75R8219 RJA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to extend the full faith and
1-2 credit of the state to support the Texas tomorrow fund.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article VII, Texas Constitution, is amended by
1-5 adding Section 19 to read as follows:
1-6 Sec. 19. TEXAS TOMORROW FUND. (a) The Texas tomorrow fund
1-7 is created as a trust fund dedicated to the prepayment of tuition
1-8 and fees for higher education as provided by the general laws of
1-9 this state for the prepaid higher education tuition program. The
1-10 assets of the fund are held in trust for the benefit of
1-11 participants and beneficiaries and may not be diverted. The state
1-12 shall hold the assets of the fund for the exclusive purposes of
1-13 providing benefits to participants and beneficiaries and defraying
1-14 reasonable expenses of administering the program.
1-15 (b) Financing of benefits must be based on sound actuarial
1-16 principles. The amount contributed by a person participating in
1-17 the prepaid higher education program shall be as provided by the
1-18 general laws of this state, but may not be less than the amount
1-19 anticipated for tuition and required fees based on sound actuarial
1-20 principles. If in any fiscal year there is not enough money in the
1-21 Texas tomorrow fund to pay the tuition and required fees of an
1-22 institution of higher education in which a beneficiary enrolls or
1-23 the appropriate portion of the tuition and required fees of a
1-24 private or independent institution of higher education in which a
1-25 beneficiary enrolls as provided by a prepaid tuition contract,
2-1 there is appropriated out of the first money coming into the state
2-2 treasury in each fiscal year not otherwise appropriated by the
2-3 constitution the amount that is sufficient to pay the applicable
2-4 amount of tuition and required fees of the institution.
2-5 (c) Assets of the fund may be invested by an entity
2-6 designated by general law in securities considered prudent
2-7 investments. Investments shall be made in the exercise of judgment
2-8 and care under the circumstances that a person of ordinary
2-9 prudence, discretion, and intelligence exercises in the management
2-10 of the person's affairs, not for speculation, but for the permanent
2-11 disposition of funds, considering the probable income from the
2-12 disposition as well as the probable safety of capital.
2-13 (d) The state comptroller of public accounts shall take the
2-14 actions necessary to implement this section.
2-15 (e) To the extent this section conflicts with any other
2-16 provision of this constitution, this section controls.
2-17 SECTION 2. This proposed constitutional amendment shall be
2-18 submitted to the voters at an election to be held November 4, 1997.
2-19 The ballot shall be printed to permit voting for or against the
2-20 proposition: "The constitutional amendment to encourage persons to
2-21 plan and save for young Texans' college education, to extend the
2-22 full faith and credit of the state to protect the Texas tomorrow
2-23 fund of the prepaid higher education tuition program, and to
2-24 establish the Texas tomorrow fund as a constitutionally protected
2-25 trust fund."