LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 7, 1997
         
         
      TO: Honorable Bill Ratliff, Chair            IN RE:  House Bill No. 138, As Engrossed
          Committee on Finance                              By: Woolley/et al.
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB138 ( Relating 
to authorization of the creation of Texas growth fund II.) this 
office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB138-As Engrossed
         
Implementing the provisions of the bill would result in a net 
impact of $0 to General Revenue Related Funds through the biennium 
ending August 31, 1999.
         
The bill would authorize creation the Texas Growth Fund II (TGFII) 
as provided by Section 70(m), Article XVI, Texas Constitution. 
   The Permanent University Fund, Teacher Retirement System, 
Permanent School Fund, Employee Retirement System and other 
pension systems created under the Texas Constitution or state 
statute could invest in TGF II.   TGFII would replace the current 
Texas Growth Fund (TGF) which must be liquidated after November 
1, 1998.   A portion of TGFII could be placed in venture capital 
investments.

The fund would be managed by a nine-member board 
consisting of four public members appointed by the governor 
and one member from each of the following:  the University of 
Texas Board of Regents, the Texas A&M Board of Regents, the 
Teacher Retirement System, the Employee Retirement System, and 
the State Board of Education.

The TGF board has created TGF 
Management Corporation to manage its investments.  The original 
contract with the management firm paid the firm the lesser of 
1 1/2% of endowment and pension funds invested or $750,000.

In 
addition, the management firm will receive deferred payments 
of 10% of the return to the fund in excess of the annual rate 
of return on U.S. Treasury notes if the return on treasury notes 
is between 5% and 8%. If the return on treasury notes is above 
8% the firm receives 10% of the TGF return above 8%.  If the 
treasury note return is below 5%, the firm receives 10% of TGF 
returns above 5%.

TGF Management reported expenditures of $625,000 
in calendar year 1994, $643,000  in 1995, and $888,000 in 1996. 
 It requested a budget of $1,250,000 for 1997.   Of the $1,250,000 
in the proposed 1997 budget, $700,000 is budgeted for salaries 
for six employees. The TGF Management budgets through 1997 reflect 
no deferred payments.

In addition to payments to the management 
firm, the TGF pays for the following:  expenses related to meeting 
of the TGF board including travel and expenses of the board 
members; brokerage, registration, legal, accounting and other 
professional fees.  These costs were $45,000 in 1996, including 
$1,400 in travel expenses for TGF board members.

The Permanent 
University Fund, Teacher Retirement System and the Fire and 
Police Pension Fund of San Antonio have invested in the TGF. 
 The Teacher Retirement System and the Fire and Police Pension 
Fund of San Antonio have indicated that they are likely to participate 
in TGFII.  The Employee Retirement System, the Permanent University 
Fund, and Texas Education Agency have indicated that they currently 
have no plans to participate in the TGFII.

No appropriation 
of state funds would be required to finance the TGFII.  Participation 
in the TGF and TGFII is voluntary.  Operating costs would be 
apportioned among the participating pension funds and endowments.
         
 
          
No direct fiscal implication to units of local government is 
anticipated.  However, local government pension systems would 
be eligible to participate in the fund.
          
   Source:            Agencies:   304   Comptroller of Public Accounts
                                         323   Teacher Retirement System and Optional Retirement Program
                                         327   Employees Retirement System
                                         701   Texas Education Agency - Administration
                                         710   Texas A&M University System
                                         720   University of Texas System Administration
                                         
                      LBB Staff:   JK ,PE ,RS