88R13 SRA-F     By: Parker S.B. No. 927       A BILL TO BE ENTITLED   AN ACT   relating to the self-directed and semi-independent status of the   State Securities Board; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 472.001, Government Code, is amended to   read as follows:          Sec. 472.001.  APPLICABILITY OF CHAPTER. This chapter   applies to:                (1)  the Texas State Board of Public Accountancy;                (2)  the Texas Board of Professional Engineers and Land   Surveyors; [and]                (3)  the Texas Board of Architectural Examiners; and                (4)  the State Securities Board.          SECTION 2.  Subchapter A, Chapter 4002, Government Code, is   amended by adding Section 4002.003 to read as follows:          Sec. 4002.003.  SELF-DIRECTED AND SEMI-INDEPENDENT STATUS.   The State Securities Board has self-directed and semi-independent   status as provided under Chapter 472.          SECTION 3.  Section 4002.057, Government Code, is amended to   read as follows:          Sec. 4002.057.  PER DIEM. A member of the board is entitled   to reimbursement for travel expenses incurred [a per diem as set by   legislative appropriation] for each day the member engages in the   business of the board.          SECTION 4.  Section 4002.058(c), Government Code, is amended   to read as follows:          (c)  A person appointed to the board is entitled to   reimbursement[, as provided by the General Appropriations Act,] for   travel expenses incurred in attending the training program   regardless of whether the attendance at the program occurs before   or after the person qualifies for office.          SECTION 5.  Section 4002.101, Government Code, is amended to   read as follows:          Sec. 4002.101.  SECURITIES COMMISSIONER. (a) The board   shall appoint a securities commissioner who serves at the pleasure   of the board and who, under the board's supervision, shall   administer this title.          (b)  The board shall determine the commissioner's salary.          SECTION 6.  Subchapter C, Chapter 4002, Government Code, is   amended by adding Section 4002.1045 to read as follows:          Sec. 4002.1045.  BOARD EMPLOYEES. The commissioner shall   determine the number of board employees and the employees'   salaries.          SECTION 7.  Subchapter D, Chapter 4002, Government Code, is   amended by adding Section 4002.164 to read as follows:          Sec. 4002.164.  REPORT TO BOARD. Periodically, the   commissioner shall submit to the members of the board, as directed   by the board members, a report of the receipts and expenditures of   the agency.          SECTION 8.  Section 4006.001, Government Code, is amended to   read as follows:          Sec. 4006.001.  CERTAIN REGISTRATION AND NOTICE FILING FEES.   The board shall establish the following fees to produce [in amounts   so that the aggregate amount that exceeds the amount of the fees on   September 1, 2002, produces] sufficient revenue to cover the costs   of administering and enforcing this title:                (1)  for filing an original, amended, or renewal   application or registration statement to sell or dispose of   securities[, an amount not to exceed $100];                (2)  for filing an original application of a dealer or   investment adviser or submitting a notice filing for a federal   covered investment adviser[, an amount not to exceed $100];                (3)  for filing a renewal application of a dealer or   investment adviser or submitting a renewal notice filing for a   federal covered investment adviser[, an amount not to exceed $100];                (4)  for filing an original application for each agent,   officer, or investment adviser representative or submitting a   notice filing for each representative of a federal covered   investment adviser[, an amount not to exceed $100]; and                (5)  for filing a renewal application for each agent,   officer, or investment adviser representative or submitting a   renewal notice filing for each representative of a federal covered   investment adviser[, an amount not to exceed $100].          SECTION 9.  Section 4006.103, Government Code, is amended to   read as follows:          Sec. 4006.103.  PAYMENT OF CERTAIN COSTS. A cost incurred by   the board in administering or enforcing this title may be paid only   from a fee collected under Section 4006.001.          SECTION 10.  Section 4006.104, Government Code, is amended   to read as follows:          Sec. 4006.104.  REFUND OF REGISTRATION FEE. If the   commissioner or board determines that all or part of a registration   fee should be refunded, the [commissioner may make the] refund   shall be made by warrant on the state treasury from the fund into   which the registration fee was deposited [money appropriated from   the general revenue fund for that purpose].          SECTION 11.  Subchapter A, Chapter 4007, Government Code, is   amended by adding Section 4007.003 to read as follows:          Sec. 4007.003.  REPRESENTATION BY ATTORNEY GENERAL. (a)   The attorney general may assess and collect from the commissioner   or the board reasonable attorney's fees associated with any legal   representation requested by the commissioner and provided by the   attorney general.          (b)  Notwithstanding any other law, a requirement that the   attorney general represent an agency in any litigation does not   apply to a proceeding under this title that is governed by Chapter   2001.          SECTION 12.  The following provisions of the Government Code   are repealed:                (1)  Section 4002.001;                (2)  Section 4002.155;                (3)  Section 4002.163;                (4)  Section 4006.101; and                (5)  Section 4006.251.          SECTION 13.  Subject to Chapter 472, Government Code, the   appropriations made to the State Securities Board by an Act of the   88th Legislature, Regular Session, 2023, may be spent by the State   Securities Board as the securities commissioner directs. The board   shall repay to the general revenue fund the appropriation made to   the agency for the state fiscal year ending August 31, 2024, not   later than that date and as funds become available. The board shall   repay to the general revenue fund the appropriation made to the   board for the state fiscal year ending August 31, 2025, not later   than that date and as funds become available.          SECTION 14.  The transfer of the State Securities Board to   self-directed and semi-independent status under this Act and the   expiration of self-directed and semi-independent status may not act   to cancel, suspend, or prevent:                (1)  any debt owed to or by the State Securities Board;                (2)  any fine, tax, penalty, or obligation of any   party;                (3)  any contract or other obligation of any party; or                (4)  any action taken by the State Securities Board,   the securities commissioner, or the board's employees in the   administration or enforcement of the agency's duties.          SECTION 15.  The State Securities Board shall continue to   have and exercise the powers and duties allocated to the board in   the board's enabling legislation, except as specifically amended by   this Act.          SECTION 16.  Title to or ownership of all supplies,   materials, records, equipment, books, papers, and furniture used by   the State Securities Board is transferred to the State Securities   Board in fee simple. This Act does not affect any property owned by   the State Securities Board on or before the effective date of this   Act.          SECTION 17.  Beginning September 1, 2023, the State   Securities Board shall pay rent to this state in a reasonable amount   to be determined by the Texas Facilities Commission for its use and   occupancy of state-owned office space.          SECTION 18.  This Act takes effect September 1, 2023.