Sec. 815.303. SECURITIES LENDING. (a) The retirement system may, in the exercise of its constitutional discretion to manage the assets of the retirement system, select one or more commercial banks, depository trust companies, or other entities to serve as custodian or custodians of the system's securities and to lend the securities under rules or policies adopted by the board of trustees and as required by this section.
(b) To be eligible to lend securities under this section, a bank or brokerage firm must:
(1) be experienced in the operation of a fully secured securities loan program;
(2) maintain adequate capital in the prudent judgment of the retirement system to assure the safety of the securities;
(3) execute an indemnification agreement satisfactory in form and content to the retirement system fully indemnifying the retirement system against loss resulting from borrower default in its operation of a securities loan program for the system's securities; and
(4) require any securities broker or dealer to whom it lends securities belonging to the retirement system to deliver to and maintain with the custodian or securities lending agent collateral in the form of cash or securities that are obligations of the United States or agencies or instrumentalities of the United States in an amount equal to but not less than 100 percent of the market value, from time to time, as determined by the retirement system, of the loaned securities.
Added by Acts 1987, 70th Leg., 2nd C.S., ch. 77, Sec. 3, eff. Oct. 20, 1987. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.3012 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 251, Sec. 3, eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 1048, Sec. 18, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1249 (S.B. 1664), Sec. 12, eff. September 1, 2011.
Structure Texas Statutes
Title 8 - Public Retirement Systems
Subtitle B - Employees Retirement System of Texas
Subchapter D. Management of Assets
Section 815.301. Investment of Assets
Section 815.3015. Tracking and Reporting of Profit Share
Section 815.3016. Approval of Certain Alternative Investments
Section 815.302. Custody and Investment of Assets Pending Transactions
Section 815.303. Securities Lending
Section 815.304. Nominee to Hold Securities
Section 815.309. Crediting System Assets
Section 815.311. Employees Saving Account
Section 815.312. State Accumulation Account
Section 815.313. Retirement Annuity Reserve Account
Section 815.314. Interest Account
Section 815.315. Expense Account
Section 815.317. Law Enforcement and Custodial Officer Supplemental Retirement Fund
Section 815.318. Transfer of Assets From Interest Account
Section 815.319. Transfer of Assets on Retirement and Restoration to Active Service
Section 815.321. Transfer of Assets for Death Benefit Annuities
Section 815.322. Transfer of Assets to Adjust Amount in Retirement Annuity Reserve Account