1 | 1 | | By: Johnson of Harris H.B. No. 313 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the higher education fund, the management of |
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7 | 7 | | investments of the permanent university fund, and the allocation |
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8 | 8 | | and distribution of certain constitutional revenues to the |
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9 | 9 | | University of Houston. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 62.021, Education Code, is amended by |
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12 | 12 | | adding Subsection (g) to read as follows: |
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13 | 13 | | (g) Notwithstanding Subsection (a), the allocation made by |
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14 | 14 | | that subsection to the University of Houston is void, and any amount |
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15 | 15 | | allocated by that subsection to the University of Houston for a |
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16 | 16 | | state fiscal year after the state fiscal year ending August 31, |
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17 | 17 | | 2015, is reallocated to the other eligible institutions listed in |
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18 | 18 | | Subsection (a) in that fiscal year in the manner provided by Section |
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19 | 19 | | 17A, Article VII, Texas Constitution. |
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20 | 20 | | SECTION 2. The heading to Section 62.147, Education Code, |
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21 | 21 | | is amended to read as follows: |
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22 | 22 | | Sec. 62.147. INELIGIBILITY OF CERTAIN INSTITUTIONS |
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23 | 23 | | RECEIVING PERMANENT UNIVERSITY FUND SUPPORT AND MAINTENANCE. |
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24 | 24 | | SECTION 3. Sections 66.08(d) and (f), Education Code, are |
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25 | 25 | | amended to read as follows: |
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26 | 26 | | (d) The board of directors of the corporation shall have 11 |
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27 | 27 | | [nine] members, determined as follows: |
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28 | 28 | | (1) seven members appointed by the board, of whom: |
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29 | 29 | | (A) three must be members of the board; |
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30 | 30 | | (B) three must have a substantial background and |
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31 | 31 | | expertise in investments; and |
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32 | 32 | | (C) one must be a qualified individual as |
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33 | 33 | | determined by the board, which may include the chancellor of The |
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34 | 34 | | University of Texas System; [and] |
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35 | 35 | | (2) two members appointed by the board of regents of |
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36 | 36 | | The Texas A&M University System, at least one of whom must have a |
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37 | 37 | | substantial background and expertise in investments; and |
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38 | 38 | | (3) two members appointed by the president of the |
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39 | 39 | | University of Houston, at least one of whom must have a substantial |
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40 | 40 | | background and expertise in investments. |
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41 | 41 | | (f) If an investment contract entered into under Subsection |
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42 | 42 | | (b) includes the permanent university fund within the scope of |
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43 | 43 | | funds under the control and management of the board to be invested |
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44 | 44 | | by the corporation, the board shall provide for an annual financial |
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45 | 45 | | audit of the permanent university fund. The audit shall be |
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46 | 46 | | performed by the auditors of The University of Texas System, [and] |
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47 | 47 | | The Texas A&M University System, and the University of Houston |
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48 | 48 | | System and presented to the board. |
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49 | 49 | | SECTION 4. As soon as practicable following the effective |
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50 | 50 | | date of this Act, The University of Texas Investment Management |
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51 | 51 | | Company shall amend its bylaws to allow the president of the |
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52 | 52 | | University of Houston to appoint two directors to the company's |
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53 | 53 | | board of directors as required by Section 66.08(d), Education Code, |
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54 | 54 | | as amended by this Act. |
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55 | 55 | | SECTION 5. This Act takes effect September 1, 2018, but only |
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56 | 56 | | if the constitutional amendment proposed by the 85th Legislature, |
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57 | 57 | | Regular Session, 2017, entitling the University of Houston to |
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58 | 58 | | participate in the income and other benefits of the permanent |
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59 | 59 | | university fund, takes effect. If that amendment is not approved by |
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60 | 60 | | the voters, this Act has no effect. |
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