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