance with the

procedures required by Section 403.052.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 207, Sec. 19, eff. Sept. 1,

1989; Acts 1997, 75th Leg., ch. 1423, Sec. 7.43, eff. Sept. 1,

1997.

Sec. 404.046. PAYMENT FROM TREASURY. The comptroller shall pay

warrants the comptroller draws on the treasury that are

authorized by law. Except as provided by Section 403.0271, money

may not be paid out of the treasury except on a warrant drawn or

an electronic funds transfer initiated by the comptroller. A

warrant may not be paid by the comptroller unless presented for

payment to a financial institution or the comptroller before two

years after the close of the fiscal year in which the warrant was

issued. Claims for the payment of warrants presented after that

time may be presented to the legislature for appropriations from

which the claims may be paid.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 78, Sec. 5, eff. May 11,

1989; Acts 1997, 75th Leg., ch. 1423, Sec. 7.44, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 1467, Sec. 1.20, eff. June 19,

1999.

Sec. 404.047. ACCOUNTS. The comptroller shall keep accounts of

the receipt and expenditure of the money in the treasury and

close the accounts on August 31 of each year. The comptroller

shall keep proper records, distinguishing between the receipts

and disbursements of each fiscal year.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1995, 74th Leg., ch. 426, Sec. 13, eff. June 9,

1995; Acts 1997, 75th Leg., ch. 1423, Sec. 7.45, eff. Sept. 1,

1997.

Sec. 404.048. REPORT. In addition to the reports required by

the constitution, the comptroller shall, as required by the

governor, submit a statement of the balance of money remaining in

the treasury and a summary of the receipts and disbursements

recorded by the treasury. The comptroller shall exhibit all

books, papers, and records on request by the legislature or a

branch or committee of the legislature.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1995, 74th Leg., ch. 426, Sec. 14, eff. June 9,

1995; Acts 1997, 75th Leg., ch. 1423, Sec. 7.46, eff. Sept. 1,

1997.

Sec. 404.049. MONEY IN TREASURY. Money received by the

comptroller as trustee of funds in the treasury shall be kept in

the treasury. The comptroller may not keep or receive into the

treasury money, or the representative of money, belonging to an

individual except as provided by law. The comptroller may not

appropriate to the comptroller's own use or lend, sell, or

exchange money, or the representative of money, in the

comptroller's custody or control.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 7.47, eff. Sept.

1, 1997.

Sec. 404.050. DELIVERY TO SUCCESSOR. The comptroller shall, at

the close of the term of office, deliver into the possession of

the successor comptroller the money, securities, and all other

property of the state in the comptroller's possession and the

books, vouchers, papers, evidences of property, and all other

matters and things pertaining to the office.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 7.48, eff. Sept.

1, 1997.

Sec. 404.051. MONEY RETURNED TO COUNTY OR MUNICIPALITY. If

money is in the treasury for the purpose of paying an obligation

due from a county or municipality and the comptroller finds from

certified copies of the records of the commissioners court or by

other satisfactory evidence that the obligation is no longer

outstanding against the county or municipality, the comptroller

shall draw a warrant on the treasury in favor of the county or

municipality for that amount of money and shall pay the money to

the treasurer of the county or municipality for the benefit of

its general fund.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 7.49, eff. Sept.

1, 1997.

Sec. 404.052. OBLIGATIONS OF MUNICIPALITIES, DISTRICTS, AND

POLITICAL SUBDIVISIONS. (a) A bond, warrant, or other evidence

of indebtedness issued by a municipality, district, or political

subdivision of this state and any interest, at the discretion of

the municipality, district, or political subdivision may be

payable at the office of the comptroller. The comptroller serves

as ex officio treasurer and fiscal agent of the municipality,

district, or political subdivision for the purposes of receiving

funds for the payment of the obligation and interest, making

payment of the obligation and interest, and for all other

purposes designated by this chapter or necessary or incidental to

the service.

(b) The comptroller shall deposit money received by the

comptroller under this section and shall keep a separate account

for each municipality, district, or political subdivision. The

payment of interest and principal due on an obligation of the

municipality, district, or political subdivision must be on

deposit with the comptroller not later than five business days

before the date of maturity. Any charges incurred for late

receipt of funds shall be assessed to the municipality, district,

or political subdivision. On receipt of those amounts by the

comptroller, the comptroller shall issue a warrant for the

payment of amounts due.

(c) On return of the obligation, the treasurer of the

municipality, district, or political subdivision shall record the

payment and cancellation.

(d) The comptroller shall collect for the use of the state from

the municipality, district, or political subdivision a fee in an

amount established by rule of the comptroller that is sufficient

to pay the comptroller's cost of administration. The treasurer of

the municipality, district, or political subdivision, at the time

of the remittance for the payment of the maturing obligation or

interest, shall remit the fee to the comptroller as ex officio

treasurer of the municipality, district, or political

subdivision. On receipt of the fee, the comptroller shall deposit

it to the appropriate fund. The amount of the fees earned, or as

much as necessary, is reserved to the comptroller to be used in

the administration of this chapter. Any balance remaining at the

end of a fiscal year is available for use in the next fiscal

year.

