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.