BILL ANALYSIS

H.B. 3353

By: Frank

Higher Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

An endowment fund is an investment fund set up by an institution of higher education from which regular withdrawals from the invested capital are used for ongoing operations. Current law authorizes an institution with an endowment of at least $25 million in book value to invest all funds under the prudent person standards, as opposed to under the limitations in the Public Funds Investment Act. According to interested parties, Midwestern State University and Stephen F. Austin University have endowments of less than $25 million, which limits their investment opportunities and the rates of return those investments can achieve. H.B. 3353 seeks to allow institutions of higher education with endowments of less than $25 million to increase their cash investment earnings by pooling certain of their funds with another university that meets the $25 million endowment threshold.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3353 amends the Education Code to authorize the governing board of an institution of higher education, if the governing board does not have under its control at least $25 million in book value of endowment funds, to contract to pool funds in its control with another institution that meets the $25 million endowment statutory threshold and have its funds invested by that governing board under prudent person standards.

EFFECTIVE DATE

September 1, 2013.