HBA-DMD H.B. 1673 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1673
By: Pitts
State, Federal, & International Relations
3/4/1999
Introduced



BACKGROUND AND PURPOSE 

Texas libraries currently rank 46th in the nation in public library
expenditures and 43th in the nation in public library materials
expenditures, and there are currently no state or federal sources available
to assist local governments with public library construction projects.
H.B. 1673 establishes the Texas Public Library Endowment Fund (endowment
fund), which will be held by a bank or deposit trust company and will be
administered by the Texas State Library and Archives Commission
(commission), which will appoint investment managers to invest and manage
the endowment fund and establishes beneficiaries for the endowment fund.
This bill also establishes the Texas Public Library Fund (library fund)
which is a special fund in the state treasury outside of the general fund
created from the interest from the endowment fund and the proceeds from
items that the commission buys and resells.  This bill requires the
commission to make grants to local libraries from the library fund. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas State Library and Archives
Commission in SECTION 1 (Sections 441.074 and 441.075, Government Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 441, Government Code, by adding Subchapter E, as
follows: 

SUBCHAPTER E.  PUBLIC LIBRARY ENDOWMENT 
AND OPERATING FUNDS

Sec. 441.071.  TEXAS PUBLIC LIBRARY ENDOWMENT FUND.  (a) Establishes the
Texas public library endowment fund (endowment fund) as a trust fund
outside of the state treasury held by a bank or depository trust company
and administered by the Texas State Library and Archives Commission
(commission) for the benefit of the public as provided by this section. 

(b) Sets forth that the endowment fund consists of donations accepted by
the commission under Section 441.074. 

(c) Prohibits the corpus of the endowment fund from being spent for any
purpose. 

(d) Requires the commission to remit all or part of the interest and income
earned on money in the endowment fund to the comptroller, no later than
September 1 of each year, for deposit in the state treasury to the credit
of the library fund.  Requires the commission to credit the corpus of the
endowment fund any portion of the interest and income not credited to the
library fund in the treasury. 

Sec. 441.072.  INVESTMENT AND MANAGEMENT OF ENDOWMENT FUND.  (a) Requires
the commission to appoint investment managers to manage and invest the
endowment fund by contracting for professional investment management
services (management services) with one or more organizations that are in
the business of managing  investments.  

(b)  Requires the commission to act prudently and in the interest of the
beneficiaries of the endowment fund when choosing and contracting for
management services and when continuing the use of an investment manager.  

(c)  Requires the commission and investment manager, when making and
supervising investments of the endowment fund, to discharge their
respective duties solely in the interest of the beneficiaries of the
endowment fund:  

(1)  for the exclusive purposes of providing benefits for the beneficiaries
of the endowment fund and defraying reasonable expenses of administering
this chapter; 
(2)  with the care, skill, prudence, and diligence under the prevailing
circumstances that a prudent person acting in a similar capacity and
familiar with matters of the type would use in the conduct of an enterprise
with a similar character and aims; 
(3)  by diversifying the investments of the endowment fund to minimize the
risk of large losses, unless under the circumstances it is clearly prudent
not to do so; and 
(4)  in accordance with the documents and instruments governing the
endowment fund to the extent that the documents and instruments are
consistent with this section.  

(d)  Provides that in order for a person to be eligible to be appointed as
an investment manager under this section, the person must be registered
under 15 U.S.C. Section 80b-1 et seq. (Investment Advisers Act of 1940), as
amended; a bank as defined by that Act that has a trust department; or an
insurance company qualified to perform investment services under the laws
of more than one state.  

(e)  Requires the commission, in a contract made under this section, to
specify any policies, requirements, or restrictions, including criteria for
determining the quality of investments and for  the use of standard rating
services, that the commission adopts for investments of the endowment fund.

(f)  Sets forth that a member of the commission is not liable for the acts
or omissions of an investment manager appointed under Subsection (a) and is
not permitted or obligated to invest or otherwise manage any asset of the
endowment fund that is subject to management by the investment manager.  

