1 | 1 | | 88R6959 KJE-D |
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2 | 2 | | By: Perry S.J.R. No. 69 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A JOINT RESOLUTION |
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6 | 6 | | proposing a constitutional amendment dedicating to the national |
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7 | 7 | | research university fund a portion of certain income from the lease |
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8 | 8 | | for oil and gas exploration of land dedicated to the permanent |
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9 | 9 | | university fund. |
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10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 11a, Article VII, Texas Constitution, is |
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12 | 12 | | amended to read as follows: |
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13 | 13 | | Sec. 11a. (a) In addition to the bonds enumerated in |
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14 | 14 | | Section 11 of this article [Article VII of the Constitution of the |
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15 | 15 | | State of Texas], the Board of Regents of The University of Texas |
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16 | 16 | | System may invest the Permanent University Fund in securities, |
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17 | 17 | | bonds or other obligations issued, insured, or guaranteed in any |
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18 | 18 | | manner by the United States Government, or any of its agencies, and |
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19 | 19 | | in such bonds, debentures, or obligations, and preferred and common |
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20 | 20 | | stocks issued by corporations, associations, or other institutions |
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21 | 21 | | as the Board of Regents of The University of Texas System may deem |
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22 | 22 | | to be proper investments for said funds; provided, however, that |
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23 | 23 | | not more than one per cent (1%) of said fund shall be invested in the |
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24 | 24 | | securities of any one (1) corporation, nor shall more than five per |
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25 | 25 | | cent (5%) of the voting stock of any one (1) corporation be owned; |
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26 | 26 | | provided, further, that stocks eligible for purchase shall be |
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27 | 27 | | restricted to stocks of companies incorporated within the United |
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28 | 28 | | States which have paid dividends for five (5) consecutive years or |
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29 | 29 | | longer immediately prior to the date of purchase and which, except |
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30 | 30 | | for bank stocks and insurance stocks, are listed upon an exchange |
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31 | 31 | | registered with the Securities and Exchange Commission or its |
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32 | 32 | | successors. |
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33 | 33 | | (b) In making each and all of such investments, the [said] |
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34 | 34 | | Board of Regents of The University of Texas System shall exercise |
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35 | 35 | | the judgment and care under the circumstances then prevailing which |
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36 | 36 | | men of ordinary prudence, discretion, and intelligence exercise in |
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37 | 37 | | the management of their own affairs, not in regard to speculation |
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38 | 38 | | but in regard to the permanent disposition of their funds, |
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39 | 39 | | considering the probable income therefrom as well as the probable |
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40 | 40 | | safety of their capital. |
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41 | 41 | | (c) The interest, dividends and other income accruing from |
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42 | 42 | | the investments of the Permanent University Fund are [, except the |
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43 | 43 | | portion thereof which is appropriated by the operation of Section |
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44 | 44 | | 18 of Article VII for the payment of principal and interest on bonds |
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45 | 45 | | or notes issued thereunder, shall be] subject to appropriation by |
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46 | 46 | | the Legislature to accomplish the purposes declared in Section 10 |
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47 | 47 | | of this article, except for: |
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48 | 48 | | (1) the portion distributed to the Available |
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49 | 49 | | University Fund under Section 18 of this article for appropriation |
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50 | 50 | | as provided by that section; and |
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51 | 51 | | (2) the portion of any bonus, rental, or royalty |
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52 | 52 | | payments accruing from the lease for oil and gas exploration of land |
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53 | 53 | | dedicated to the Permanent University Fund that is deposited to the |
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54 | 54 | | credit of the national research university fund as required by |
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55 | 55 | | Section 20(b-1) of this article [Article VII of this Constitution]. |
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56 | 56 | | (d) This amendment shall be self-enacting, and shall become |
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57 | 57 | | effective upon its adoption, provided, however, that the |
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58 | 58 | | Legislature shall provide by law for full disclosure of all details |
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59 | 59 | | concerning the investments in corporate stocks and bonds and other |
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60 | 60 | | investments authorized herein. |
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61 | 61 | | SECTION 2. Section 20, Article VII, Texas Constitution, is |
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62 | 62 | | amended by adding Subsection (b-1) to read as follows: |
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63 | 63 | | (b-1) The Board of Regents of The University of Texas System |
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64 | 64 | | shall transmit to the comptroller of public accounts for deposit to |
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65 | 65 | | the credit of the fund in the manner provided by general law an |
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66 | 66 | | amount of any bonus, rental, or royalty payments accruing from the |
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67 | 67 | | lease for oil and gas exploration of land dedicated to the Permanent |
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68 | 68 | | University Fund equal to the lesser of: |
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69 | 69 | | (1) one-third of the total amount of those payments; |
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70 | 70 | | or |
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71 | 71 | | (2) $100 million. |
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72 | 72 | | SECTION 3. The following temporary provision is added to |
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73 | 73 | | the Texas Constitution: |
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74 | 74 | | TEMPORARY PROVISION. (a) This temporary provision applies |
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75 | 75 | | to the constitutional amendment proposed by the 88th Legislature, |
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76 | 76 | | Regular Session, 2023, dedicating to the national research |
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77 | 77 | | university fund a portion of certain income from the lease for oil |
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78 | 78 | | and gas exploration of land dedicated to the permanent university |
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79 | 79 | | fund. |
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80 | 80 | | (b) The amendments to Sections 11a and 20, Article VII, of |
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81 | 81 | | this constitution take effect January 1, 2024. |
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82 | 82 | | SECTION 4. This proposed constitutional amendment shall be |
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83 | 83 | | submitted to the voters at an election to be held November 7, 2023. |
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84 | 84 | | The ballot shall be printed to permit voting for or against the |
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85 | 85 | | proposition: "The constitutional amendment dedicating to the |
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86 | 86 | | national research university fund a portion of certain income from |
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87 | 87 | | the lease for oil and gas exploration of land dedicated to the |
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88 | 88 | | permanent university fund." |
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