Sec. 2256.010. AUTHORIZED INVESTMENTS: CERTIFICATES OF DEPOSIT AND SHARE CERTIFICATES. (a) A certificate of deposit or share certificate is an authorized investment under this subchapter if the certificate is issued by a depository institution that has its main office or a branch office in this state and is:
(1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor;
(2) secured by obligations that are described by Section 2256.009(a), including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the nature described by Section 2256.009(b); or
(3) secured in accordance with Chapter 2257 or in any other manner and amount provided by law for deposits of the investing entity.
(b) In addition to the authority to invest funds in certificates of deposit under Subsection (a), an investment in certificates of deposit made in accordance with the following conditions is an authorized investment under this subchapter:
(1) the funds are invested by an investing entity through:
(A) a broker that has its main office or a branch office in this state and is selected from a list adopted by the investing entity as required by Section 2256.025; or
(B) a depository institution that has its main office or a branch office in this state and that is selected by the investing entity;
(2) the broker or the depository institution selected by the investing entity under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the investing entity;
(3) the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; and
(4) the investing entity appoints the depository institution selected by the investing entity under Subdivision (1), an entity described by Section 2257.041(d), or a clearing broker-dealer registered with the Securities and Exchange Commission and operating pursuant to Securities and Exchange Commission Rule 15c3-3 (17 C.F.R. Section 240.15c3-3) as custodian for the investing entity with respect to the certificates of deposit issued for the account of the investing entity.
Amended by Acts 1995, 74th Leg., ch. 32, Sec. 1, eff. April 28, 1995; Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 128 (H.B. 256), Sec. 1, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 5, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 874 (H.B. 2928), Sec. 2, eff. September 1, 2017.
Structure Texas Statutes
Subtitle F - State and Local Contracts and Fund Management
Chapter 2256 - Public Funds Investment
Subchapter A. Authorized Investments for Governmental Entities
Section 2256.003. Authority to Invest Funds; Entities Subject to This Chapter
Section 2256.004. Applicability
Section 2256.005. Investment Policies; Investment Strategies; Investment Officer
Section 2256.006. Standard of Care
Section 2256.007. Investment Training; State Agency Board Members and Officers
Section 2256.008. Investment Training; Local Governments
Section 2256.009. Authorized Investments: Obligations Of, or Guaranteed by Governmental Entities
Section 2256.010. Authorized Investments: Certificates of Deposit and Share Certificates
Section 2256.011. Authorized Investments: Repurchase Agreements
Section 2256.0115. Authorized Investments: Securities Lending Program
Section 2256.012. Authorized Investments: Banker's Acceptances
Section 2256.013. Authorized Investments: Commercial Paper
Section 2256.014. Authorized Investments: Mutual Funds
Section 2256.015. Authorized Investments: Guaranteed Investment Contracts
Section 2256.016. Authorized Investments: Investment Pools
Section 2256.017. Existing Investments
Section 2256.019. Rating of Certain Investment Pools
Section 2256.020. Authorized Investments: Institutions of Higher Education
Section 2256.0201. Authorized Investments; Municipal Utility
Section 2256.0203. Authorized Investments: Ports and Navigation Districts
Section 2256.0204. Authorized Investments: Independent School Districts
Section 2256.0205. Authorized Investments; Decommissioning Trust
Section 2256.0206. Authorized Investments: Hedging Transactions
Section 2256.0208. Local Government Investment of Bond Proceeds and Pledged Revenue
Section 2256.021. Effect of Loss of Required Rating
Section 2256.022. Expansion of Investment Authority
Section 2256.023. Internal Management Reports
Section 2256.024. Subchapter Cumulative