TITLE 31.NATURAL RESOURCES AND CONSERVATION

Part 10. TEXAS WATER DEVELOPMENT BOARD

Chapter 365. INVESTMENT RULES

The Texas Water Development Board (the board) adopts amendments to 31 TAC §§365.2, 365.8, 365.13, 365.18 and repeal of Subchapter C, §365.21 and new §365.21 under Subchapter B, concerning Investment Rules without changes to the proposed text as published in the December 3, 2004, issue of the Texas Register (29 TexReg 11306) and will not be republished.

The amendments to these sections are adopted to clarify board investment procedures and conform board rules with the Public Funds Investment Act, Government Code, Chapter 2256.

The board renames the Subchapter B heading from "Selection of Authorized Dealers" to "Investment Procedures," deletes the title of "Subchapter C," and moves new §365.21 under the renamed Subchapter B. These amendments more accurately group related provisions of the rules under one title and under a common, applicable, heading.

The amendment to §365.2(7) is adopted concerning the definition of the term "Internal Auditor." The board adopts to change the definition from the "Director of Internal Audit" to "internal audit staff." This will allow another member of the internal audit staff to conduct reviews of the investment functions as set forth in various sections of the rules and reflects the addition of staff to the internal audit area.

The amendment to §365.8 is adopted to require the internal audit staff to report to the Audit Committee rather than the Finance Committee when presenting results of the biennial review of investment controls conducted pursuant to §365.18 of the rules. This reflects the board's previous designation of duties of the Audit and Finance Committees.

The board amends §363.13(b)(3) to reduce the stated final maturity date of collateralized mortgage obligations in which the board may invest to not more than seven years. This change will harmonize currently inconsistent references to the maximum maturities in which the board may invest. While §363.13(b)(3) currently prohibits investments with final maturities of greater than ten years (consistent with Government Code §2256.009), §363.17 provides the board's actual policy of allowing investments of reserve funds of up to seven years only, with the consent of the board. The change will make clear that the maximum investment is seven years.

The board amends §365.18, Internal Control, to clarify that the internal auditor's biennial review of the board's investment policies and investment functions is more accurately a review of the "agency's management controls on investments and adherence to the agency's established investment policies," as required by Public Funds Investment Act (Government Code §2256.005). This section is also adopted to reflect the mandatory requirement in the Public Funds Investment Act (Government Code §2256.005) to send the results of the auditor's biennial review to the state auditor.

The board adopts the repeal of Subchapter C, §365.21 and adopts a new §365.21 under Subchapter B incorporating existing language of Subchapter C, §365.21. A new sentence will be added to new §365.21, that reads: "The quarterly reports shall be formally reviewed at least annually by the internal auditor and the result of the review shall be reported to the board." This annual review is required by the Public Funds Investment Act (Government Code §2256.023) and the new §365.21 reflects this requirement.

There were no comments received on the proposed amendments, repeal and new section.

Subchapter A. GENERAL PROVISIONS

31 TAC §365.2, §365.8

The amendments are adopted under the authority of the Texas Water Code §6.101, which provide the Texas Water Development Board with the authority to adopt rules necessary to carry out the powers and duties in the Texas Water Code and other laws of the State, and the Texas Government Code, Chapter 2256, which requires each State agency to adopt rules regarding the investment of its funds.

There are no statutory provisions affected by the adopted amendments.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 19, 2005.

TRD-200500257

Suzanne Schwartz

General Counsel

Texas Water Development Board

Effective date: February 8, 2005

Proposal publication date: December 3, 2004

For further information, please call: (512) 475-2052


Subchapter B. INVESTMENT PROCEDURES

31 TAC §§365.13, 365.18, 365.21

The amendments and new section are adopted under the authority of the Texas Water Code §6.101, which provide the Texas Water Development Board with the authority to adopt rules necessary to carry out the powers and duties in the Texas Water Code and other laws of the State, and the Texas Government Code, Chapter 2256, which requires each State agency to adopt rules regarding the investment of its funds.

There are no statutory provisions affected by the adopted amendments and new section.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 19, 2005.

TRD-200500258

Suzanne Schwartz

General Counsel

Texas Water Development Board

Effective date: February 8, 2005

Proposal publication date: December 3, 2004

For further information, please call: (512) 475-2052


Subchapter C. INVESTMENT PROCEDURES

31 TAC §365.21

The repeal is adopted under the authority of the Texas Water Code §6.101, which provide the Texas Water Development Board with the authority to adopt rules necessary to carry out the powers and duties in the Texas Water Code and other laws of the State, and the Texas Government Code, Chapter 2256, which requires each State agency to adopt rules regarding the investment of its funds.

There are no statutory provisions affected by the adopted repeal.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 19, 2005.

TRD-200500259

Suzanne Schwartz

General Counsel

Texas Water Development Board

Effective date: February 8, 2005

Proposal publication date: December 3, 2004

For further information, please call: (512) 475-2052