By Mowery                                             H.J.R. No. 94
         77R6798 JSA-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment to update and clarify the
 1-2     provisions governing the permanent university fund.
 1-3           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 10, Article VII, Texas Constitution, is
 1-5     amended to read as follows:
 1-6           Sec. 10. The Legislature shall [as soon as practicable
 1-7     establish,] organize and provide for the maintenance, support and
 1-8     direction of a University of the first class, to be located in the
 1-9     city of Austin [by a vote of the people of this State,] and
1-10     styled[,] "The University of Texas", for the promotion of
1-11     literature, and the arts and sciences, and for [including] an
1-12     Agricultural[,] and Mechanical University of the first class
1-13     [department].
1-14           SECTION 2. Sections 11, 11a, 11b, and 12, Article VII, Texas
1-15     Constitution, are revised as Section 11 of that article and amended
1-16     to read as follows:
1-17           Sec. 11. (a)  In order to enable the Legislature to perform
1-18     the duties set forth in [the foregoing] Section 10 of this article,
1-19     it is hereby declared all lands and other property heretofore set
1-20     apart and appropriated for the establishment and maintenance of the
1-21     University of Texas, together with all the proceeds of sales of the
1-22     same, heretofore made or hereafter to be made, and all grants,
1-23     donations and appropriations that may hereafter be made by the
1-24     State of Texas, or from any other source, except donations limited
 2-1     to specific purposes, shall constitute and become a permanent
 2-2     university fund [Permanent University Fund].  [And the same as
 2-3     realized and received into the Treasury of the State (together with
 2-4     such sums belonging to the Fund, as may now be in the Treasury),
 2-5     shall be invested in bonds of the United States, the State of
 2-6     Texas, or counties of said State, or in School Bonds of
 2-7     municipalities, or in bonds of any city of this State, or in bonds
 2-8     issued under and by virtue of the Federal Farm Loan Act approved by
 2-9     the President of the United States, July 17, 1916, and amendments
2-10     thereto; and the interest accruing thereon shall be subject to
2-11     appropriation by the Legislature to accomplish the purpose declared
2-12     in the foregoing Section; provided, that the one-tenth of the
2-13     alternate Section of the lands granted to railroads, reserved by
2-14     the State, which were set apart and appropriated to the
2-15     establishment of the University of Texas, by an Act of the
2-16     Legislature of February 11, 1858, entitled, "An Act to establish
2-17     the University of Texas," shall not be included in, or constitute a
2-18     part of, the Permanent University Fund.]
2-19           (b)  The [Sec. 11a. In addition to the bonds enumerated in
2-20     Section 11 of Article VII of the Constitution of the State of
2-21     Texas, the] Board of Regents of The University of Texas may invest
2-22     the permanent university fund [Permanent University Fund] in:
2-23                 (1)  securities, bonds, or other obligations of the
2-24     State of Texas, or counties, cities and towns, school districts,
2-25     and other political subdivisions of this state;
2-26                 (2)  securities, bonds or other obligations issued,
2-27     insured, or guaranteed in any manner by the United States
 3-1     Government, or any of its agencies;[,] and
 3-2                 (3)  [in] such bonds, debentures, or obligations, and
 3-3     preferred and common stocks issued by corporations, associations,
 3-4     or other institutions as the Board of Regents of The University of
 3-5     Texas System may deem to be proper investments for said funds;
 3-6     provided, however, that not more than one per cent (1%) of said
 3-7     fund shall be invested in the securities of any one (1)
 3-8     corporation, nor shall more than five per cent (5%) of the voting
 3-9     stock of any one (1) corporation be owned; provided, further, that
3-10     stocks eligible for purchase shall be restricted to stocks of
3-11     companies incorporated within the United States which have paid
3-12     dividends for five (5) consecutive years or longer immediately
3-13     prior to the date of purchase and which, except for bank stocks and
3-14     insurance stocks, are listed upon an exchange registered with the
3-15     Securities and Exchange Commission or its successors.
3-16           (c)  [In making each and all of such investments said Board
3-17     of Regents shall exercise the judgment and care under the
3-18     circumstances then prevailing which men of ordinary prudence,
3-19     discretion, and intelligence exercise in the management of their
3-20     own affairs, not in regard to speculation but in regard to the
3-21     permanent disposition of their funds, considering the probable
3-22     income therefrom as well as the probable safety of their capital.]
3-23     The interest, dividends and other income accruing from the
3-24     investments of the permanent university fund [Permanent University
3-25     Fund], except the portion thereof which is appropriated by the
3-26     operation of Section 18 of this article [Article VII] for the
3-27     payment of principal and interest on bonds or notes issued
 4-1     thereunder, shall be subject to appropriation by the Legislature to
 4-2     accomplish the purposes declared in Section 10 of [Article VII of]
 4-3     this article [Constitution].
 4-4           (d)  In [This amendment shall be self-enacting, and shall
 4-5     become effective upon its adoption, provided, however, that the
 4-6     Legislature shall provide by law for full disclosure of all details
 4-7     concerning the investments in corporate stocks and bonds and other
 4-8     investments authorized herein.]
 4-9           [Sec. 11b. Notwithstanding any other provision of this
4-10     constitution, in] managing the assets of the permanent university
4-11     fund, the Board of Regents of the University of Texas System may
4-12     acquire, exchange, sell, supervise, manage, or retain, through
4-13     procedures and subject to restrictions it establishes and in
4-14     amounts it considers appropriate, any kind of investment, including
4-15     investments in the Texas Growth Fund created by Article XVI,
4-16     Section 70, of this constitution, that prudent investors,
4-17     exercising reasonable care, skill, and caution, would acquire or
4-18     retain in light of the purposes, terms, distribution requirements,
4-19     and other circumstances of the fund then prevailing, taking into
4-20     consideration the investment of all the assets of the fund rather
4-21     than a single investment.
4-22           (e)  [Sec. 12.]  The land herein set apart to the permanent
4-23     university fund [University fund] shall be sold under such
4-24     regulations, at such times, and on such terms as may be provided by
4-25     law; and the Legislature shall provide for the prompt collection,
4-26     at maturity, of all debts due on account of University lands,
4-27     heretofore sold, or that may hereafter be sold, and shall in
 5-1     neither event have the power to grant relief to the purchasers.
 5-2           SECTION 3. This proposed constitutional amendment shall be
 5-3     submitted to the voters at an election to be held November 6, 2001.
 5-4     The ballot shall be printed to permit voting for or against the
 5-5     proposition:  "The constitutional amendment to update and clarify
 5-6     the provisions governing the permanent university fund."