Texas 2025 - 89th Regular

Texas House Bill HB5260

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the investment of public funds by a local government in investment pools.

Impact

A notable aspect of the bill is its strict divestment schedule for local governments that discover they are invested in a restricted investment pool not managed by the state. Local governments are required to divest 50% of their funds within 180 days and withdraw 100% within 360 days of such a discovery. This mandates a rapid transition to state-sanctioned investment vehicles, potentially impacting local governments’ investment strategies and financial planning.

Summary

House Bill 5260 proposes amendments to the Texas Government Code, specifically focusing on the investment of public funds by local governments in investment pools. The bill stipulates that local governments may only invest in investment pools that are managed by the comptroller or the Texas Treasury Safekeeping Trust Company. This provision aims to streamline the investment process and ensure adherence to fiscal regulations that protect public funds.

Contention

While the bill aims to regulate local investments and enhance security of public funds, it may face opposition from local authorities concerned about the loss of investment flexibility. Critics might highlight that the required divestment timeline could force local governments into unfavorable financial positions, especially if immediate divestment leads to potential losses. Moreover, the requirement to report justifications for delaying divestment might add bureaucratic burdens on local governments.

Implementation

If passed, these changes would only apply to contracts entered into on or after the effective date of September 1, 2025, allowing existing contracts to remain under the previous regulations. This transitional aspect may offer some reprieve to local governments as they adapt to the new investment protocols laid out by HB5260.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 2256. Public Funds Investment
    • Section: 016
    • Section: New Section

Companion Bills

TX SB404

Identical Relating to the investment of public funds by a local government in investment pools.

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