By Stiles                                             H.B. No. 1877
                                 A BILL TO BE ENTITLED
    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(c), Education Code, is amended to
    1-6  read as follows:
    1-7        (c)  The board has authority to promulgate and enforce such
    1-8  other rules and regulations for the operation, control and
    1-9  management of the university system and the component institutions
   1-10  thereof as the board may deem either necessary or desirable,
   1-11  including rules and regulations delegating to its committees,
   1-12  officers, employees, or other agents the authority to perform such
   1-13  duties and powers of the board as are designated by the board.
   1-14        SECTION 2.  Section 65.34(a), Education Code, is amended to
   1-15  read as follows:
   1-16        (a)  A contract <All contracts with architects, plan makers,
   1-17  landscapers, or draftsmen, or with any other person, firm, or
   1-18  corporation of whatever name or designation> shall be <absolutely
   1-19  void unless> approved by the <signed written vote of a majority of
   1-20  the> board or otherwise made and entered into in accordance with
   1-21  rules and regulations of the board related to contracting authority
   1-22  <in a regular or called meeting assembled>.
   1-23        SECTION 3.  Section 66.08, Education Code, is amended to read
    2-1  as follows:
    2-2        Sec. 66.08.  <EXTERNAL> INVESTMENT MANAGEMENT <MANAGERS>.
    2-3  The board of regents of The University of Texas System may delegate
    2-4  investment authority and contract for the investment of the
    2-5  permanent university fund to the same extent as governing boards of
    2-6  institutions of higher education are authorized to do for
    2-7  institutional funds by the Uniform Management of Institutional
    2-8  Funds Act (Chapter 163, Property Code) <with private investment
    2-9  managers to assist the board in making investments of the permanent
   2-10  university fund>.
   2-11        (b)  In addition to other investment powers granted to it,
   2-12  the board may contract with a non-profit corporation and delegate
   2-13  to it the authority to act for the board in the investment of such
   2-14  funds under the control and management of the board as are
   2-15  designated by the board, including the permanent university fund,
   2-16  subject to the provisions of this section.
   2-17        (c)  If the board contracts with a non-profit corporation
   2-18  under this section, the board shall:
   2-19              (1)  dedicate the corporation solely to managing the
   2-20  investment of funds under the control and management of the board
   2-21  that are designated by the board;
   2-22              (2)  approve all articles of incorporation and by-laws
   2-23  of the corporation and any amendment to the articles or the
   2-24  by-laws;
   2-25              (3)  approve all investment policies of the corporation
    3-1  and any changes to those policies;
    3-2              (4)  have the power to appoint and remove directors of
    3-3  the corporation;
    3-4              (5)  appoint at least three board members and the
    3-5  Chancellor of The University of Texas System as directors of the
    3-6  corporation;
    3-7              (6)  require the corporation to file quarterly reports
    3-8  with the board concerning such matters as may be required by the
    3-9  board;
   3-10              (7)  require the corporation to be subject to all
   3-11  provisions of the Texas Non-Profit Corporation Act (Article
   3-12  1396-1.01, Vernon's Texas Civil Statutes), including those
   3-13  provisions allowing the state auditor to audit books and records of
   3-14  corporations assisting state agencies; and,
   3-15              (8)  require the corporation to have an audit and
   3-16  ethics committee and a code of ethics approved by the board.
   3-17        (d)  A corporation entering into an agreement with the board
   3-18  pursuant to subsection (b) may not enter into any agreement or
   3-19  transaction with:
   3-20              (1)  a director, officer or employee of the corporation
   3-21  acting in other than their official capacity with the corporation,
   3-22  or with a business entity in which a director, officer, or employee
   3-23  of the corporation has a business interest; or,
   3-24              (2)  a former director, officer, or employee of the
   3-25  corporation or with a business entity in which a former director,
    4-1  officer or employee of the corporation has a business interest, on
    4-2  or before the second anniversary of the date the person ceased to
    4-3  be a director, officer or employee of the corporation.
    4-4        (e)  An agreement or transaction entered into in violation of
    4-5  subsection (d) is void and unenforceable.
    4-6        (f)  For purposes of this section, a person has an interest
    4-7  in a business entity if:
    4-8              (1)  the person owns five percent or more of the voting
    4-9  stock or shares of the business entity or owns five percent or more
   4-10  of the fair market value of the business entity; or
   4-11              (2)  funds received by the person from the business
   4-12  entity exceed five percent of the person's gross income for the
   4-13  previous year.
   4-14        (g)  As used in this section:
   4-15              (1)  "Board" means the board of regents of The
   4-16  University of Texas System;
   4-17              (2)  "Governing board," "institutional funds" and
   4-18  "institution of higher education" have the meanings assigned by the
   4-19  Uniform Management of Institutional Funds Act (Chapter 163,
   4-20  Property Code).
   4-21        SECTION 4.  The importance of this legislation and the
   4-22  crowded condition of the calendars in both houses create an
   4-23  emergency and an imperative public necessity that the
   4-24  constitutional rule requiring bills to be read on three several
   4-25  days in each house be suspended, and this rule is hereby suspended,
    5-1  and that this Act take effect and be in force from and after its
    5-2  passage, and it is so enacted.