Texas 2023 - 88th Regular

Texas Senate Bill SB1246

Filed
2/27/23  
Out of Senate Committee
4/3/23  
Voted on by Senate
4/12/23  
Out of House Committee
5/2/23  
Voted on by House
5/16/23  
Governor Action
6/18/23  

Caption

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

Impact

The legislation modifies provisions within the Government Code relevant to how state funds can be invested, particularly concerning repurchase agreements and other financial instruments. The bill seeks to ensure that at least 10% of certain funds are kept in a liquid state, sufficient to meet any immediate cash flow requirements, while also allowing greater freedom for investment in various securities and obligations. Such changes may lead to improved financial outcomes for governmental entities as they navigate public funds management more effectively.

Summary

Senate Bill 1246 addresses the authorized investments of public money by certain governmental entities and aims to establish confidentiality regarding related information. The bill primarily focuses on enhancing the investment strategies of entities such as the Teacher Retirement System (TRS) and the Comptroller’s Texas Treasury Safekeeping Trust Company. By amending existing laws, SB1246 allows these entities to adjust their asset allocations to potentially yield better financial returns for their respective funds. For instance, it reduces the percentage of liquid assets that must be maintained, enhancing operational flexibility.

Sentiment

Overall, the sentiment surrounding SB1246 appears to be supportive, especially among those who advocate for modernized investment approaches and policies that allow for more strategic fund management. Legislative discussions reflected a consensus on the necessity of adapting to changing financial climates, paving the way for potential enhancements in investment returns for public funds. However, some concerns about transparency and the implications of increased confidentiality were noted, particularly with emphasis on the potential lack of accessible information regarding public investments.

Contention

While there was broad support for SB1246, the introduction of confidentiality regarding investment information raised questions among lawmakers and stakeholders about accountability. Opponents expressed apprehensions that this might hinder public awareness and oversight of how public funds are being managed. The discussions highlighted the need for balancing the benefits of improved investment strategies with the critical importance of maintaining transparency about governmental financial activities.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 404. State Treasury Operations Of Comptroller
    • Section: 024
    • Section: 0241
    • Section: 024
    • Section: 024
    • Section: 024
    • Section: 024
  • Chapter 825. Administration
    • Section: New Section
    • Section: 301
    • Section: 3012
    • Section: New Section
    • Section: 301
    • Section: 3012
    • Section: 3013
    • Section: 3014
    • Section: New Section
    • Section: 301
    • Section: New Section
    • Section: 301
    • Section: 3012
    • Section: 3013
    • Section: 3014
    • Section: New Section
    • Section: 301
    • Section: 3013
    • Section: 3014
  • Chapter 2256. Public Funds Investment
    • Section: 011
    • Section: 011
  • Chapter 2270. Prohibition On Investing Public Money In Certain Investments
    • Section: 0004

Companion Bills

TX HB3495

Identical Relating to the investment authority of certain state agencies and the confidentiality of certain information related to those investments.

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