Texas 2023 - 88th Regular

Texas Senate Bill SB1446

Filed
3/2/23  
Out of Senate Committee
4/17/23  
Voted on by Senate
4/20/23  
Governor Action
 
Bill Becomes Law
 

Caption

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.

Impact

The passage of SB1446 represents a significant shift in how public retirement systems in Texas will operate, mandating that fiduciary duties be strictly aligned with financial factors. This change could fundamentally alter investment strategies, restricting public retirement systems from pursuing policies that might previously align with broader social goals, such as environmental sustainability or corporate governance improvements. By tying investment decisions solely to financial interests, the bill aims to enhance transparency and accountability in investment practices while potentially limiting the scope for socially responsible investments that consider factors beyond immediate financial return.

Summary

SB1446, relating to the fiduciary responsibility of the governing body of public retirement systems in Texas, establishes clear guidelines for how investment managers and proxy advisors must operate. This bill amends the Government Code to define 'financial factors' and emphasizes that both the governing body of public retirement systems and their investment managers must make investment decisions based solely on financial interests, devoid of social, political, or ideological considerations. The intention is to safeguard the financial interests of the participants and beneficiaries, ensuring that investment decisions prioritize prudence and financial returns.

Sentiment

The sentiment surrounding SB1446 is contentious, with clear divisions between supporters and opponents. Proponents argue that the bill reinforces fiduciary responsibility and protects the financial integrity of public retirement funds, arguing that public money should only serve financial purposes. Conversely, opponents contend that the bill restricts public retirement systems' ability to invest responsibly and could undermine efforts to promote environmental and social governance. This divergence highlights a broader debate over the role of public institutions in addressing social issues through investment strategies.

Contention

Notably, there are concerns that the strict adherence to financial factors may preclude retirement systems from engaging in any investment practices that could be seen as socially conscious, which some stakeholders believe is vital in today's investment climate. Critics worry that such a limitation could lead Texas pension funds to miss out on investment opportunities in emerging sectors focused on sustainability and ethical governance. Thus, the implementation of SB1446 has sparked a larger conversation about the balance between maximizing financial returns and acknowledging the societal responsibilities of public investment entities.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 802. Administrative Requirements
    • Section: New Section
    • Section: New Section
    • Section: 203
    • Section: New Section
    • Section: New Section
    • Section: 203
  • Chapter 840. Administration
    • Section: 303
  • Chapter 855. Administration
    • Section: 303
  • Chapter 865. Administration
    • Section: 008

Companion Bills

No companion bills found.

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