Texas 2023 - 88th Regular

Texas Senate Bill SB1489

Filed
3/2/23  
Out of Senate Committee
4/27/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to prohibiting the investment of the permanent university fund, the national research university fund, or money held by a public institution of higher education in financial companies that boycott certain energy companies.

Impact

If enacted, SB1489 would amend the Education Code, extending prohibitions against certain investments to the Permanent University Fund and the National Research University Fund, treating them similarly to state governmental entities under Chapter 809 of the Government Code. This shift aims to protect the long-term financial integrity of these funds by limiting their exposure to companies that might engage in actions perceived as detrimental to Texas's energy sector. As a result, investment opportunities for universities could be narrowed significantly, particularly regarding firms that uphold ESG principles.

Summary

Senate Bill 1489, introduced by Senator Creighton, aims to prohibit public institutions of higher education in Texas from investing in financial companies that engage in boycotting certain energy companies. The bill stems from concerns that recent trends among financial firms to adopt environmental, social, and governance (ESG) strategies detract from traditional free market principles and put the financial health of universities at risk. It seeks to ensure that investments made by public universities support the state's energy industry, which is significant for Texas's economy.

Sentiment

The sentiment around SB1489 is notably polarized. Proponents argue that the bill is an essential step in defending Texas's energy sector and promoting fiscal responsibility within public universities. They assert that allowing investments in companies that boycott fossil fuel industries could harm university funds and, by extension, the education system. Conversely, opponents express concern that this legislation undermines the autonomy of universities to make independent financial decisions and restricts their ability to engage with a broader range of investment philosophies that include sustainability.

Contention

Notable points of contention include debates about the erosion of free-market principles and the appropriateness of applying government oversight to university investments. Proponents assert that ESG investments result in poorer financial performance, while critics argue that the evolving landscape of financial ethics should be embraced rather than curtailed. Furthermore, there are discussions regarding whether the government should dictate the financial choices of educational institutions, highlighting a fundamental clash over the role of government in business and education.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 51. Provisions Generally Applicable To Higher Education
    • Section: 0031
    • Section: 0031
    • Section: 0031
  • Chapter 62. Constitutional And Statutory Funds To Support Institutions Of Higher Education
    • Section: 143
    • Section: 143
    • Section: 143
  • Chapter 66. Permanent University Fund
    • Section: New Section
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 809. Prohibition On Investment In Financial Companies That Boycott Certain Energy Companies
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB3619

Identical Relating to prohibiting the investment of the permanent university fund, the national research university fund, or money held by a public institution of higher education in financial companies that boycott certain energy companies.

Similar Bills

No similar bills found.