HBA-NLM C.S.H.J.R. 58 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.J.R. 58
By: Junell
Appropriations
4/23/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

C.S.H.J.R. 58  proposes that the available university fund consists of the
distributions made to it from the total return on all investment assets of
the PUF,  determined by the  Board of Regents of the University of Texas
System (board). As proposed, C.S.H.J.R. 58 requires the submission to the
voters of a constitutional amendment authorizing the board to sell, lease,
exchange, or otherwise manage any kind of investment in accordance with the
standards of a prudent investor.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11b, Article VII, Texas Constitution, as follows:

11(b).  Authorizes the Board of Regents of the University of Texas System
(board) to sell, lease, exchange, or otherwise manage the any kind of
investment that prudent investors, exercising reasonable care, skill, and
caution, would acquire or retain in light of the purposes, terms,
distribution requirements, and other circumstances of the fund then
prevailing, taking into consideration the investment of all the assets of
the fund rather than a single investment.  

SECTION 2.  Amends Section 18, Article VII, Texas Constitution, by amending
Subsection (e) and adding Subsection (f), as follows: 

(e)  Provides that the available university fund consists of distributions
made to it from the total return on all investment assets of the permanent
university fund including the net income from grazing leases of permanent
university fund land.  Requires the amount of any distributions to the
available university fund to be determined by the board in a manner
intended to provide the available university fund with a stable and
predictable stream of annual distributions and to maintain overtime the
purchasing power of permanent university fund investments and annual
distributions to the available university fund.  Specifies the amount to be
distributed in a fiscal year.  Prohibits the board from increasing annual
distributions until certain conditions are met.  Prohibits the annual
distribution made by the board to the available university fund from
exceeding a specified amount during any fiscal year.  Requires the expenses
of managing permanent university fund land and investments to be paid by
the permanent university fund. 

(f)  Requires one-third of the available university fund to annually be
appropriated in the manner provided by this subsection, rather than an
annual sum sufficient to pay the principal and interest due on certain
bonds and notes and the requirement to exercise discretion in making
equitable appropriations, to the Texas A&M System and its component
institutions. Requires the other two-thirds of the available university
fund to annually be appropriated in the manner provided by this subsection,
rather than to the University of Texas System and its component
institutions. 

SECTION 3.  Provides a temporary provision to the Texas Constitution, as
follows: 
 
TEMPORARY PROVISION.  Provides that the amendment of Section 18, Article
VII, Texas Constitution, adopted in 1999 does not impair any obligation
created by the issuance of bonds or notes in accordance with that section
before January 1, 2000, and all outstanding bonds and notes validly issued
under those sections remain valid, enforceable, and binding and shall be
paid in full, both principal and interest, in accordance with their terms
and from the sources pledged to the payment of the bonds. Requires a
specified amount to be distributed to pay the principal and interest due
and owing during the fiscal year on those bonds and notes.  Provides that
this section expires January 1, 2030. 

SECTION 4.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.J.R. 58 modifies the original in the caption by proposing a
constitutional amendment relating to the investment of the permanent
university fund and to distributions from that fund to the available
university fund. 

C.S.H.J.R. 58 removes the following amendments proposed in the original:

SECTION 1.  Redesignates Sections 11, 11b, 12, and 18, Article VII, Texas
Constitution, as Section 18, as follows: 

Sec. 18. (a) Provides the purpose for the establishment of the permanent
university fund  and sets forth the composition of that fund.  Deletes
existing text relating to the requirement for certain proceeds, grants,
donations and other appropriations to constitute and become a Permanent
University Fund. 

(b)   Provides that the permanent university fund is held in perpetual
trust for the people of this state and for the use and benefit of the
institutions described by Subsections (e) and (f) of this section.
Prohibits spending of the principal of the fund. 

(c)  Redesignated from existing Section 11b.  Authorizes the Board of
Regents of the University of Texas System (board) to sell, lease, exchange,
or otherwise manage the assets of the fund in the manner prescribed by law
and requires the board to invest all proceeds. Provides that the authority
of the board to acquire, exchange, and  otherwise act as described by this
section, is subject to general law. Deletes existing Section 12 relating to
the selling of land herein set apart to the University fund.  Deletes
existing Sections 18(a)-(d)  relating the Board of Regents of the Texas A&M
University System's authority to issue bonds and notes for improvements,
repairs, acquisitions and refunding for certain component institutions of
the system. Makes nonsubstantive changes. 

(d)  Provides that the available university fund consists of the income,
rather than dividends, interest, and other income, from the permanent
university fund less administrative expenses and less, rather than
including, the net income from grazing leases of permanent university fund
land. 