(e) It is the general intent of this section to provide an

inexpensive and feasible means for the payment of bonds and

interest coupons issued by municipalities, districts, and

political subdivisions in the state at the office of the

comptroller, and this section shall be broadly construed to carry

out that intent. An official or a municipality, district, or

political subdivision concerned with the administration of this

section shall perform the acts and duties necessary or

appropriate to facilitate and expedite the operation of this

section to the end that bonds and interest may be promptly paid

and the payment clearly evidenced and accounted for.

(f) The comptroller shall cancel and return to the municipality,

district, or political subdivision depositing funds for the

payment of interest coupons or the retirement of bonds the

coupons and bonds that have matured or been retired by purchase,

together with a statement of the account of the municipality,

district, or subdivision showing the amounts received and placed

to its credit, service charges, and amount of coupons or bonds

retired. At the request of the municipality, district, or

political subdivision, the comptroller shall remit to the

municipality, district, or subdivision any balance remaining in

custody of the comptroller for more than two years for which

bonds or coupons have not been presented for payment. The

municipality, district, or political subdivision shall pay these

coupons or bonds when presented. A municipality, district, or

political subdivision is entitled at any reasonable time to a

statement of its account with the comptroller.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1995, 74th Leg., ch. 426, Sec. 15, eff. June 9,

1995; Acts 1997, 75th Leg., ch. 1423, Sec. 7.50, eff. Sept. 1,

1997.

Sec. 404.054. DAILY TOTALS. The comptroller shall post the

daily totals of deposits to the proper fund and control accounts

in the general ledger. The comptroller shall keep a transit

record, in which the comptroller shall record the essential

details of cash, checks, money orders, drafts, or other items

deposited or cashed each day, showing the items deposited in each

depository bank or otherwise disposed of. The totals of deposits

shall be charged to the accounts of the respective depositories

on the books of the treasury. The comptroller shall keep a

journal of all journal vouchers or other memoranda of transfers

between funds or accounts. Postings shall be made from this

journal to the proper accounts on the books of the treasury.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 207, Sec. 21, eff. Sept. 1,

1989; Acts 1997, 75th Leg., ch. 1423, Sec. 7.51, eff. Sept. 1,

1997.

Sec. 404.055. TIME AND DEMAND DEPOSITS. The comptroller shall

maintain records of the daily balances of and the interest income

from funds deposited by the comptroller in time and demand

deposit accounts in each bank acting as a state depository. The

comptroller shall maintain and preserve those records according

to the provisions of Subchapter D, Chapter 441, and of Chapter

552.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(94), eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 426, Sec. 16, eff. June

9, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 7.52, eff. Sept. 1,

1997.

Sec. 404.056. INFORMATION CONCERNING WARRANTS. (a) The

comptroller shall keep the information on each warrant that is

necessary to enable an adequate audit to be performed.

(b) The comptroller shall keep information on the payment of

each warrant, including the number and amount of each warrant

paid.

(c) The comptroller shall keep detailed information concerning

all canceled warrants.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 207, Sec. 22, eff. Sept. 1,

1989; Acts 1997, 75th Leg., ch. 1423, Sec. 7.53, eff. Sept. 1,

1997.

Sec. 404.057. WARRANTS PAYABLE ACCOUNTS. (a) The comptroller

shall keep warrants payable accounts for each fund.

(b) To each account, the comptroller shall credit the daily

totals of warrants issued and charged to each fund so that the

balance of those accounts represents the aggregate amount of

outstanding warrants.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 207, Sec. 23, eff. Sept. 1,

1989; Acts 1997, 75th Leg., ch. 1423, Sec. 7.54, eff. Sept. 1,

1997.

Sec. 404.058. OUTSTANDING WARRANTS. (a) The comptroller shall

compile information concerning outstanding warrants, which must

be consistent with the requirements of the uniform statewide

accounting system.

(b) The warrant number of an outstanding warrant is excepted

from the requirements of Section 552.021 if the warrant is issued

by the comptroller.

(c) A person who issues a warrant under Section 403.060(a) may

disclose the warrant number of the warrant to a person other than

the comptroller only if the comptroller has:

(1) informed the person that the warrant is not an outstanding

warrant; or

(2) authorized or required the disclosure.

(d) In this section:

(1) "Outstanding warrant" means any warrant except a warrant

that:

(A) has been paid by the comptroller;

(B) has been canceled; or

(C) may not be paid by the comptroller because it was not

presented before the date determined under Section 404.046 or

other applicable law.