(g)  Requires an investment manager appointed under Subsection (a) to
acknowledge in writing the manager's fiduciary responsibilities to the
endowment fund.  

(h)  Requires the commission to frequently monitor and authorizes the
commission at any time to monitor the investments made by each investment
manager for the endowment fund.  Authorizes the commission to contract for
professional evaluation services to fulfill this requirement.  

(i)  Requires the commission to enter into an investment custody account
agreement which designates a bank or a depository trust company to serve as
custodian for all assets that are allocated to or generated under a
contract for management services.  

(j)  Requires the commission, under a custody account agreement, to require
the designated custodian to perform the duties and assume responsibilities
for the endowment fund that are performed and assumed, in the absence of a
contract, by the custodian of the endowment fund.  Requires the custodian
to furnish to the commission, annually or more frequently if required by
commission rule, a sworn statement of the amount of the endowment fund
assets in the custodian's custody.  

(k)  Establishes the beneficiaries of the endowment fund as the persons who
use public libraries, public library facilities, and public library
collections and the public libraries that benefit from the performance of
the commission's powers and duties under this chapter.  
 
Sec. 441.073.  TEXAS PUBLIC LIBRARY FUND.  (a)  Establishes the Texas
public library fund (library fund) as a special fund in the state treasury
outside the general revenue fund.  

(b)  Provides that the library fund consists of money credited to the
library fund under Section 441.071(d) and proceeds from sales under Section
441.074(d).  

(c)  Authorizes money in the library fund to be appropriated only to the
commission to perform the commission's powers and duties concerning public
library development under this chapter and to pay the commission's expenses
incurred under this subchapter.  

(d)  Exempts the library fund from the application of Sections 403.095 (Use
of Dedicated Revenue) and 404.071 (Disposition of Interest on Investments).
Requires interest and income from deposit and investment of money in the
library fund to be allocated  monthly to the library fund.  

Sec. 441.074.  DONATIONS, APPROPRIATIONS, AND SALES.  (a)  Authorizes the
commission to solicit and accept on behalf of the state donations of money,
securities, and other property as it determines best further the orderly
development of public library resources of the state.  Requires money that
is paid to the commission under this subsection to be deposited in the
endowment fund.  

(b)  Requires the commission, by rule, to establish an acquisition policy
for accepting donations of money, securities, and other property.  

(c)  Authorizes the legislature to make appropriations to the commission to
carry out the purposes of this chapter.  

(d)  Authorizes the commission to purchase and resell items it determines
appropriate for the promotion of public libraries in this state.  Prohibits
the value of commission inventory, as determined by generally accepted
accounting principles, from exceeding $50,000 at the end of any fiscal
year.  Requires the net profits from those sales to be deposited in the
library fund.  

Sec. 441.075.  PUBLIC LIBRARY FUND GRANT PROGRAM.  (a)  Requires the
commission to make grants to public libraries from the library fund for
facility construction projects, acquisition of books and other collection
development materials, and payment of actual and reasonable general and
administrative expenses.  Requires the commission to allocate amounts from
the library fund to direct and matching grant programs.  

(b)  Requires the commission to adopt rules establishing methods for
participation by local governments in a matching grant program for facility
construction projects and providing allocations for a direct grant program
for the acquisition of books and other collection development materials
according to a formula that allocates a base grant to each participating
public library plus an amount that is proportional to the size of the
population served. 
 
(c)  Provides that a public library must maintain a level of local public
library funding equal to or greater than the average funding for the three
years preceding participation, in order to participate in a grant program
under this section.  Requires commission to adopt rules to implement this
requirement.  

SECTION 2.  Amends Section 404.093(b), Government Code, to establish that
this subchapter does not apply to funds, grants, donations, and proceeds
from funds, grants, and donations, given in trust to the commission for the
establishment and maintenance of regional historical resource depositories
and libraries in accordance with Section 441.154 (Regional Research
Centers), rather than 441.074. 

SECTION 3.Effective date: September 1, 1999. 

 SECTION 4.  Emergency clause.