(e)  Requires one-third of the available university fund to annually be
appropriated in the manner provided by this subsection, rather than an
annual sum sufficient to pay the principal and interest due on certain
bonds and notes and the requirement to exercise discretion in making
equitable appropriations, to the Texas A&M System and its component
institutions. 

(f) Requires the other two-thirds of the available university fund to
annually be appropriated in the manner provided by this subsection, rather
than to the University of Texas System and its component institutions. 

(g)  Requires the board of regents of each university system to exercise
its discretion with  due regard to the criteria the board considers
appropriate from year to year.  Deletes existing Subsection (g) relating to
the requirement that bonds and notes issued be payable solely out of the
available university fund. 

(h)  Authorizes the board of regents of specified university systems to
issue bonds and notes, and pledge their respective shares of the available
university fund for certain purposes described by this subsection.
Provides that bonds and notes issued under this subsection shall be for the
benefit of the institutions described by Subsections (e) and (f) of this
state.  Deletes existing Subsection (h) relating to the assurance of
efficient use of construction funds. 

Deletes existing Subsection (i) relating to the prohibition of the state
systems and institutions from receiving any funds from the general revenue
of the state for certain purposes. 

Deletes existing Subsection (j) relating to the provision that this section
is self-enacting on the issuance of the governor's proclamation. 

SECTION 2.  Amends Section 17, Article VII, Texas Constitution, as follows:

Sec. 17.  (a)  Provides that each fiscal year, rather than the fiscal year
beginning September 1, 1985, and thereafter, there is appropriated $250
million to be allocated as provided by law to the state's institutions of
higher education other than an institution that benefits from the permanent
university fund under Section 18 of this article or a junior college for
the purpose set forth in this subsection.  Authorizes the legislature to
appropriate additional money for that purpose. Deletes the provision
relating to money appropriated for the purpose of paying for acquiring,
constructing or equipping or for major repairs.  Deletes and the authority
of the legislature to increase the amount of the constitutional
appropriation.  

(b)  Authorizes the governing board of an institution authorized to
participate in the distribution of money under this section to issue
negotiable bonds or, rather than and, notes for the benefit of the
institution payable from the institution's allocations under this section.
Prohibits the aggregate principal amount of bonds from exceeding 50 percent
of the value of the funds appropriated to the institution under this
section.  Authorizes the legislature to, by provision in the general
appropriations bill, adjust the allocation of the funds for the ensuing
biennium but may not adjust the appropriation as provided. Authorizes the
bonds and notes to be used for the purposes enumerated in this section.
Deletes the provision that provided for the use of funds appropriated under
Subsection (a) for certain universities. 

(c)  Authorizes the legislature by general law to provide for and regulate:

_the pledge of these funds for bonds or refunding bonds;
_the manner of sale and maturities for bonds payable from these funds;
_the depository for these funds;
_the transfers of these funds by the comptroller to the institutions; and
_the incontestability of bonds approved by the attorney general.

Deletes existing Subsection (c) relating to the entitlement of certain
universities to participate in the funding provided by this section. 

(d)  Redesignated from existing Subsection (f) and makes a nonsubstantive
change. Deletes existing Subsection (d) relating to annual appropriations
to the governing boards of eligible agencies and institutions of higher
education. 

(e)  Redesignated from existing Subsection (i) and prohibits spending the
principal of the fund for any purpose except on affirmative vote of
two-thirds of the membership of each house of the legislature.  Requires
the income from the investment of the fund, rather than the higher
education fund, to be credited to the fund until the fund balance equals $2
billion.  Requires the income from investment of the fund to be expended
for certain purposes after the balance of the fund reaches $2 billion.
Requires the appropriation required by Subsection (a) to cease at the
beginning of the first fiscal year after the fund balance reaches $2
billion. 

(f)  Prohibits an allocation under this section to the Texas State
Technical College System and its campuses from exceeding 2.2 percent of the
total of all allocations in any fiscal year.   

Delete Subsections (g), (h), (j), and (l), requiring the comptroller to
transfer funds, authorizing the legislature to provide for the construction
projects, prohibiting the receipt of additional funds, prohibiting the
expense of funds for land and improvements, and providing that this section
is self-enacting. 

SECTION 4.  Repealer:  Section 11a (Investment of Permanent University
Fund), Article VII, Texas Constitution. 

C.S.H.J.R 58 adds new SECTIONS 1-4.  For a complete analysis of these new
sections, please see the Section-by-Section Analysis portion of this
document.