Austin, Texas
                    FISCAL NOTE, 77th Regular Session
                            February 26, 2001
          TO:  Honorable Teel Bivins, Chair, Senate Committee on
        FROM:  John Keel, Director, Legislative Budget Board
       IN RE:  SJR19  by Ellis, Rodney (Proposing a constitutional
               amendment relating to the use of income and appreciation
               of the permanent school fund.), As Introduced
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  SJR19, As Introduced:  positive impact of $735,064,000 through the    *
*  biennium ending August 31, 2003.                                      *
*                                                                        *
*  There would be an additional cost of $80,000 in fiscal year 2002      *
*  for publication of the resolution.                                    *
General Revenue-Related Funds, Five-Year Impact:
          *  Fiscal Year  Probable Net Positive/(Negative)   *
          *               Impact to General Revenue Related  *
          *                             Funds                *
          *       2002                         $358,266,000  *
          *       2003                          376,798,000  *
          *       2004                          365,468,000  *
          *       2005                          365,182,000  *
          *       2006                          363,149,000  *
All Funds, Five-Year Impact:
*Fiscal    Probable Revenue     Probable Revenue         Probable        *
* Year     Gain/(Loss) from   Gain/(Loss) from New  Savings/(Cost) from  *
*          Available School      General Revenue   General Revenue Fund  *
*                Fund                Related               0001          *
*                0002                                                    *
*  2002           $127,766,000         $216,000,000          $14,500,000 *
*  2003            134,298,000          228,000,000           14,500,000 *
*  2004            116,133,000          234,400,000           14,935,000 *
*  2005            106,799,000          243,000,000           15,383,000 *
*  2006             96,304,000          251,000,000           15,845,000 *
Fiscal Analysis
The joint resolution proposes an amendment to the Texas Constitution's
provisions relating to the Permanent School Fund (PSF).  The amendment
addresses the definition of the PSF and the distribution of the PSF's
return.  It further creates a new fund into which some of the returns to
the PSF are to be deposited.

Currently, interest and dividends alone from the PSF are to be disbursed
to the Available School Fund both to pay certain costs associated with
the investment of the PSF and to support the Foundation School Program
and the state Textbook Fund.

The resolution amends the Texas Constitution providing that distributions
from the PSF be the lesser of  five percent (5%) of the average of  the
market value of the PSF on the first day of the fiscal year; the market
value of the PSF on the first day of the two preceding fiscal years; or a
portion of the total return on all investment assets of the PSF such
that the portion of the total return retained by the PSF was sufficient,
as determined by the Comptroller, to preserve the purchasing power of the
PSF for the current fiscal year and the next nine fiscal years.

After such a determination is made, 80 percent of the total distribution
would be deposited to the Available School Fund and 20% to the newly
created (under HB 1020) Public School Employee Health Insurance Fund
(PSEHIF).  The resolution does not stipulate the use of funds deposited
to the credit of the PSEHIF.

Currently, expenses associated with managing most of the PSF are paid out
of the ASF, while the costs associated with managing PSF land holdings
are the responsibility of the General Land Office. The resolution would
require that both classes of expense be borne by the PSF.

The proposed amendment to the Texas Constitution would be submitted to
voters on November 6, 2001.  The legislation creating the PSEHIF takes
effect on September 1, 2002 assuming HJR 54 is approved by the voters.
Therefore, it appears that there is a one-year gap between the effect of
the constitutional amendment and the creation of the PSEHIF.
The Permanent School Fund is valued at approximately $21 billion.  An
annual growth rate of 8.4% is used to project the value of the fund at
nearly $26 billion in 2006.  The revenue gain to the ASF indicated above
is an estimate of the relative gain to the fund of depositing 80% of the
return as calculated in the amendment versus the return that would occur
under current law.  The revenue gain to the PSEHIF represents 20% of the
return again as calculated under the amendment.

The total return to the PSF could be at or below the rate of inflation.
Should this occur, the payout to both the ASF and the PSEHIF could be

Local Government Impact
Local school districts currently expend an estimated $790 million per
year on employee health benefits.
Source Agencies:   304   Comptroller of Public Accounts, 305   General
                   Land Office, 307   Secretary of State, 323   Teacher
                   Retirement System, 701   Texas Education Agency
LBB Staff:         JK, CT