By Wilson H.J.R. No. 77
77R8192 JSA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment to restore the traditional
1-2 prudent person standard for investment of the permanent university
1-3 fund.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11b, Article VII, Texas Constitution, is
1-6 amended to read as follows:
1-7 Sec. 11b. Notwithstanding any other provision of this
1-8 constitution, in managing the assets of the permanent university
1-9 fund, the Board of Regents of the University of Texas System may
1-10 acquire, exchange, sell, supervise, manage, or retain, through
1-11 procedures and subject to restrictions it establishes and in
1-12 amounts it considers appropriate, any kind of investment, including
1-13 investments in the Texas Growth Fund created by Article XVI,
1-14 Section 70, of this constitution, that persons of ordinary
1-15 prudence, discretion, and intelligence, exercising the judgment and
1-16 care under the circumstances then prevailing, acquire or retain for
1-17 their own account in the management of their affairs, not in regard
1-18 to speculation but in regard to the permanent disposition of their
1-19 funds, considering the probable income as well as the probable
1-20 safety of their capital [prudent investors, exercising reasonable
1-21 care, skill, and caution, would acquire or retain in light of the
1-22 purposes, terms, distribution requirements, and other circumstances
1-23 of the fund then prevailing, taking into consideration the
1-24 investment of all the assets of the fund rather than a single
2-1 investment].
2-2 SECTION 2. This proposed constitutional amendment shall be
2-3 submitted to the voters at an election to be held November 6, 2001.
2-4 The ballot shall be printed to permit voting for or against the
2-5 proposition: "The constitutional amendment to restore the
2-6 traditional prudent person standard for investment of the permanent
2-7 university fund."