Texas 2017 - 85th Regular

Texas House Bill HB313 Compare Versions

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11 By: Johnson of Harris H.B. No. 313
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the higher education fund, the management of
77 investments of the permanent university fund, and the allocation
88 and distribution of certain constitutional revenues to the
99 University of Houston.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 62.021, Education Code, is amended by
1212 adding Subsection (g) to read as follows:
1313 (g) Notwithstanding Subsection (a), the allocation made by
1414 that subsection to the University of Houston is void, and any amount
1515 allocated by that subsection to the University of Houston for a
1616 state fiscal year after the state fiscal year ending August 31,
1717 2015, is reallocated to the other eligible institutions listed in
1818 Subsection (a) in that fiscal year in the manner provided by Section
1919 17A, Article VII, Texas Constitution.
2020 SECTION 2. The heading to Section 62.147, Education Code,
2121 is amended to read as follows:
2222 Sec. 62.147. INELIGIBILITY OF CERTAIN INSTITUTIONS
2323 RECEIVING PERMANENT UNIVERSITY FUND SUPPORT AND MAINTENANCE.
2424 SECTION 3. Sections 66.08(d) and (f), Education Code, are
2525 amended to read as follows:
2626 (d) The board of directors of the corporation shall have 11
2727 [nine] members, determined as follows:
2828 (1) seven members appointed by the board, of whom:
2929 (A) three must be members of the board;
3030 (B) three must have a substantial background and
3131 expertise in investments; and
3232 (C) one must be a qualified individual as
3333 determined by the board, which may include the chancellor of The
3434 University of Texas System; [and]
3535 (2) two members appointed by the board of regents of
3636 The Texas A&M University System, at least one of whom must have a
3737 substantial background and expertise in investments; and
3838 (3) two members appointed by the president of the
3939 University of Houston, at least one of whom must have a substantial
4040 background and expertise in investments.
4141 (f) If an investment contract entered into under Subsection
4242 (b) includes the permanent university fund within the scope of
4343 funds under the control and management of the board to be invested
4444 by the corporation, the board shall provide for an annual financial
4545 audit of the permanent university fund. The audit shall be
4646 performed by the auditors of The University of Texas System, [and]
4747 The Texas A&M University System, and the University of Houston
4848 System and presented to the board.
4949 SECTION 4. As soon as practicable following the effective
5050 date of this Act, The University of Texas Investment Management
5151 Company shall amend its bylaws to allow the president of the
5252 University of Houston to appoint two directors to the company's
5353 board of directors as required by Section 66.08(d), Education Code,
5454 as amended by this Act.
5555 SECTION 5. This Act takes effect September 1, 2018, but only
5656 if the constitutional amendment proposed by the 85th Legislature,
5757 Regular Session, 2017, entitling the University of Houston to
5858 participate in the income and other benefits of the permanent
5959 university fund, takes effect. If that amendment is not approved by
6060 the voters, this Act has no effect.