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A BILL TO BE ENTITLED
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AN ACT
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relating to the investment authority of the Teacher Retirement |
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System of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 825.301, Government Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (a-1), |
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(a-2), (a-3), and (b-1) to read as follows: |
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(a) The board of trustees shall invest and reinvest assets |
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of the retirement system without distinction as to their source in |
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accordance with Section 67, Article XVI, Texas Constitution. The |
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board of trustees may invest and reinvest retirement system assets |
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in any investment instrument commonly known as a security, |
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including those instruments described [For purposes of the
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investment authority of the board of trustees under Section 67,
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Article XVI, Texas Constitution, "securities" means any investment
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instrument within the meaning of the term as defined] by Section 4, |
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The Securities Act (Article 581-4, Vernon's Texas Civil Statutes), |
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15 U.S.C. Section 77b(a)(1), or 15 U.S.C. Section 78c(a)(10). An |
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investment is authorized for investment under this section even if |
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the retirement system is the only investor or has rights or |
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privileges pertaining to the investment that are not granted to |
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other investors [An interest in a limited partnership or
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investment contract is considered a security without regard to the
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number of investors or the control, access to information, or
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rights granted to or retained by the retirement system]. The board |
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of trustees may buy and sell: |
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(1) futures contracts; |
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(2) options; |
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(3) options on futures contracts; |
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(4) forward contracts; |
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(5) swap contracts, including swap contracts with |
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embedded options; |
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(6) any [Any] instrument or contract intended to |
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manage transaction or currency exchange risk in purchasing, |
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selling, or holding investments; and |
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(7) any other instrument commonly used by |
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institutional investors to manage institutional investment |
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portfolios [securities is considered to be a security]. |
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(a-1) Investment decisions under this section are subject |
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to the standard provided in the Texas Trust Code by Section |
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117.004(b), Property Code. |
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(a-2) The board of trustees may delegate investment |
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authority and contract with private professional investment |
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managers for investment and management of assets held in trust by |
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the retirement system. In a contract made under this subsection, |
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the board of trustees shall specify any applicable policies, |
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requirements, or restrictions, including criteria for determining |
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the quality of investments or the use of standard rating services, |
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that the board of trustees adopts for investments of the system. |
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(a-3) The board of trustees may delegate investment |
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authority with respect to assets held by the retirement system to |
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the executive director or the staff of the retirement system. |
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(b) In addition to the board's authority under Subsection |
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(a-2), the [The] board of trustees may contract with private |
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professional investment managers, advisors, and consultants to |
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assist and advise the board and the staff of the retirement system |
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in investing the assets of the retirement system. |
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(b-1) By accepting a delegation of investment authority |
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under Subsection (a-2) or an engagement to assist or advise the |
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board or the staff of the retirement system under Subsection (b), a |
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professional investment manager, advisor, or consultant submits to |
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the jurisdiction of the courts of this state in all proceedings |
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arising from or related to performance of the delegated authority |
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or engagement. An action relating to services rendered under this |
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section shall be brought only in a state district court sitting in |
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Travis County, Texas. Chapter 2260 does not apply to a contract |
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under Subsection (a-2) or (b). This subsection does not waive any |
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immunity of the retirement system. |
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SECTION 2. Subchapter D, Chapter 825, Government Code, is |
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amended by adding Section 825.3011 to read as follows: |
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Sec. 825.3011. CERTAIN CONSULTATIONS CONCERNING |
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INVESTMENTS. (a) In this section, "private investment fund," |
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"reinvestment," and "restricted securities" have the meanings |
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assigned by Section 552.143. |
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(b) Chapter 551 does not require the board of trustees to |
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confer with one or more employees, consultants, or legal counsel of |
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the retirement system or with a third party, including |
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representatives of an issuer of restricted securities or a private |
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investment fund, in an open meeting if the only purpose of the |
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conference is to receive information from or question the |
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employees, consultants, or legal counsel of the retirement system |
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or the third party relating to: |
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(1) an investment or a potential investment by the |
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board of trustees in a private investment fund; or |
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(2) the purchase, holding, or disposal of restricted |
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securities or a private investment fund's investment in restricted |
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securities if, under Section 552.143, the information discussed |
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would be confidential and excepted from the requirements of Section |
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552.021 if the information was included in the records of a |
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governmental body. |
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(c) This section applies notwithstanding Section 825.115. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |