Texas 2021 - 87th Regular

Texas House Bill HB4536

Caption

Relating to the consideration of pecuniary factors in certain state investments.

Impact

The implications of HB4536 are substantial, as it alters existing practices within public retirement systems. It requires governing bodies to adopt investment policies focused solely on financial return, effectively steering public funds away from socially responsible investments that do not prioritize pecuniary factors. Additionally, these governing bodies will be required to divest from funds that do not comply with this policy. Consequently, this might lead to reduced investments in companies or sectors viewed as socially beneficial but potentially less profitable.

Summary

House Bill 4536 introduces significant amendments to the Government Code regarding public retirement systems in Texas. It emphasizes the consideration of pecuniary factors by investment managers and governing bodies when making investment decisions for public retirement systems. The bill mandates that only financial factors that materially affect the risk or return of investments should be evaluated, thus potentially excluding social, environmental, or other non-financial considerations from being factored into investment policies.

Contention

A point of contention surrounding HB4536 lies in the debate over the role of investment systems in addressing societal issues. Proponents argue that the bill will lead to better financial returns by diverting focus from non-pecuniary factors which can obscure financial objectives. Conversely, opponents claim that this narrow focus undermines the capacity of retirement systems to engage in socially responsible investing, thereby failing to address broader societal impacts. Critics also express concern about the potential financial risks associated with excluding non-pecuniary considerations, which could affect long-term investment performance.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1446

Relating to the fiduciary responsibility of the governing body of the public retirement systems in this state and the investment managers and proxy advisors acting on behalf of those systems.

TX HB2068

Relating to the fiduciary responsibility of governmental entities and the investment agents, plan administrators, or qualified vendors acting on behalf of those entities.

TX HB3495

Relating to the investment authority of certain state agencies and the confidentiality of certain information related to those investments.

TX SB1246

Relating to authorized investments of public money by certain governmental entities and the confidentiality of certain information related to those investments.

TX HB4000

Relating to the public retirement systems for employees of certain municipalities.

TX SB1444

Relating to the public retirement systems for employees of certain municipalities.

TX SB833

Relating to consideration by insurers of certain prohibited criteria for ratemaking.

TX HB2823

Relating to state contracts with and investments in certain companies doing business in the Russian Federation.

TX SB1189

Relating to state contracts with and investments in certain companies doing business in the Russian Federation.

TX SB10

Relating to certain benefits paid by the Teacher Retirement System of Texas.

Similar Bills

TX HB2849

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CA AB1151

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AZ SB1500

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NC S679

NC Public Finance Protection Act

US HB5339

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US HB4237

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US SB2282

Ensuring Sound Guidance Act

WY HB0080

Stop ESG-State funds fiduciary duty act.