HBA-DMD, NLM H.J.R. 58 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 58
By: Junell
Appropriations
10/19/1999
Enrolled



BACKGROUND AND PURPOSE 

H.J.R. 58  proposes that the available university fund consists of the
distributions made to it from the total return on all investment assets of
the permanent university fund,  determined by the  Board of Regents of the
University of Texas System (board). As proposed, H.J.R. 58 requires the
submission to the voters of a constitutional amendment authorizing the
board to sell, lease, exchange, or otherwise manage any kind of investment
in accordance with the standards of a prudent investor.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11b, Article VII, Texas Constitution, as follows:

Sec. 11(b).  Authorizes the Board of Regents of the University of Texas
System (board) to sell, lease, exchange, or otherwise manage any kind of
investment that prudent investors, exercising reasonable care, skill, and
caution, would acquire or retain in light of the purposes, terms,
distribution requirements, and other circumstances of the fund then
prevailing, taking into consideration the investment of all the assets of
the fund rather than a single investment.  

SECTION 2.  Amends Section 18, Article VII, Texas Constitution, by amending
Subsection (e) and adding Subsection (f), as follows: 

(e)  Provides that the available university fund consists of distributions
made to it from the total return on all investment assets of the permanent
university fund including the net income attributable to the surface of
permanent university fund land.  Requires the amount of any distributions
to the available university fund to be determined by the board in a manner
intended to provide the available university fund with a stable and
predictable stream of annual distributions and to maintain over time the
purchasing power of permanent university fund investments and annual
distributions to the available university fund.  Specifies the amount to be
distributed in a fiscal year.  Prohibits the board from increasing annual
distributions until certain conditions are met.  Prohibits the annual
distribution made by the board to the available university fund from
exceeding a specified amount during any fiscal year.  Requires the expenses
of managing permanent university fund land and investments to be paid by
the permanent university fund. 

(f)  Requires one-third of the available university fund, rather than
one-third of the available university fund, to annually be appropriated in
the manner provided by this subsection to the Texas A&M System and its
component institutions. Requires the other two-thirds of the annual
distribution from the permanent university fund to the available university
fund, rather than two-thirds of the available university fund, to annually
be appropriated in the manner provided by this subsection to the University
of Texas System and its component institutions. 

 SECTION 3.  Provides a temporary provision to the Texas Constitution, as
follows: 

TEMPORARY PROVISION.  Provides that the amendment of Section 18, Article
VII, Texas Constitution, adopted in 1999 does not impair any obligation
created by the issuance of bonds or notes in accordance with that section
before January 1, 2000, and all outstanding bonds and notes validly issued
under that section remain valid, enforceable, and binding and shall be paid
in full, both principal and interest, in accordance with their terms and
from the sources pledged to the payment of the bonds. Requires a specified
amount to be distributed to pay the principal and interest due and owing
during the fiscal year on those bonds and notes.  Provides that this
section expires January 1, 2030. 

SECTION 4.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 2, 1999.  Sets forth the
required language for the ballot.