By Ratliff                                            S.B. No. 1923

         75R9874 RJA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to use of state funds for certain investments.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 404.024, Government Code, is amended by

 1-5     adding Subsection (j) to read as follows:

 1-6           (j)  The comptroller may not use state funds to invest in or

 1-7     purchase securities, including obligations, of a private

 1-8     corporation or other private business entity that directly or

 1-9     indirectly through ownership of 10 percent or more of another

1-10     corporation or business entity, writes, records, produces,

1-11     advertises, markets, sells, or otherwise promotes any song, lyrics,

1-12     or other musical work that explicitly describes, glamorizes, or

1-13     advocates:

1-14                 (1)  acts of criminal violence, including murder,

1-15     assault, assault on peace officers, sexual assault, and robbery;

1-16                 (2)  necrophilia, bestiality, or pedophilia;

1-17                 (3)  illegal use of controlled substances;

1-18                 (4)  criminal street gang activity;

1-19                 (5)  degradation or denigration of females; or

1-20                 (6)  violence against a particular sex, race, or ethnic

1-21     group.

1-22           SECTION 2.  Subchapter B, Chapter 2256, Government Code, is

1-23     amended by adding Section 2256.060 to read as follows:

1-24           Sec. 2256.060.  UNAUTHORIZED INVESTMENT.  The state or an

 2-1     entity of state government, including a department, commission,

 2-2     board, office, or institution of higher education as defined by

 2-3     Section 61.003, Education Code, may not use state funds to invest

 2-4     in or purchase securities, including obligations, of a private

 2-5     corporation or other private business entity that directly or

 2-6     indirectly through ownership of 10 percent or more of another

 2-7     corporation or business entity, writes, records, produces,

 2-8     advertises, markets, sells, or otherwise promotes any song, lyrics,

 2-9     or other musical work that explicitly describes, glamorizes, or

2-10     advocates:

2-11                 (1)  acts of criminal violence, including murder,

2-12     assault, assault on peace officers, sexual assault, and robbery;

2-13                 (2)  necrophilia, bestiality, or pedophilia;

2-14                 (3)  illegal use of controlled substances;

2-15                 (4)  criminal street gang activity;

2-16                 (5)  degradation or denigration of females; or

2-17                 (6)  violence against a particular sex, race, or ethnic

2-18     group.

2-19           SECTION 3.  Section 845.301, Government Code, is amended by

2-20     adding Subsection (f) to read as follows:

2-21           (f)  The board may not use state funds to invest in or

2-22     purchase securities, including obligations, of a private

2-23     corporation or other private  business entity that directly or

2-24     indirectly through ownership of 10 percent or more of another

2-25     corporation or business entity, writes, records, produces,

2-26     advertises, markets, sells, or otherwise promotes any song, lyrics,

2-27     or other musical work that explicitly describes, glamorizes, or

 3-1     advocates:

 3-2                 (1)  acts of criminal violence, including murder,

 3-3     assault, assault on peace officers, sexual assault, and robbery;

 3-4                 (2)  necrophilia, bestiality, or pedophilia;

 3-5                 (3)  illegal use of controlled substances;

 3-6                 (4)  criminal street gang activity;

 3-7                 (5)  degradation or denigration of females; or

 3-8                 (6)  violence against a particular sex, race, or ethnic

 3-9     group.

3-10           SECTION 4.  Section 855.302, Government Code, is amended by

3-11     adding Subsection (c) to read as follows:

3-12           (c)  The board may not use state funds to invest in or

3-13     purchase securities, including obligations, of a private

3-14     corporation or other private  business entity that directly or

3-15     indirectly through ownership of 10 percent or more of another

3-16     corporation or business entity, writes, records, produces,

3-17     advertises, markets, sells, or otherwise promotes any song, lyrics,

3-18     or other musical work that explicitly describes, glamorizes, or

3-19     advocates:

3-20                 (1)  acts of criminal violence, including murder,

3-21     assault, assault on peace officers, sexual assault, and robbery;

3-22                 (2)  necrophilia, bestiality, or pedophilia;

3-23                 (3)  illegal use of controlled substances;

3-24                 (4)  criminal street gang activity;

3-25                 (5)  degradation or denigration of females; or

3-26                 (6)  violence against a particular sex, race, or ethnic

3-27     group.

 4-1           SECTION 5.  A governmental entity or retirement system that

 4-2     owns an investment prohibited by this Act shall divest the

 4-3     investment as soon as is reasonable and practical considering

 4-4     protection of capital, but not later than January 1, 1999.

 4-5           SECTION 6.  The importance of this legislation and the

 4-6     crowded condition of the calendars in both houses create an

 4-7     emergency and an imperative public necessity that the

 4-8     constitutional rule requiring bills to be read on three several

 4-9     days in each house be suspended, and this rule is hereby suspended.