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1999
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CITY CLERK
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GENERAL GOVERNMENT <br />Ch. 2256 <br />deposit. withdraw, transfer, or manage. in any <br />other manner the funds of the investing entity. ": <br />in subset. (h), inserted "for anv investing entity <br />other than for that commission": in subsec. (i). <br />substituted "a business organization offering to <br />engage in an investment transaction with" for <br />an entity seeking to sell an investment to ", <br />inserted "For purposes of this subsection, an <br />investment officer has a personal business rela- <br />tionship with a business organization if: ", and <br />added subds. (1) to (3); in subsec. W. substitut- <br />ed "oiicring to engage in an investment rmnsac- <br />tion with an investing entity" for "seeping to <br />sell to the entity an authorized investment <br />inserted "For purposes of this subsection, a <br />business organization includes investment <br />pools. Nothing in this subsection relieves the <br />investing enti v of the responsibility for monitor- <br />ing the investments made by the investing entity <br />to determine that they arc in compliance with <br />the investment poliev. substituted "qualified <br />representative" for "registered principal sub- <br />stituted "offering to engage in an investment <br />traansaaion with an investing enritv'' for- "se_k- <br />ing to sell an authorized investment ", inserted <br />"in a form acceptable to the investing entity and <br />the business organization substituted "busi- <br />ness organization" for "resister ed principal ", in <br />subd. (1), deleted "thoroughly ", in subd. (2), <br />Person responsible 1 <br />347 <br />§ 2256.006 <br />inserted "business deleted "imprudent invest- <br />ment activities arising out of ', and . inserted <br />"that are not authorized by the entity's invest- <br />ment policy: except to the extent that this autho- <br />rization is dependent on an analysis of the <br />makeup of the cntity's' ntire portfolio. or re- <br />quires an interpretation of subjective investment <br />standards ": and in subsec. (1), substituted "ac. <br />quire or otherwise obtain any authorized invest- <br />ment described _in the investment policy of the <br />investing entity" for "ouv anv securities and <br />substituted "the instr-ument required" for "an <br />instrument in substantially the form provided ". <br />For application provisions of Acts 1997. 75th <br />Leg., ch. 1421, see notes following. V.T.C.A.. <br />Government Code § 22 =6.002. <br />Prior Laws: <br />Acs 1979. 66th Leg., p. 2071, ch. 810. <br />Acts 1987. 70th Le2., ch. 3S9. <br />Acs 1989. 71st Les— eh. 623. § 2. <br />Acts 1989. 71st Leg.. ch. 693. §§ 2. 3. <br />Vernon's Ann.Civ.SL ars. 842a -2.. § <br />4413(340. sc 2W. (b), 3(a). (b). <br />Acts 1993. 73rd Le2., eh. 268. § 1. <br />V.T.C.A.. Govc.: cnt Code H 2256.004. <br />225 6.052. 2256.0054, 2256.0 - -5. <br />Notes of Decisions <br />1. Peron responsible <br />Commissioners court may designate which <br />county funds are to be invested and direct trea- <br />§ 2256.006. Standard of Care <br />surer to invest those Finds in accordance with <br />Public Funds Invest eat Act- Op attv.Gen. <br />1992. 1\1o. DPI -96. <br />(a) Investments shall be made with jud -anent and care, under prevailing <br />circumstances, .that a person of prudence, discretion, and intelligence would <br />exercise in the management of the person's own affairs, not for speculation, but. <br />for investment, considering the probable safety of capital and the probable <br />income to be derived. Investment of fiends shall be governed by the followinL- <br />investment objectives, in order of priority: y r v <br />.(1) preservation and safety of principal <br />(2) liquidity; and <br />(3) yield. <br />(b) In deter-mini <br />With respect to an <br />into consideration: <br />ng whether an investment officer ha <br />investment decision, the determination <br />exercised prudence <br />shall be-made takinsz <br />(1) the investment of all funds, or funds under the entitv's control, over <br />which- the officer had responsibility rather than a consideration as to the <br />prudence of a single investment: and - <br />
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