H.B. No. 1877
    1-1                                AN ACT
    1-2  relating to the authority of the board of regents of The University
    1-3  of Texas System to delegate certain powers and duties of the board.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 65.31, Education Code, is amended by
    1-6  adding Subsection (g) to read as follows:
    1-7        (g)  The board by rule may delegate a power or duty of the
    1-8  board to a committee, officer, employee, or other agent of the
    1-9  board.
   1-10        SECTION 2.  Section 65.34, Education Code, is amended to read
   1-11  as follows:
   1-12        Sec. 65.34.  Contracts.  A contract must <(a)  All contracts
   1-13  with architects, plan makers, landscapers, or draftsmen, or with
   1-14  any other person, firm, or corporation of whatever name or
   1-15  designation shall> be <absolutely void unless> approved by the
   1-16  <signed written vote of a majority of the> board or otherwise
   1-17  entered into in accordance with rules of the board relating to
   1-18  contracting authority <in regular or called meeting assembled>.
   1-19        SECTION 3.  Section 66.08, Education Code, is amended to read
   1-20  as follows:
   1-21        Sec. 66.08.  <EXTERNAL> INVESTMENT MANAGEMENT <MANAGERS>.
   1-22  (a)  The board <of regents of The University of Texas System> may
   1-23  delegate investment authority and contract for the investment of
    2-1  the permanent university fund to the same extent as the governing
    2-2  board of an institution of higher education with respect to an
    2-3  institutional fund under Chapter 163, Property Code <with private
    2-4  professional investment managers to assist the board in making
    2-5  investments of the permanent university fund>.
    2-6        (b)  The board may enter into a contract with a nonprofit
    2-7  corporation for the corporation to invest funds under the control
    2-8  and management of the board, including the permanent university
    2-9  fund, as designated by the board.  The corporation may not engage
   2-10  in any business other than investing funds designated by the board
   2-11  under the contract.
   2-12        (c)  The board must approve the:
   2-13              (1)  articles of incorporation and bylaws of the
   2-14  corporation and any amendment to the articles of incorporation or
   2-15  bylaws;
   2-16              (2)  investment policies of the corporation, including
   2-17  changes to those policies;
   2-18              (3)  audit and ethics committee of the corporation; and
   2-19              (4)  code of ethics of the corporation.
   2-20        (d)  The board of directors of the corporation shall have
   2-21  nine members.  The board shall appoint and remove all members of
   2-22  the board of directors of the corporation.  At least three members
   2-23  of the board and the chancellor of The University of Texas System
   2-24  shall be appointed as directors.
   2-25        (e)  The board shall select one or more of the members of the
    3-1  board of directors of the corporation from a list of candidates
    3-2  with substantial background and expertise in investments that is
    3-3  submitted to the board by the board of regents of The Texas A&M
    3-4  University System.
    3-5        (f)  If an investment contract entered into under Subsection
    3-6  (b) includes the permanent university fund within the scope of
    3-7  funds under the control and management of the board to be invested
    3-8  by the corporation, the board shall provide for an annual financial
    3-9  audit of the permanent university fund.  The audit shall be
   3-10  performed by the auditors of The University of Texas System and The
   3-11  Texas A&M University System and presented to the board.
   3-12        (g)  The corporation shall file quarterly reports with the
   3-13  board concerning matters required by the board.
   3-14        (h)  The corporation is subject to the Texas Non-Profit
   3-15  Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
   3-16  Statutes).
   3-17        (i)  The corporation may not enter into an agreement or
   3-18  transaction with a:
   3-19              (1)  director, officer, or employee of the corporation
   3-20  acting in other than an official capacity on behalf of the
   3-21  corporation;
   3-22              (2)  business entity in which a director, officer, or
   3-23  employee of the corporation has an interest;
   3-24              (3)  former director, officer, or employee of the
   3-25  corporation on or before the second anniversary of the date the
    4-1  person ceased to be a director, officer, or employee of the
    4-2  corporation; or
    4-3              (4)  business entity in which a former director,
    4-4  officer, or employee of the corporation has an interest on or
    4-5  before the second anniversary of the date the person ceased to be a
    4-6  director, officer, or employee of the corporation.
    4-7        (j)  An agreement or transaction entered into in violation of
    4-8  Subsection (i) is void.
    4-9        (k)  For purposes of this section, a person has an interest
   4-10  in a business entity if:
   4-11              (1)  the person owns five percent or more of the voting
   4-12  stock or shares of the business entity;
   4-13              (2)  the person owns five percent or more of the fair
   4-14  market value of the business entity; or
   4-15              (3)  money received by the person from the business
   4-16  entity exceeds five percent of the person's gross income for the
   4-17  preceding calendar year.
   4-18        (l)  In this section:
   4-19              (1)  "Board" means the board of regents of The
   4-20  University of Texas System.
   4-21              (2)  "Governing board," "institutional fund," and
   4-22  "institution of higher education" have the meanings assigned by
   4-23  Chapter 163, Property Code.
   4-24        SECTION 4.  Before implementing the first contract entered
   4-25  into by it that includes the permanent university fund within the
    5-1  scope of funds under the management and control of the board to be
    5-2  invested by a corporation pursuant to the authority granted by
    5-3  Section 66.08, Education Code, as amended by this Act, the board of
    5-4  regents of The University of Texas System shall retain an
    5-5  independent accounting firm to perform a financial audit of the
    5-6  permanent university fund.
    5-7        SECTION 5.  If any provision of this Act or its application
    5-8  to any circumstance is held invalid, the invalidity does not affect
    5-9  other provisions or applications of this Act that can be given
   5-10  effect without the invalid provision or application, and to this
   5-11  end the provisions of this Act are declared severable.
   5-12        SECTION 6.  The importance of this legislation and the
   5-13  crowded condition of the calendars in both houses create an
   5-14  emergency and an imperative public necessity that the
   5-15  constitutional rule requiring bills to be read on three several
   5-16  days in each house be suspended, and this rule is hereby suspended,
   5-17  and that this Act take effect and be in force from and after its
   5-18  passage, and it is so enacted.