Bill Text: TX HB4388 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the management of the permanent school fund by the School Land Board and the State Board of Education and a study regarding distributions from the permanent school fund to the available school fund.
Spectrum: Slight Partisan Bill (Republican 13-7)
Status: (Passed) 2019-06-07 - Effective on 9/1/19 [HB4388 Detail]
Download: Texas-2019-HB4388-Introduced.html
Bill Title: Relating to the management of the permanent school fund by the School Land Board and the State Board of Education and a study regarding distributions from the permanent school fund to the available school fund.
Spectrum: Slight Partisan Bill (Republican 13-7)
Status: (Passed) 2019-06-07 - Effective on 9/1/19 [HB4388 Detail]
Download: Texas-2019-HB4388-Introduced.html
86R13428 JXC-D | ||
By: Murphy | H.B. No. 4388 |
|
||
|
||
relating to the management of the permanent school fund by the | ||
School Land Board and the State Board of Education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 43, Education Code, is amended by adding | ||
Section 43.0052 to read as follows: | ||
Sec. 43.0052. QUARTERLY REPORTS. Each quarter, the State | ||
Board of Education shall provide to the School Land Board a | ||
financial report on the portion of the permanent school fund assets | ||
and funds for which the State Board of Education is responsible. | ||
The report must include: | ||
(1) actual allocation and target allocation of assets; | ||
(2) a summary of investment types; | ||
(3) asset and sector performance; and | ||
(4) benchmarks. | ||
SECTION 2. Subchapter C, Chapter 32, Natural Resources | ||
Code, is amended by adding Section 32.068 to read as follows: | ||
Sec. 32.068. QUARTERLY REPORTS. Each quarter, the board | ||
shall provide to the State Board of Education a financial report on | ||
the portion of the permanent school fund assets and funds for which | ||
the board is responsible. The report must include: | ||
(1) actual allocation and target allocation of assets; | ||
(2) a summary of investment types; | ||
(3) asset and sector performance; and | ||
(4) benchmarks. | ||
SECTION 3. Section 51.402(c), Natural Resources Code, is | ||
amended to read as follows: | ||
(c) Notwithstanding Subsection (a), on January 1 of each | ||
even-numbered year, the sum of any funds designated under Section | ||
51.401 not being used for a purpose listed in Subsection (a), | ||
holdings in the permanent school fund liquid account, and the | ||
market value of the investments in real estate made under this | ||
section [ |
||
amount that is equal to 15 percent of the market value of the | ||
permanent school fund on that date. | ||
SECTION 4. Section 51.4131, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 51.4131. REPORT ON ANTICIPATED TRANSFER OF FUNDS; | ||
DEADLINE. (a) Not later than September 1 of each even-numbered | ||
year, the board shall submit to the legislature, comptroller, State | ||
Board of Education, and Legislative Budget Board a report that, | ||
specifically and in detail, states the date a transfer will be made | ||
and the amount of money the board will transfer during the | ||
subsequent state fiscal biennium from the real estate special fund | ||
account of the permanent school fund established under Section | ||
51.401 to the available school fund or the State Board of Education | ||
for investment in the permanent school fund. | ||
(b) The board shall make any transfer described in a report | ||
under Subsection (a) not later than September 1 of the next | ||
even-numbered year. | ||
SECTION 5. Subchapter I, Chapter 51, Natural Resources | ||
Code, is amended by adding Section 51.414 to read as follows: | ||
Sec. 51.414. PERMANENT SCHOOL FUND LIQUID ACCOUNT. (a) The | ||
permanent school fund liquid account is established as an account | ||
in the permanent school fund in the State Treasury to be used by the | ||
board and the State Board of Education as provided by this section. | ||
(b) Each quarter, the board shall hold a meeting and adopt a | ||
resolution to release from the real estate special fund account | ||
funds designated under Section 51.401 that are not being used for a | ||
purpose listed in Section 51.402(a) and are not required for the | ||
board's cash needs for the 90-day period following the date of the | ||
meeting, to be deposited to the credit of the permanent school fund | ||
liquid account in the State Treasury. | ||
(c) The State Board of Education may invest funds in the | ||
permanent school fund liquid account. The investments may be made | ||
only in liquid assets or markets, in a manner authorized by law for | ||
the investment of the permanent school fund. | ||
(d) Investment income and capital gains derived from funds | ||
in the permanent school fund liquid account shall be deposited in | ||
the State Treasury to the credit of the State Board of Education for | ||
investment in the permanent school fund. This subsection does not | ||
require a deposit if the value of the assets held in the permanent | ||
school fund liquid account is below book value. | ||
(e) Funds may be appropriated to the State Board of | ||
Education from the permanent school fund liquid account to pay for | ||
administrative costs associated with implementing this section, | ||
including costs associated with contracts for professional | ||
investment management or investment advisory services. | ||
(f) The board shall provide to the State Board of Education | ||
in each quarterly report required by Section 32.068 the board's | ||
anticipated cash needs for the six-month period following the date | ||
of the report, to allow the State Board of Education to ensure that | ||
the board's cash needs may be met as provided by Subsection (g). | ||
(g) Not later than the 10th day after the date of a request | ||
of the board, the State Board of Education shall release from the | ||
permanent school fund liquid account funds to be deposited to the | ||
credit of the real estate special fund account in the State Treasury | ||
in an amount requested by the board. | ||
SECTION 6. This Act takes effect September 1, 2019. |