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79R10575 CLE-D

By:  Burnam                                                     H.C.R. No. 121


CONCURRENT RESOLUTION
WHEREAS, United States companies that conduct business in Sudan and other countries that support terrorism provide financial reinforcement to terrorist-sponsoring governments and vital resources to terrorists aided and abetted by these governments; and WHEREAS, The Center for Security Policy has determined that on average, the nation's top 100 pension systems invest in 101 companies that have business activities in countries that support terrorism, and the companies are involved in projects valued at more than $73 billion in these countries; and WHEREAS, Federal law found at 22 U.S.C. Section 2656f(d) defines "terrorism" as "premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents"; and WHEREAS, The genocide perpetrated in Darfur, Sudan, by government-backed militias qualifies as terrorism because it focuses on innocent civilians, results from a central planning operation, and uses violence in pursuit of a political goal; and WHEREAS, In 2004 the U.S. Congress passed a resolution that recognized and approved the findings of the U.S. secretary of state that genocide has occurred and may still be occurring in Darfur, Sudan, and that the government of Sudan bears responsibility for such acts; and WHEREAS, Despite awareness of these findings, companies such as Canada's Talisman Energy, Inc., which owns 25 percent of the primary oil developer in Sudan, continue to provide funds that are directly linked to the Sudanese government; several large U.S. pension funds have divested mutual funds containing Talisman Energy stock; and WHEREAS, The governments of terrorist-sponsoring countries typically are almost entirely dependent on the revenues, expertise, and advanced equipment and technology provided by global, publicly traded U.S. companies in which millions of Americans own stock; and WHEREAS, If Americans knew which companies are, in effect, rendering assistance to nations that harbor, arm, train, and otherwise support our enemies in the war on terror, they might make different choices about investing in and otherwise doing business with those companies; and WHEREAS, American consumers and investors so empowered can force companies to choose their standing in the U.S. financial community over their operations in terrorist-sponsoring countries, greatly increasing the pressure on these countries to cease their practice of aiding and abetting terrorists; and WHEREAS, While actions like these can assist the U.S. Department of the Treasury's efforts to sever the lines of financial support to international terrorists, what is needed to empower millions of American investors to aid our troops in the war on terror is information about U.S. companies doing business in terrorist-sponsoring countries provided by the newly created Office of Global Security Risk (OGSR) within the U.S. Securities and Exchange Commission (SEC); and WHEREAS, With the signing into law of the Consolidated Appropriations Act on January 23, 2004, the U.S. Congress charged the OGSR with establishing a process by which the SEC identifies all publicly traded U.S. companies operating in terrorist-sponsoring states designated by the U.S. Department of State and with ensuring that the companies are disclosing such activities to investors; and WHEREAS, Although the OGSR is properly positioned to obtain and evaluate disclosure relating to company activities that may pose national security risks, the office has not been provided guidelines on how to make this information available to the public; now, therefore, be it RESOLVED, That the 79th Legislature of the State of Texas hereby respectfully urge the Congress of the United States to direct the Office of Global Security Risk within the U.S. Securities and Exchange Commission to publish a list of U.S. companies that conduct business in countries that are involved in terrorist activities; and, be it further RESOLVED, That the Office of Global Security Risk be directed to: (1) require companies to disclose the existence of any material activities in terrorist-sponsoring countries in a specific place or under a special header in filings provided to the Securities and Exchange Commission; (2) provide a public searchable database of publicly traded U.S. companies with material business or operations in countries classified as supporting terrorism or subject to economic sanctions; and (3) take steps to prevent U.S. companies from conducting business in Sudan, which the U.S. Department of State designates as one of the top supporters of international terrorism; and, be it further RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, to the speaker of the house of representatives and the president of the senate of the United States Congress, and to all the members of the Texas delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.