1 | 1 | | By: Otto (Senate Sponsor - Williams) H.B. No. 2825 |
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2 | 2 | | (In the Senate - Received from the House May 11, 2011; |
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3 | 3 | | May 11, 2011, read first time and referred to Committee on Finance; |
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4 | 4 | | May 17, 2011, reported favorably by the following vote: Yeas 13, |
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5 | 5 | | Nays 0; May 17, 2011, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to the composition and appointment of the board of |
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11 | 11 | | directors of a corporation to which the board of regents of The |
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12 | 12 | | University of Texas System delegates investment authority for the |
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13 | 13 | | permanent university fund or other funds under the control of the |
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14 | 14 | | board of regents. |
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15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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16 | 16 | | SECTION 1. Sections 66.08(d) and (e), Education Code, are |
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17 | 17 | | amended to read as follows: |
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18 | 18 | | (d) The board of directors of the corporation shall have |
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19 | 19 | | nine members, determined as follows: |
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20 | 20 | | (1) six[. The board shall appoint and remove all] |
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21 | 21 | | members appointed by the board, of whom [of the board of directors |
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22 | 22 | | of the corporation. At least] three must be members of the board |
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23 | 23 | | and the other three must have a substantial background and |
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24 | 24 | | expertise in investments; |
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25 | 25 | | (2) [and] the chancellor of The University of Texas |
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26 | 26 | | System; and |
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27 | 27 | | (3) two members appointed by the board of regents of |
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28 | 28 | | The Texas A&M University System, at least one of whom must have a |
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29 | 29 | | substantial background and expertise in investments [shall be |
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30 | 30 | | appointed as directors]. |
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31 | 31 | | (e) Each appointed member of the board of directors of the |
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32 | 32 | | corporation is subject to removal and replacement by and at the |
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33 | 33 | | pleasure of the appointing entity [The board shall select one or |
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34 | 34 | | more of the members of the board of directors of the corporation |
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35 | 35 | | from a list of candidates with substantial background and expertise |
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36 | 36 | | in investments that is submitted to the board by the board of |
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37 | 37 | | regents of The Texas A&M University System]. |
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38 | 38 | | SECTION 2. (a) This section applies to the corporation |
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39 | 39 | | described by Section 66.08, Education Code, and governs the |
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40 | 40 | | implementation of the changes in law made by this Act to the board |
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41 | 41 | | of directors of the corporation. |
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42 | 42 | | (b) This Act does not affect the terms of office of members |
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43 | 43 | | of the corporation's board of directors who are serving on the |
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44 | 44 | | effective date of this Act. |
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45 | 45 | | (c) The board of regents of The Texas A&M University System |
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46 | 46 | | shall appoint two directors as required by Section 66.08(d)(3), |
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47 | 47 | | Education Code, as added by this Act, as follows: |
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48 | 48 | | (1) one director on the expiration of the term of |
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49 | 49 | | office of a director serving on the effective date of this Act who, |
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50 | 50 | | under prior law, was appointed to that position on recommendation |
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51 | 51 | | of that board of regents; and |
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52 | 52 | | (2) one director on the first expiration after the |
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53 | 53 | | effective date of this Act of a term of office of any director, |
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54 | 54 | | other than: |
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55 | 55 | | (A) the director described by Subdivision (1) of |
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56 | 56 | | this subsection; and |
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57 | 57 | | (B) any director who also serves as a member of |
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58 | 58 | | the board of regents of a university system, as defined by Section |
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59 | 59 | | 61.003, Education Code. |
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60 | 60 | | (d) As soon as practicable after the effective date of this |
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61 | 61 | | Act, the board of directors of the corporation and the board of |
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62 | 62 | | regents of The University of Texas System shall amend the bylaws of |
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63 | 63 | | the corporation as necessary to give effect to the requirements of |
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64 | 64 | | this Act. |
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65 | 65 | | SECTION 3. This Act takes effect immediately if it receives |
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66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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69 | 69 | | Act takes effect September 1, 2011. |
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70 | 70 | | * * * * * |
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