HBA-MPM H.J.R. 45 76(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 45 By: Hochberg Public Education 4/19/1999 Introduced BACKGROUND AND PURPOSE According to the Texas Constitution, the state may only transfer interest and dividends from the Permanent School Fund to pay into the Available School Fund. The Available School Fund pays 100 percent of the cost of student textbooks and funds a per-student allotment for all school districts. The stock market in recent times has been yielding much higher returns than securities, yet, because the state is precluded from transferring capital gains from stocks to the Available School Fund, the state must give up higher yields in capital gains to generate required cash flow. H.J.R. 45 allows the state to follow generally accepted standards used by private endowments for allowing the Permanent School Fund to grow while providing a necessary cash flow. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5(a), Article VII, Texas Constitution, to provide that the principal of all bonds and other funds, and the principal arising from the sale of the lands previously set apart to the school fund, shall be the permanent school fund; and the distribution as provided in Subsection (e) and (f) of this section, rather than all the interest derivable and the taxes authorized and levied, shall be the available school fund. SECTION 2. Amends Section 5, Article VII, Texas Constitution, by adding Subsections (e), (f), and (g), as follows: (e) Requires the State Board of Education (board) to annually determine the total return on the permanent school fund, including income and net appreciation. Provides that the annual distribution of the available school fund is the lesser of the total return on the permanent school fund or an amount computed by multiplying the permanent school fund's market value at the end of the fiscal year by the adjusted average return on the permanent school fund, despite any other provision of this constitution, except Subsection (f) of this section. (f) Stipulates that the annual distribution from the available school fund may not be less than two percent of the average of the market value of the permanent school fund at the end of each of the five preceding years. (g) Requires the board to modify the distribution of the available school fund as necessary only to comply with Internal Revenue Service rulings regarding the use of the permanent school fund and income from the permanent school fund to guarantee bonds provided under Subsection (b) of this section (regarding the use of the permanent school fund and the income from the permanent school fund to guarantee bonds issued by school districts or the state for the purpose of making loans to or purchasing the bonds of school districts for acquisition, construction, or improvement of instructional facilities). SECTION 3. Requires this proposed constitutional amendment to be submitted to the voters at an election to be held November 2, 1999. Sets forth the required language for the ballot.