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<br />Legislative Position Paper <br /> <br />REVISION OF INVESTMENT LAWS <br /> <br />Background <br /> <br />Passage of the Public Funds Investment Act of 1987 was an important step <br />forward in clarification of investment authority for cities, counties, <br />and school di stricts in Texas. For the fi rst time, a consoli dated 1 ist <br />of permitted investments for these public entities was written into state <br />law. In addition to granting investment authority, protection of public <br />funds was al so addressed through the requirement that governing bodies <br />adopt written investment pol icies with primary emphasis on safety and <br />11 qui di ty. <br /> <br />As important as the Public Funds Investment Act was, it did not <br />completely satisfy the need for diversification in the management of <br />public funds or the need for specialized investment vehicles to deal with <br />the arbitrage rebate requirements of the Tax Reform Act of 1986. <br /> <br />Recomnendations <br /> <br />1. It is recommended that the Public Funds Investment Act be expanded to <br />incl ude the compl ete 1 ist of prime money market instruments and <br />investment securities as defined by the Government Finance Officers <br />Association. Additions to the Public Funds Investment Act should <br />include: <br /> <br />. Collateralized certificates of deposit at savings and loan <br />associations <br /> <br />. Prime domestic bankers' acceptances <br />. Prime commercial paper, rated A-l/P-l <br /> <br />. Money market funds with portfolios consisting of authorized <br />investments* <br /> <br />Collateralized securities lending agreements with Texas banks or <br />primary government securities dealers <br /> <br />2. The Local Government Code should be upgraded with simple clarifying <br />headings for each section as related to specific branches of <br />government. Sections should be added for Hospital Districts and <br />other government branches to be i ncl uded in an expanded investment <br />bill. <br /> <br />3. Bidding procedures should be clarified for certificates of deposit to <br />permit telephone bidding and to exempt certificates of deposit from <br />the bidding procedures in depository law. <br /> <br />7 <br />