By Ellis S.B. No. 582 76R676 KKA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of the State Board of Education to manage 1-3 the permanent school fund. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 43.003, Education Code, is amended to 1-6 read as follows: 1-7 Sec. 43.003. INVESTMENT OF PERMANENT SCHOOL FUND. In 1-8 compliance with this section, the State Board of Education may 1-9 invest the permanent school fund in the types of securities, which 1-10 must be carefully examined by the State Board of Education and be 1-11 found to be safe and proper investments for the fund as specified 1-12 below: 1-13 (1) securities, bonds, or other obligations issued, 1-14 insured, or guaranteed in any manner by the United States 1-15 Government or any of its agencies and in bonds issued by this 1-16 state; 1-17 (2) obligations and pledges of The University of 1-18 Texas; 1-19 (3) corporate bonds, debentures, or obligations of 1-20 United States corporations of at least "A" rating; 1-21 (4) obligations of United States corporations that 1-22 mature in less than one year and are of the highest rating 1-23 available at the time of investment; 1-24 (5) bonds issued, assumed, or guaranteed by the 2-1 Inter-American Development Bank, the International Bank of 2-2 Reconstruction and Development (the World Bank), the African 2-3 Development Bank, the Asian Development Bank, and the International 2-4 Finance Corporation; 2-5 (6) bonds of counties, school districts, 2-6 municipalities, road precincts, drainage, irrigation, navigation, 2-7 and levee districts in this state, subject to the following 2-8 requirements: 2-9 (A) the securities, before purchase, must have 2-10 been diligently investigated by the attorney general both as to 2-11 form and as to legal compliance with applicable laws; 2-12 (B) the attorney general's certificate of 2-13 validity procured by the party offering the bonds, obligations, or 2-14 pledges must accompany the securities when they are submitted for 2-15 registration to the comptroller, who must preserve the 2-16 certificates; 2-17 (C) the public securities, if purchased, and 2-18 when certified and registered as specified under Paragraph (B), are 2-19 incontestable unless issued fraudulently or in violation of a 2-20 constitutional limitation, and the certificates of the attorney 2-21 general are prima facie evidence of the validity of the bonds and 2-22 bond coupons; and 2-23 (D) after the issuing political subdivision has 2-24 received the proceeds from the sales of the securities, the issuing 2-25 agency is estopped to deny their validity, and the securities are 2-26 valid and binding obligations; 2-27 (7) preferred stocks and common stocks that the State 3-1 Board of Education considers proper investments for the permanent 3-2 school fund, subject to the following requirements: 3-3 (A) in making all of those investments, the 3-4 State Board of Education: 3-5 (i) shall exercise the judgment and care 3-6 under the circumstances then prevailing that persons of ordinary 3-7 prudence, discretion, and intelligence exercise in the management 3-8 of their own affairs, not in regard to speculation but in regard to 3-9 the permanent disposition of their funds, considering the probable 3-10 income as well as the probable safety of their capital; and 3-11 (ii) in compliance with the standard set 3-12 out in Subparagraph (i), shall consider only factors that directly 3-13 relate to the financial soundness of an investment and may not 3-14 consider subjective evaluations of the social value of the 3-15 investment; 3-16 (B) the company issuing the stock must be 3-17 incorporated in the United States, and the stocks must have paid 3-18 dividends for five consecutive years or longer immediately before 3-19 the date of purchase and the stocks, except for bank stocks and 3-20 insurance stocks, must be listed on an exchange registered with the 3-21 Securities and Exchange Commission or its successors; and 3-22 (C) not more than one percent of the permanent 3-23 school fund may be invested in stock issued by one corporation and 3-24 not more than five percent of the voting stock of any one 3-25 corporation will be owned; and 3-26 (8) notwithstanding any other law or provision of this 3-27 code, first lien real estate mortgage securities insured by the 4-1 Federal Housing Administration under the National Housing Act of 4-2 the United States, or in any other first lien real estate mortgage 4-3 securities guaranteed in whole or in part by the United States. 4-4 SECTION 2. Section 43.004(a), Education Code, is amended to 4-5 read as follows: 4-6 (a) The State Board of Education shall develop written 4-7 investment objectives concerning the investment of the permanent 4-8 school fund. The objectives may address desired rates of return, 4-9 risks involved, investment time frames, and any other relevant 4-10 financial considerations. 4-11 SECTION 3. Section 43.007(b), Education Code, is amended to 4-12 read as follows: 4-13 (b) In making purchases, sales, exchanges, and reissues, the 4-14 State Board of Education: 4-15 (1) shall exercise the judgment and care under the 4-16 circumstances then prevailing that persons of ordinary prudence, 4-17 discretion, and intelligence exercise in the management of their 4-18 own affairs not in regard to speculation but in regard to the 4-19 permanent disposition of their funds, considering the probable 4-20 income as well as the probable safety of their capital; and 4-21 (2) in compliance with the standard set out in 4-22 Subdivision (1), shall consider only factors that directly relate 4-23 to the financial soundness of an investment and may not consider 4-24 subjective evaluations of the social value of the investment. 4-25 SECTION 4. The importance of this legislation and the 4-26 crowded condition of the calendars in both houses create an 4-27 emergency and an imperative public necessity that the 5-1 constitutional rule requiring bills to be read on three several 5-2 days in each house be suspended, and this rule is hereby suspended, 5-3 and that this Act take effect and be in force from and after its 5-4 passage, and it is so enacted.