Texas 2009 - 81st Regular

Texas Senate Bill SB638

Filed
 
Out of Senate Committee
3/31/09  
Voted on by Senate
4/7/09  
Out of House Committee
5/11/09  
Voted on by House
5/26/09  
Governor Action
6/19/09  
Bill Becomes Law
 
Enrolled
5/26/09  

Caption

Relating to the collateralization of certain public funds; providing administrative penalties.

Impact

The introduction of the pooled collateral program will have significant implications for both state regulations and participating financial institutions. The bill mandates that each participating institution secures its public deposits with eligible securities that equal at least 102 percent of the deposit amounts. This increased security measure is a protective step to ensure that public funds remain safeguarded against potential losses. Concurrently, the legislation allows participating institutions to utilize a single custodial account for their pooled securities, easing the administrative burden associated with managing multiple accounts for various depositor entities.

Summary

SB638 aims to amend Chapter 2257 of the Government Code to introduce a pooled collateral program that seeks to secure deposits of certain public funds. The bill establishes a framework for financial institutions to participate in a centralized collateralization system designed to protect public money deposited with them. This program is intended to streamline the collateral management process and enhance transparency between the Comptroller and participating financial institutions. By pooling collateral rather than requiring individual institutions to manage their own collateral for public deposits, the legislation facilitates a more efficient use of resources.

Contention

While proponents of SB638 argue that the bill will strengthen the security of public funds and provide a more uniform approach to collateral management, critics may voice concerns over the potential impacts of increased regulatory compliance on local institutions. The imposition of penalties for violations of collateralization requirements, such as failing to maintain the necessary collateral amounts or not adhering to reporting requirements, may be seen as excessive and could disproportionately affect smaller financial institutions. As a result, the bill could encounter resistance from entities worried about the regulatory burdens it introduces.

Additional_notes

Overall, SB638 represents a significant shift in how public funds are handled within Texas, moving towards a centralized and more standardized collateralization procedure. Its implications could reverberate across the banking sector, influencing how financial institutions engage with governmental entities and manage public funds. The effectiveness of this bill will largely depend on the subsequent rules adopted by the comptroller and the willingness of financial institutions to engage with the new program in a manner that meets compliance requirements.

Companion Bills

TX HB77

Identical Relating to the collateralization of certain public funds and to custodians with which certain pledged securities may be deposited; providing administrative penalties.

Previously Filed As

TX SB1246

Relating to authorized investments of public money by certain governmental entities and the confidentiality of certain information related to those investments.

TX HB1942

Relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.

TX SB715

Relating to the regulation of sports wagering; requiring occupational permits; authorizing fees; imposing a tax; decriminalizing wagering on certain sports events; creating criminal offenses; providing administrative penalties.

TX SB895

Relating to the regulation of money services businesses; creating a criminal offense; creating administrative penalties; authorizing the imposition of a fee.

TX HB2760

Relating to the disclosure of certain gifts, grants, contracts, and financial interests received from a foreign source by certain state agencies, public institutions of higher education, and state contractors, and to the approval and monitoring of employment-related foreign travel and activities by certain public institution of higher education employees; providing civil and administrative penalties.

TX SB2459

Relating to the disclosure of certain gifts, grants, contracts, and financial interests received from a foreign source by certain state agencies, public institutions of higher education, and state contractors, and to the approval and monitoring of employment-related foreign travel and activities by certain public institution of higher education employees; providing civil and administrative penalties.

TX HB2459

Relating to the administration of violations and administrative penalties of the employment of children.

TX HB1666

Relating to the commingling of funds by digital asset service providers; providing an administrative penalty.

TX HB5127

Relating to public higher education reform; authorizing administrative penalties.

TX SB2070

Relating to the funding of projects by the Public Utility Commission of Texas to promote the reliability and resiliency of the power grid in this state; authorizing the issuance of revenue bonds.

Similar Bills

TX HB77

Relating to the collateralization of certain public funds and to custodians with which certain pledged securities may be deposited; providing administrative penalties.

TX SB1664

Relating to the establishment of the Texas Achieving a Better Life Experience (ABLE) Program; authorizing the imposition of fees.

TX HB3505

Relating to the establishment and administration of a state bullion depository and the investment of certain public money in precious metals and depository accounts.

AL SB133

Public deposits, Security for Alabama Funds Enhancement (SAFE) Program board, to allow for virutal meetings, Sec. 41-14A-6 am'd.

AL HB85

Public deposits, Security for Alabama Funds Enhancement (SAFE) Program board, to allow for virutal meetings, Sec. 41-14A-6 am'd.

GA HB531

Local government; provide investment policies

TX SB1983

Relating to the creation of the Texas Urban Agricultural Innovation Authority.

TX HB2996

Relating to the creation of the Texas Urban Agricultural Innovation Authority.