Texas § GV.2256.008 - INVESTMENT TRAINING

§ GV.2256.008. INVESTMENT TRAINING

INVESTMENT TRAINING; LOCAL GOVERNMENTS. (a) Except as provided by Subsections (a-1), (b), (b-1), (e), and (f), the treasurer, the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a local government shall: (1) attend at least one training session from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government and containing at least 10 hours of instruction relating to the treasurer's or officer's responsibilities under this subchapter within 12 months after taking office or assuming duties; and (2) attend an investment training session not less than once in a two-year period that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date, and receive not less than 10 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government. (a-1) Except as provided by Subsection (g), the treasurer, or the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a school district or a municipality, in addition to the requirements of Subsection (a)(1), shall attend an investment training session not less than once in a two-year period that begins on the first day of the school district's or municipality's fiscal year and consists of the two consecutive fiscal years after that date, and receive not less than eight hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the school district or municipality, or by a designated investment committee advising the investment officer as provided for in the investment policy of the school district or municipality. (b) An investing entity created under authority of Section 52 (b), Article III, or Section 59 , Article XVI, Texas Constitution, that has contracted with an investment management firm under Section 2256.003 (b) and has fewer than five full-time employees or an investing entity that has contracted with another investing entity to invest the entity's funds may satisfy the training requirement provided by Subsection (a)(2) by having an officer of the governing body attend four hours of appropriate instruction in a two-year period that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date. The treasurer or chief financial officer of an investing entity created under authority of Section 52 (b), Article III, or Section 59 , Article XVI, Texas Constitution, and that has fewer than five full-time employees is not required to attend training required by this section unless the person is also the investment officer of the entity. (b-1) A housing authority created under Chapter 392 , Local Government Code, may satisfy the training requirement provided by Subsection (a)(2) by requiring the following person to attend, in each two-year period that begins on the first day of that housing authority's fiscal year and consists of the two consecutive fiscal years after that date, at least five hours of appropriate instruction: (1) the treasurer, or the chief financial officer if the treasurer is not the chief financial officer, or the investment officer; or (2) if the authority does not have an officer described by Subdivision (1), another officer of the authority. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) Not later than December 31 each year, each individual, association, business, organization, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the governmental entities for which the person provided required training under this section during that calendar year. An individual's reporting requirements under this subsection are satisfied by a report of the individual's employer or the sponsoring or organizing entity of a training program or seminar. (e) This section does not apply to a district governed by Chapter 36 or 49 , Water Code. (f) Subsection (a)(2) does not apply to an officer of a municipality or housing authority if the municipality or housing authority: (1) does not invest municipal or housing authority funds, as applicable; or (2) only deposits those funds in: (A) interest-bearing deposit accounts; or (B) certificates of deposit as authorized by Section 2256.010 . (g) Subsection (a-1) does not apply to the treasurer, chief financial officer, or investment officer of a school district if: (1) the district: (A) does not invest district funds; or (B) only deposits those funds in: (i) interest-bearing deposit accounts; or (ii) certificates of deposit as authorized by Section 2256.010 ; and (2) the treasurer, chief financial officer, or investment officer annually submits to the agency a sworn affidavit identifying the applicable criteria under Subdivision (1) that apply to the district. Added by Acts 1993, 73rd Leg., R.S., Ch. 268 (S.B. 248 ), Sec. 1, eff. September 1, 1993. Amended by: Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Acts 1997, 75th Leg., ch. 1421, Sec. 5, eff. Sept. 1, 1997. Acts 1999, 76th Leg., ch. 1454, Sec. 6, eff. Sept. 1, 1999. Acts 2001, 77th Leg., ch. 69, Sec. 4, eff. May 14, 2001. Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226 ), Sec. 3, eff. June 17, 2011. Acts 2015, 84th Leg., R.S., Ch. 222 (H.B. 1148 ), Sec. 1, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1248 (H.B. 870 ), Sec. 1, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488 ), Sec. 8.015, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1000 (H.B. 1238 ), Sec. 1, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1000 (H.B. 1238 ), Sec. 2, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 477 (H.B. 293 ), Sec. 1, eff. June 7, 2019.