77R8899 ESH-D
By Keel, Gallego, Uher, Bonnen H.J.R. No. 74
Substitute the following for H.J.R. No. 74:
By Olivo C.S.H.J.R. No. 74
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the investment and
1-2 management of the permanent school fund.
1-3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 4, Article VII, Texas Constitution, is
1-5 amended to read as follows:
1-6 Sec. 4. (a) The lands herein set apart to the permanent
1-7 school [Public Free School] fund[,] shall be sold under such
1-8 regulations, at such times, and on such terms as may be prescribed
1-9 by law. The [; and the] Legislature shall not have power to grant
1-10 any relief to purchasers of that land [thereof].
1-11 (b) The proceeds of [such] sales of land of the permanent
1-12 school fund must be used to acquire other land for the [Public Free
1-13 School] fund as provided by law or [the proceeds shall be] invested
1-14 [by the comptroller of public accounts, as may be directed] by the
1-15 Permanent School Fund Investment Board [of Education herein]
1-16 provided for by Section 5(d) of this article[, in the bonds of the
1-17 United States, the State of Texas, or counties in said State, or in
1-18 such other securities, and under such restrictions as may be
1-19 prescribed by law; and the State shall be responsible for all
1-20 investments].
1-21 SECTION 2. Section 5, Article VII, Texas Constitution, is
1-22 amended by amending Subsection (d) and adding Subsection (e) to
2-1 read as follows:
2-2 (d) The Permanent School Fund Investment Board shall invest
2-3 and manage the assets of the permanent school fund. The board
2-4 consists of three members appointed by the governor, three members
2-5 appointed by the lieutenant governor, and three members appointed
2-6 by the speaker of the house of representatives in the manner
2-7 provided by law, which may provide that Section 12, Article IV, of
2-8 this constitution, does not apply. To be eligible for appointment
2-9 to the board, a person must have appropriate expertise in investing
2-10 institutional funds, as determined by the appointing authority.
2-11 For purposes of this subsection, "institutional funds" means funds
2-12 held by an incorporated or unincorporated organization organized
2-13 and operated exclusively for educational, religious, or charitable
2-14 purposes, an educational institution, or a foundation chartered for
2-15 the benefit of an educational institution. Members of the board
2-16 serve staggered terms of six years, with the term of one member
2-17 appointed by each appointing authority expiring February 1 of each
2-18 odd-numbered year.
2-19 (e) In [Notwithstanding any other provision of this
2-20 constitution, in] managing the assets of the permanent school fund,
2-21 the Permanent School Fund Investment Board [State Board of
2-22 Education] may acquire, exchange, sell, supervise, manage, or
2-23 retain, through procedures and subject to restrictions it
2-24 establishes and in amounts it considers appropriate, any kind of
2-25 investment, including investments in the Texas growth fund created
2-26 by Article XVI, Section 70, of this constitution, that prudent
2-27 investors, exercising reasonable care, skill, and caution, would
3-1 acquire or retain in light of the purposes, terms, distribution
3-2 requirements, and other circumstances of the fund then prevailing,
3-3 taking into consideration the investment of all the assets of the
3-4 fund rather than a single investment [persons of ordinary prudence,
3-5 discretion, and intelligence, exercising the judgment and care
3-6 under the circumstances then prevailing, acquire or retain for
3-7 their own account in the management of their affairs, not in regard
3-8 to speculation but in regard to the permanent disposition of their
3-9 funds, considering the probable income as well as the probable
3-10 safety of their capital].
3-11 SECTION 3. Article VII, Texas Constitution, is amended by
3-12 adding the following temporary provision to read as follows:
3-13 TEMPORARY PROVISION. In making the initial appointments to
3-14 the Permanent School Fund Investment Board under Section 5(d) of
3-15 this article, the governor, lieutenant governor, and speaker of the
3-16 house of representatives shall each appoint one person to a term
3-17 expiring February 1, 2003, one person to a term expiring February
3-18 1, 2005, and one person to a term expiring February 1, 2007.
3-19 Thereafter, members of the Permanent School Fund Investment Board
3-20 serve six-year terms, as provided by Section 5(d) of this article.
3-21 This temporary provision expires January 1, 2003.
3-22 SECTION 4. This proposed constitutional amendment shall be
3-23 submitted to the voters at an election to be held November 6, 2001.
3-24 The ballot shall be printed to permit voting for or against the
3-25 proposition: "The constitutional amendment providing for the
3-26 transfer of authority to invest and manage the permanent school
3-27 fund from the State Board of Education to the Permanent School Fund
4-1 Investment Board and modifying the standard used to determine
4-2 appropriate investment and management decisions."