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        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
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        |  | relating to the composition and appointment of the board of | 
      
        |  | directors of a corporation to which the board of regents of The | 
      
        |  | University of Texas System delegates investment authority for the | 
      
        |  | permanent university fund or other funds under the control of the | 
      
        |  | board of regents. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Sections 66.08(d) and (e), Education Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (d)  The board of directors of the corporation shall have | 
      
        |  | nine members, determined as follows: | 
      
        |  | (1)  six[ .  The board shall appoint and remove all] | 
      
        |  | members appointed by the board, of whom [ of the board of directors  | 
      
        |  | of the corporation.  At least] three must be members of the board | 
      
        |  | and the other three must have a substantial background and | 
      
        |  | expertise in investments; | 
      
        |  | (2)  [ and] the chancellor of The University of Texas | 
      
        |  | System; and | 
      
        |  | (3)  two members appointed by the board of regents of | 
      
        |  | The Texas A&M University System, at least one of whom must have a | 
      
        |  | substantial background and expertise in investments [ shall be  | 
      
        |  | appointed as directors]. | 
      
        |  | (e)  Each appointed member of the board of directors of the | 
      
        |  | corporation is subject to removal and replacement by and at the | 
      
        |  | pleasure of the appointing entity [ The board shall select one or  | 
      
        |  | more of the members of the board of directors of the corporation  | 
      
        |  | from a list of candidates with substantial background and expertise  | 
      
        |  | in investments that is submitted to the board by the board of  | 
      
        |  | regents of The Texas A&M University System]. | 
      
        |  | SECTION 2.  (a)  This section applies to the corporation | 
      
        |  | described by Section 66.08, Education Code, and governs the | 
      
        |  | implementation of the changes in law made by this Act to the board | 
      
        |  | of directors of the corporation. | 
      
        |  | (b)  This Act does not affect the terms of office of members | 
      
        |  | of the corporation's board of directors who are serving on the | 
      
        |  | effective date of this Act. | 
      
        |  | (c)  The board of regents of The Texas A&M University System | 
      
        |  | shall appoint two directors as required by Section 66.08(d)(3), | 
      
        |  | Education Code, as added by this Act, as follows: | 
      
        |  | (1)  one director on the expiration of the term of | 
      
        |  | office of a director serving on the effective date of this Act who, | 
      
        |  | under prior law, was appointed to that position on recommendation | 
      
        |  | of that board of regents; and | 
      
        |  | (2)  one director on the first expiration after the | 
      
        |  | effective date of this Act of a term of office of any director, | 
      
        |  | other than: | 
      
        |  | (A)  the director described by Subdivision (1) of | 
      
        |  | this subsection; and | 
      
        |  | (B)  any director who also serves as a member of | 
      
        |  | the board of regents of a university system, as defined by Section | 
      
        |  | 61.003, Education Code. | 
      
        |  | (d)  As soon as practicable after the effective date of this | 
      
        |  | Act, the board of directors of the corporation and the board of | 
      
        |  | regents of The University of Texas System shall amend the bylaws of | 
      
        |  | the corporation as necessary to give effect to the requirements of | 
      
        |  | this Act. | 
      
        |  | SECTION 3.  This Act takes effect immediately if it receives | 
      
        |  | a vote of two-thirds of all the members elected to each house, as | 
      
        |  | provided by Section 39, Article III, Texas Constitution.  If this | 
      
        |  | Act does not receive the vote necessary for immediate effect, this | 
      
        |  | Act takes effect September 1, 2011. | 
      
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        |  | * * * * * |