By:  Henderson                                         S.B. No. 709
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the management, investment, and expenditure of funds
    1-2  held by public institutions of higher education.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 163.002, Property Code, is amended to
    1-5  read as follows:
    1-6        Sec. 163.002.  Legislative Findings and Purpose.  (a) The
    1-7  legislature finds that:
    1-8              (1)  publicly and privately supported educational,
    1-9  religious, and charitable organizations perform essential and
   1-10  needed services in the state;
   1-11              (2)  uncertainty regarding legal restrictions on the
   1-12  management, investment, and expenditure of endowment funds of the
   1-13  organizations has in many instances precluded obtaining the highest
   1-14  available return on endowment funds; and
   1-15              (3)  the organizations, their officers, directors, and
   1-16  trustees, and the citizens of this state will benefit from removal
   1-17  of the uncertainty and by permitting endowment funds to be invested
   1-18  for the long-term goals of achieving growth and maintaining
   1-19  purchasing power without adversely affecting availability of funds
   1-20  for current expenditure.
   1-21        (b)  The purpose of this chapter is to provide guidelines for
   1-22  the management, investment, and expenditure of endowment funds of
   1-23  publicly and privately supported educational, religious, and
   1-24  charitable organizations in order to eliminate the uncertainty
    2-1  regarding legal restrictions on the management, investment, and
    2-2  expenditure of the funds and to enable the organizations to
    2-3  maximize their resources.
    2-4        SECTION 2.  Section 163.003, Property Code, is amended by
    2-5  amending Subdivision (5) and adding Subdivision (7) to read as
    2-6  follows:
    2-7              (5)  "Institution" means an incorporated or
    2-8  unincorporated organization organized and operated exclusively for
    2-9  educational, religious, or charitable purposes, an institution of
   2-10  higher education, or a foundation chartered for the benefit of an
   2-11  institution of higher education.  The term does not include<:>
   2-12                    <(A)  an institution of higher education as
   2-13  defined by Section 61.003, Education Code, or other governmental
   2-14  entity, or a foundation chartered for the benefit of that type of
   2-15  institution or entity, or the benefit of a component of that type
   2-16  of institution or entity; or>
   2-17                    <(B)>  a private foundation as defined by Section
   2-18  509(a) of the Internal Revenue Code of 1986.
   2-19              (7)  "Institution of higher education" has the meaning
   2-20  assigned by Section 61.003, Education Code.
   2-21        SECTION 3.  Section 163.004, Property Code, is amended by
   2-22  amending Subsection (a) and adding Subsection (e) to read as
   2-23  follows:
   2-24        (a)  Except as provided by Subsection (e), the <The>
   2-25  governing board may appropriate for expenditure, for the uses and
   2-26  purposes for which the fund is established, the net appreciation,
   2-27  realized and unrealized, in the fair market value of the assets of
    3-1  an endowment fund over the historic dollar value of the fund to the
    3-2  extent prudent under the standard provided by Section 163.007.
    3-3        (e)  The governing board of an institution of higher
    3-4  education may not appropriate for expenditure the net unrealized
    3-5  appreciation of the assets of an endowment fund.
    3-6        SECTION 4.  The importance of this legislation and the
    3-7  crowded condition of the calendars in both houses create an
    3-8  emergency and an imperative public necessity that the
    3-9  constitutional rule requiring bills to be read on three several
   3-10  days in each house be suspended, and this rule is hereby suspended,
   3-11  and that this Act take effect and be in force from and after its
   3-12  passage, and it is so enacted.