(2) "Warrant number" means the number or other data element

printed on a warrant that the comptroller uses to distinguish it

from all other warrants that the comptroller may pay during the

same period that the comptroller may pay the warrant under

Section 404.046 or other applicable law.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 207, Sec. 24, eff. Sept. 1,

1989; Acts 1997, 75th Leg., ch. 1423, Sec. 7.55, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 1158, Sec. 20, eff. June 15,

2001.

Sec. 404.059. GENERAL LEDGER ACCOUNTS. The comptroller shall

charge the daily totals of the warrants to the respective funds

and control accounts in the general ledger to which they apply.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 207, Sec. 25, eff. Sept. 1,

1989; Acts 1997, 75th Leg., ch. 1423, Sec. 7.56, eff. Sept. 1,

1997.

Sec. 404.060. PRIORITY OF WARRANTS. Warrants on the treasury

shall be on an equal basis with each other, except that if a

question arises concerning the priority of payment of the

warrants the comptroller shall determine the priority of payment.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 207, Sec. 26, eff. Sept. 1,

1989; Acts 1993, 73rd Leg., ch. 679, Sec. 64, eff. Sept. 1, 1993;

Acts 1995, 74th Leg., ch. 426, Sec. 17, eff. June 9, 1995; Acts

1997, 75th Leg., ch. 1423, Sec. 7.57, eff. Sept. 1, 1997.

Sec. 404.062. UNDETERMINED REMITTANCES. (a) This subsection

applies to money the status of which is undetermined or that is

awaiting the time when it can be taken into the treasury. The

money shall be placed with the comptroller and credited to the

suspense account. The comptroller shall maintain information

about the deposit of funds into the suspense account in

accordance with Section 403.052.

(b) When the status of money placed in the suspense account is

determined, the money shall be transferred from the suspense

account by placing the portion of it belonging to the state in

the appropriate fund in the treasury, and the part not belonging

to the state shall be refunded. The refund shall be made either

to the payor of the money or to the payor's estate, assignee,

devisee, or other successor-in-interest.

(c) When a deposit is made, it and any refunds shall be entered

in the suspense cash book, and the balance shall represent the

aggregate of the items still in suspense. Warrants shall be used

for making refunds. The warrants shall be charged against the

suspense funds to which they apply.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 207, Sec. 27, eff. Sept. 1,

1989; Acts 1991, 72nd Leg., ch. 641, Sec. 11, eff. Sept. 1, 1991;

Acts 1995, 74th Leg., ch. 426, Sec. 18, eff. June 9, 1995; Acts

1997, 75th Leg., ch. 1423, Sec. 7.58, eff. Sept. 1, 1997.

Sec. 404.063. VIOLATION. A person who knowingly or wilfully

violates this chapter commits an offense. An offense under this

chapter is punishable by a fine of not less than $50 nor more

than $500, by confinement in the county jail for not less than 30

days nor more than six months, or by both a fine and confinement.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Sec. 404.064. OFFICE FEES. The comptroller shall keep records

of the fees earned by the comptroller under this chapter. Those

fees shall be deposited to the appropriate fund in the treasury.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 207, Sec. 28, eff. Sept. 1,

1989; Acts 1995, 74th Leg., ch. 426, Sec. 19, eff. June 9, 1995;

Acts 1997, 75th Leg., ch. 1423, Sec. 7.59, eff. Sept. 1, 1997.

Sec. 404.065. CASH BALANCING. The comptroller shall keep

records for the purpose of arriving at the daily cash balance.

The daily totals of receipts and disbursements and the amount of

cash on hand and in depository banks shall be recorded.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1995, 74th Leg., ch. 426, Sec. 20, eff. June 9,

1995; Acts 1997, 75th Leg., ch. 1423, Sec. 7.60, eff. Sept. 1,

1997.

Sec. 404.066. LEDGER. (a) The general ledger kept by the

comptroller shall contain accounts for each fund. Those accounts

shall be credited with the existing balances and the daily totals

of deposits. Warrants issued and electronic funds transfers shall

be charged daily to the fund accounts.

(b) The ledger shall contain control accounts for cash,

depository banks, bonds, interest, securities, warrants payable,

and other necessary accounts. Postings shall be made to the

ledger daily.

(c) The ledger shall be balanced daily.

Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 207, Sec. 29, eff. Sept. 1,

1989; Acts 1991, 72nd Leg., ch. 641, Sec. 12, eff. Sept. 1, 1991;

Acts 1997, 75th Leg., ch. 1423, Sec. 7.61, eff. Sept. 1, 1997.

Sec. 404.067. SAFEKEEPING; INVESTMENT AGENCIES. (a) The

comptroller shall keep custodial records that shall reflect all

deposits and releases of securities held by the comptroller and

belonging to a state investment agency.

(b) The comptroller shall keep appropriate ledger accounts that

include a short description of each security held in safekeeping

for certain investment agencies of the state.

(c) The comptroller shall keep controlling or total accounts of

securities in the general ledger. Those accounts shall be kept

with respect to the total amount of bonds or other securities

belonging to each separate fund.

(d) Those controlling accounts