H.B. No. 1003
AN ACT
relating to investment of public funds, including certain
expenditures by public institutions of higher education and
university systems that are eligible for certain tax credits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2256.004(a), Government Code, is amended
to read as follows:
(a) This subchapter does not apply to:
(1) a public retirement system as defined by Section
802.001;
(2) state funds invested as authorized by Section
404.024;
(3) an institution of higher education having total
endowments of at least $150 [$95] million in book value on September
1, 2017 [May 1, 1995];
(4) funds invested by the Veterans' Land Board as
authorized by Chapter 161, 162, or 164, Natural Resources Code;
(5) registry funds deposited with the county or
district clerk under Chapter 117, Local Government Code; or
(6) a deferred compensation plan that qualifies under
either Section 401(k) or 457 of the Internal Revenue Code of 1986
(26 U.S.C. Section 1 et seq.), as amended.
SECTION 2. Section 2256.009(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), the following are
authorized investments under this subchapter:
(1) obligations, including letters of credit, of the
United States or its agencies and instrumentalities;
(2) direct obligations of this state or its agencies
and instrumentalities;
(3) collateralized mortgage obligations directly
issued by a federal agency or instrumentality of the United States,
the underlying security for which is guaranteed by an agency or
instrumentality of the United States;
(4) other obligations, the principal and interest of
which are unconditionally guaranteed or insured by, or backed by
the full faith and credit of, this state or the United States or
their respective agencies and instrumentalities, including
obligations that are fully guaranteed or insured by the Federal
Deposit Insurance Corporation or by the explicit full faith and
credit of the United States;
(5) obligations of states, agencies, counties,
cities, and other political subdivisions of any state rated as to
investment quality by a nationally recognized investment rating
firm not less than A or its equivalent; [and]
(6) bonds issued, assumed, or guaranteed by the State
of Israel; and
(7) interest-bearing banking deposits that are
guaranteed or insured by:
(A) the Federal Deposit Insurance Corporation or
its successor; or
(B) the National Credit Union Share Insurance
Fund or its successor.
SECTION 3. Section 2256.011, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) Section 1371.059(c) applies to the execution of a
repurchase agreement by an investing entity.
SECTION 4. Sections 2256.014(a) and (b), Government Code,
are amended to read as follows:
(a) A no-load money market mutual fund is an authorized
investment under this subchapter if the mutual fund:
(1) is registered with and regulated by the Securities
and Exchange Commission;
(2) provides the investing entity with a prospectus
and other information required by the Securities Exchange Act of
1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act
of 1940 (15 U.S.C. Section 80a-1 et seq.); and
(3) complies with federal Securities and Exchange
Commission Rule 2a-7 (17 C.F.R. Section 270.2a-7), promulgated
under the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et
seq.) [has a dollar-weighted average stated maturity of 90 days or
fewer; and
[(4) includes in its investment objectives the
maintenance of a stable net asset value of $1 for each share].
(b) In addition to a no-load money market mutual fund
permitted as an authorized investment in Subsection (a), a no-load
mutual fund is an authorized investment under this subchapter if
the mutual fund:
(1) is registered with the Securities and Exchange
Commission;
(2) has an average weighted maturity of less than two
years; and
(3) either:
(A) has a duration of one year or more and is
invested exclusively in obligations approved by this subchapter; or
(B) has a duration of less than one year and the
investment portfolio is limited to investment grade securities,
excluding asset-backed securities
[(4) is continuously rated as to investment quality by
at least one nationally recognized investment rating firm of not
less than AAA or its equivalent; and
[(5) conforms to the requirements set forth in
Sections 2256.016(b) and (c) relating to the eligibility of
investment pools to receive and invest funds of investing
entities].
SECTION 5. Section 2256.015, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) Section 1371.059(c) applies to the execution of a
guaranteed investment contract by an investing entity.
SECTION 6. Sections 2256.016(b) and (f), Government Code,
are amended to read as follows:
(b) To be eligible to receive funds from and invest funds on
behalf of an entity under this chapter, an investment pool must
furnish to the investment officer or other authorized
representative of the entity an offering circular or other similar
disclosure instrument that contains, at a minimum, the following
information:
(1) the types of investments in which money is allowed
to be invested;
(2) the maximum average dollar-weighted maturity
allowed, based on the stated maturity date, of the pool;
(3) the maximum stated maturity date any investment
security within the portfolio has;
(4) the objectives of the pool;
(5) the size of the pool;
(6) the names of the members of the advisory board of
the pool and the dates their terms expire;
(7) the custodian bank that will safekeep the pool's
assets;
(8) whether the intent of the pool is to maintain a net
asset value of one dollar and the risk of market price fluctuation;
(9) whether the only source of payment is the assets of
the pool at market value or whether there is a secondary source of
payment, such as insurance or guarantees, and a description of the
secondary source of payment;
(10) the name and address of the independent auditor
of the pool;
(11) the requirements to be satisfied for an entity to
deposit funds in and withdraw funds from the pool and any deadlines
or other operating policies required for the entity to invest funds
in and withdraw funds from the pool; [and]
(12) the performance history of the pool, including
yield, average dollar-weighted maturities, and expense ratios; and
(13) the pool's policy regarding holding deposits in
cash.
