LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
March 3, 1997
TO: Honorable Barry Telford, Chair IN RE: House Joint Resolution
No. 8
Committee on Pensions and Investments By: Stiles
House
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on HJR8 ( Proposing
a constitutional amendment to extend the full faith and credit
of the state to support the Texas tomorrow fund.) this office
has detemined the following:
Biennial Net Impact to General Revenue Funds by HJR8-As Introduced
No fiscal implication to the State is anticipated, other than
the cost of publication.
The cost to the state for publication
of the resolution is $71,000.
The resolution would propose a constitutional amendment to establish
the Texas Tomorrow Fund (fund) as a constitutional trust fund,
extend the full faith and credit of Texas to the fund, and allow
fund assets to be invested in accordance with the prudent person
rule. The fund would be dedicated to the prepayment of tuition
and fees for higher education under the prepaid higher education
tuition program.
In the event there was not enough money
in the fund to pay the tuition and fees for a beneficiary, the
resolution would require the first money that came into the
State Treasury that was not appropriated by the Constitution
to be transferred to the fund to pay the tuition and required
fees.
By extending the full faith and credit guarantee, the
resolution would provide an additional degree of financial assurance
to contract purchasers. The Texas Veterans Land Board loan
programs and the Hinson-Hazelwood student loan programs have
the full faith and credit guarantee of the state. These guarantees
have never been used.
The fund was designed to be and is
operating in a self-supporting manner as a trust fund. The
fund has sufficient safeguards in place to prevent the guarantee
from being used. By establishing the Texas Tomorrow Fund and
allowing contracts to be written the Legislature has, in effect,
created an implied state guarantee.
Almost all successful
and effective trust funds manage their assets under the prudent
person rule. The rule would allow the fund to, over the long
term, provide superior investment returns and, thus, lower payments
to contract purchasers of a fund plan.
The proposed constitutional
amendment would be submitted to the voters at an election to
be held November 4, 1997.
No fiscal implication to units of local government is anticipated.
Source: Agencies: 781 Higher Education Coordinating Board
304 Comptroller of Public Accounts
LBB Staff: JK ,PE ,LD