The comptroller must allocate and credit investment interest among specified funds, and must transfer certain depository-interest amounts back to the general revenue fund. The legislature may reimburse the comptroller from interest, and the comptroller may use a special demand account, rely on the attorney general, and adopt rules for administration.
Sec. 404.071. DISPOSITION OF INTEREST ON INVESTMENTS. (a) Interest received from investments of money in funds and accounts in the charge of the comptroller shall be allocated on a monthly basis as follows: (1) the pro rata portion of the interest received due to each constitutional fund shall be credited to that fund; (2) the pro rata portion of the interest received due to the game, fish, and water safety fund shall be credited to that fund; and (3) the remainder of the interest received shall be credited to the general revenue fund. (b) The legislature may appropriate a portion of the interest under Subsection (a) to the comptroller in the amount necessary to reimburse the comptroller for costs incurred in receiving, paying, accounting for, investing, and safekeeping money in those funds and accounts. Amounts appropriated for that purpose shall be deposited to the credit of the fund established for the deposit of commissions reserved to the comptroller under Section 404.052(d). (c) If a deficit occurs in the general revenue fund, the comptroller may place with a designated depository bank an offsetting compensating balance in a special depository account known as a special demand account secured by general revenue warrants only. (d) The comptroller is entitled to rely on the opinion and advice of the attorney general for the proper interpretation and application of this section. (e) For each special fund or account that contains depository interest, the comptroller shall transfer from the fund or account to the general revenue fund an amount equal to the interest paid from the general revenue fund on behalf of the fund or account. In this subsection: (1) "Account" means a subdivision of a special fund or the general revenue fund. (2) "Fund" and "special fund" have the meanings assigned by Section 403.001. (f) The comptroller may adopt procedures and rules to administer Subsection (e). (g) Subsection (e) applies notwithstanding any other law. Acts 1987, 70th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 4, Sec. 2.07(a), eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 438, Sec. 1, eff. June 6, 1993; Acts 1993, 73rd Leg., ch. 449, Sec. 33, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 426, Sec. 24, eff. June 9, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 7.66, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 16, Sec. 1, eff. April 20, 2001.