87R15883 SRA-F
	By: Parker, Anchia, Stephenson, Capriglione,	H.B. No. 4131
	Perez

	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, as
	effective January 1, 2022, 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, as effective
	January 1, 2022, 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, as
	effective January 1, 2022, 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, as effective
	January 1, 2022, 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, as
	effective January 1, 2022, 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, as
	effective January 1, 2022, 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, as effective
	January 1, 2022, 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, as effective
	January 1, 2022, 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, as effective
	January 1, 2022, 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, as
	effective January 1, 2022, 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.  Effective January 1, 2022, the following
	provisions of the Government Code, as effective January 1, 2022,
	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
	87th Legislature, Regular Session, 2021, 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, 2022, 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, 2023, 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 January 1, 2022, 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 January 1, 2022.