By: Bonnen H.B. No. 3050
 
Substitute the following for H.B. No. 3050:
 
  By:  Ashby C.S.H.B. No. 3050
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas state buildings preservation
endowment fund, including the transfer to the fund of the
unencumbered balances of certain other funds.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 443.0102(b), Government Code, is amended
to read as follows:
       (b)  The Capitol fund created by Section 443.0101 and the
Texas state buildings preservation endowment fund created by
Section 443.0103 are [is] not subject to Subchapter F, Chapter 404.
A provision of this chapter or other law that provides for the
deposit of money or another thing of value into the Capitol fund or
the Texas state buildings preservation endowment fund prevails over
Subchapter F, Chapter 404.
       SECTION 2.  Section 443.0103, Government Code, is amended to
read as follows:
       Sec. 443.0103.  TEXAS STATE BUILDINGS PRESERVATION
ENDOWMENT [CAPITAL RENEWAL TRUST] FUND. (a) In this section:
             (1)  "Fund" means the Texas state buildings
preservation endowment fund.
             (2)  "Trust company" means the Texas Treasury
Safekeeping Trust Company.
       (b)  The Texas state buildings preservation endowment
[capital renewal trust] fund is created as a [trust] fund outside
the treasury. The purpose of the fund is to maintain, preserve,
rehabilitate, and restore the state buildings and grounds over
which the board has jurisdiction [with the comptroller and shall be
administered by the board, as a trustee on behalf of the people of
this state, to maintain and preserve the Capitol, the General Land
Office Building, their contents, and their grounds].
       (c)  The fund consists of:
             (1)  money transferred or appropriated to the fund by[:
             [(1)  at the direction of] the legislature, including
money transferred to the fund from the former capital renewal trust
fund, Governor's Mansion renewal trust fund, and State Cemetery
preservation trust fund; [or]
             (2)  gifts, grants, and donations contributed to the
fund for a purpose for which money in the fund may be used under [in
accordance with] this section; and
             (3)  any returns received from the investment of money
in the fund.
       (d)  The trust company shall hold, manage, and invest the
fund, and shall determine the amount available for distribution
from the fund each year in accordance with a distribution policy
adopted by the comptroller. The distribution policy must be
designed to preserve the purchasing power of the assets of the fund,
provide a stable and predictable series of annual distributions
from the fund, and meet the liquidity needs of the fund as
necessary. The expenses of managing the fund and its assets shall
be paid from the fund. Except as otherwise provided by this
section, money [(b)  Money] in the fund may not be used [only] for
any other [the] purpose.
       (e)  In managing the assets of the fund, through procedures
and subject to restrictions the trust company considers
appropriate, the trust company may acquire, exchange, sell,
supervise, manage, or retain any kind of investment that a prudent
investor, exercising reasonable care, skill, and caution, would
acquire or retain in light of the purposes, terms, distribution
requirements, and other circumstances of the fund then prevailing,
taking into consideration the investment of all the assets of the
fund rather than a single investment. At the request of the trust
company, the board shall provide the trust company with information
the trust company determines is necessary to ensure that the trust
company is able to achieve the objectives specified by Subsection
(d).
       (f)  The board annually may request a distribution from the
fund in an amount that may not exceed the amount the trust company
determines is available for distribution in the applicable year
under Subsection (d). Money distributed from the fund to the board
may be used only for the purpose of maintaining, [and] preserving,
rehabilitating, and restoring the buildings [the Capitol, the
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