Sec. 2257.102. POOLED COLLATERAL PROGRAM    


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  • (a) As an alternative to collateralization under Subchapter B, the comptroller by rule shall establish a program for centralized pooled collateralization of deposits of public funds and for monitoring collateral maintained by participating institutions. The rules must provide that deposits of public funds of a county are not eligible for collateralization under the program. The comptroller shall provide for a separate collateral pool for any single participating institution's deposits of public funds.

    (b) Under the pooled collateral program, the collateral of a participating institution pledged for a public deposit may not be combined with, cross-collateralized with, aggregated with, or pledged to another participating institution's collateral pools for pledging purposes.

    (c) A participating institution may pledge its pooled securities to more than one participating depositor under contract with that participating institution.

    (d) The pooled collateral program must provide for:

    (1) participation in the program by a participating institution and each affected public entity to be voluntary;

    (2) uniform procedures for processing all collateral transactions that are subject to an approved security agreement described by Section 2257.103; and

    (3) the pledging of a participating institution's collateral securities using a single custodial account instead of an account for each depositor of public funds.

Added by Acts 2009, 81st Leg., R.S., Ch. 486 , Sec. 1, eff. September 1, 2009.