(f) To be eligible to receive funds from and invest funds on
behalf of an entity under this chapter, a public funds investment
pool that uses amortized cost or fair value accounting [created to
function as a money market mutual fund] must mark its portfolio to
market daily, and, to the extent reasonably possible, stabilize at
a $1.00 [$1] net asset value, when rounded and expressed to two
decimal places. If the ratio of the market value of the portfolio
divided by the book value of the portfolio is less than 0.995 or
greater than 1.005, the governing body of the public funds
investment pool shall take action as the body determines necessary
to eliminate or reduce to the extent reasonably practicable any
dilution or unfair result to existing participants, including a
sale of portfolio holdings to attempt [shall be sold as necessary]
to maintain the ratio between 0.995 and 1.005. In addition to the
requirements of its investment policy and any other forms of
reporting, a public funds investment pool that uses amortized cost
[created to function as a money market mutual fund] shall report
yield to its investors in accordance with regulations of the
federal Securities and Exchange Commission applicable to reporting
by money market funds.
SECTION 7. Subchapter A, Chapter 2256, Government Code, is
amended by adding Section 2256.0206 to read as follows:
Sec. 2256.0206. AUTHORIZED INVESTMENTS: HEDGING
TRANSACTIONS. (a) In this section:
(1) "Eligible entity" means a political subdivision
that has:
(A) a principal amount of at least $250 million
in:
(i) outstanding long-term indebtedness;
(ii) long-term indebtedness proposed to be
issued; or
(iii) a combination of outstanding
long-term indebtedness and long-term indebtedness proposed to be
issued; and
(B) outstanding long-term indebtedness that is
rated in one of the four highest rating categories for long-term
debt instruments by a nationally recognized rating agency for
municipal securities, without regard to the effect of any credit
agreement or other form of credit enhancement entered into in
connection with the obligation.
(2) "Eligible project" has the meaning assigned by
Section 1371.001.
(3) "Hedging" means acting to protect against economic
loss due to price fluctuation of a commodity or related investment
by entering into an offsetting position or using a financial
agreement or producer price agreement in a correlated security,
index, or other commodity.
(b) This section prevails to the extent of any conflict
between this section and:
(1) another law; or
(2) an eligible entity's municipal charter, if
applicable.
(c) The governing body of an eligible entity shall establish
the entity's policy regarding hedging transactions.
(d) An eligible entity may enter into hedging transactions,
including hedging contracts, and related security, credit, and
insurance agreements in connection with commodities used by an
eligible entity in the entity's general operations, with the
acquisition or construction of a capital project, or with an
eligible project. A hedging transaction must comply with the
regulations of the federal Commodity Futures Trading Commission and
the federal Securities and Exchange Commission.
(e) An eligible entity may pledge as security for and to the
payment of a hedging contract or a security, credit, or insurance
agreement any general or special revenues or funds the entity is
authorized by law to pledge to the payment of any other obligation.
(f) Section 1371.059(c) applies to the execution by an
eligible entity of a hedging contract and any related security,
credit, or insurance agreement.
(g) An eligible entity may credit any amount the entity
receives under a hedging contract against expenses associated with
a commodity purchase.
(h) An eligible entity's cost of or payment under a hedging
contract or agreement may be considered:
(1) an operation and maintenance expense of the
eligible entity;
(2) an acquisition expense of the eligible entity;
(3) a project cost of an eligible project; or
(4) a construction expense of the eligible entity.
SECTION 8. (a) Section 171.901(4), Tax Code, is amended to
read as follows:
(4) "Eligible costs and expenses" means qualified
rehabilitation expenditures as defined by Section 47(c)(2),
Internal Revenue Code, except that the depreciation and tax-exempt
use provisions of that section do not apply to costs and expenses
incurred by an entity exempt from the tax imposed under this chapter
by Section 171.063 or by an institution of higher education or
university system as defined by Section 61.003, Education Code, and
those costs and expenses are eligible costs and expenses if the
other provisions of Section 47(c)(2), Internal Revenue Code, are
satisfied.
(b) Effective January 1, 2022, Section 171.901(4), Tax
Code, is amended to read as follows:
(4) "Eligible costs and expenses" means qualified
rehabilitation expenditures as defined by Section 47(c)(2),
Internal Revenue Code, except that the depreciation and tax-exempt
use provisions of that section do not apply to costs and expenses
incurred by an entity exempt from the tax imposed under this chapter
by Section 171.063, and those costs and expenses are eligible costs
and expenses if the other provisions of Section 47(c)(2), Internal
Revenue Code, are satisfied.
SECTION 9. The changes in law made by this Act apply only to
authorized investments of public funds governed by Chapter 2256,
Government Code, as amended by this Act, that are made on or after
the effective date of this Act. An authorized investment of public
funds made before the effective date of this Act is governed by the
law in effect immediately before that date, and that law is
continued in effect for that purpose.
SECTION 10. (a) Section 171.901(4), Tax Code, as amended by
Section 8(a) of this Act, applies only to costs and expenses
incurred on or after the effective date of this Act.
(b) Section 171.901(4), Tax Code, as amended by Section 8(b)
of this Act, applies only to costs and expenses incurred on or after
January 1, 2022.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1003 was passed by the House on April
28, 2017, by the following vote: Yeas 134, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1003 on May 25, 2017, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1003 on May 28, 2017, by the following vote: Yeas 145,
Nays 2, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1003 was passed by the Senate, with
amendments, on May 22, 2017, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1003 on May 28, 2017, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor