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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Texas state buildings preservation |
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endowment fund, including the transfer to the fund of the |
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unencumbered balances of certain other funds. |
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       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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       SECTION 1.  Section 443.0102(b), Government Code, is amended |
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to read as follows: |
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       (b)  The Capitol fund created by Section 443.0101 and the |
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Texas state buildings preservation endowment fund created by |
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Section 443.0103 are [is] not subject to Subchapter F, Chapter 404. |
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A provision of this chapter or other law that provides for the |
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deposit of money or another thing of value into the Capitol fund or |
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the Texas state buildings preservation endowment fund prevails over |
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Subchapter F, Chapter 404. |
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       SECTION 2.  Section 443.0103, Government Code, is amended to |
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read as follows: |
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       Sec. 443.0103.  TEXAS STATE BUILDINGS PRESERVATION |
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ENDOWMENT [CAPITAL RENEWAL TRUST] FUND. (a) In this section: |
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             (1)  "Fund" means the Texas state buildings |
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preservation endowment fund. |
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             (2)  "Trust company" means the Texas Treasury |
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Safekeeping Trust Company. |
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       (b)  The Texas state buildings preservation endowment |
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[capital renewal trust] fund is created as a [trust] fund outside |
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the treasury. The purpose of the fund is to maintain, preserve, |
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rehabilitate, and restore the state buildings and grounds over |
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which the board has jurisdiction [with the comptroller and shall be |
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administered by the board, as a trustee on behalf of the people of |
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this state, to maintain and preserve the Capitol, the General Land |
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Office Building, their contents, and their grounds]. |
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       (c)  The fund consists of: |
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             (1)  money transferred or appropriated to the fund by[: |
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             [(1)  at the direction of] the legislature, including |
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money transferred to the fund from the former capital renewal trust |
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fund, Governor's Mansion renewal trust fund, and State Cemetery |
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preservation trust fund; [or] |
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             (2)  gifts, grants, and donations contributed to the |
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fund for a purpose for which money in the fund may be used under [in |
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accordance with] this section; and |
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             (3)  any returns received from the investment of money |
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in the fund. |
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       (d)  The trust company shall hold, manage, and invest the |
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fund, and shall determine the amount available for distribution |
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from the fund each year in accordance with a distribution policy |
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adopted by the comptroller. The distribution policy must be |
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designed to preserve the purchasing power of the assets of the fund, |
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provide a stable and predictable series of annual distributions |
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from the fund, and meet the liquidity needs of the fund as |
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necessary. The expenses of managing the fund and its assets shall |
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be paid from the fund. Except as otherwise provided by this |
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section, money [(b)  Money] in the fund may not be used [only] for |
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any other [the] purpose. |
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       (e)  In managing the assets of the fund, through procedures |
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and subject to restrictions the trust company considers |
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appropriate, the trust company may acquire, exchange, sell, |
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supervise, manage, or retain any kind of investment that a prudent |
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investor, exercising reasonable care, skill, and caution, would |
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acquire or retain in light of the purposes, terms, distribution |
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requirements, and other circumstances of the fund then prevailing, |
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taking into consideration the investment of all the assets of the |
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fund rather than a single investment. At the request of the trust |
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company, the board shall provide the trust company with information |
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the trust company determines is necessary to ensure that the trust |
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company is able to achieve the objectives specified by Subsection |
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(d). |
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       (f)  The board annually may request a distribution from the |
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fund in an amount that may not exceed the amount the trust company |
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determines is available for distribution in the applicable year |
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under Subsection (d). Money distributed from the fund to the board |
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may be used only for the purpose of maintaining, [and] preserving, |
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rehabilitating, and restoring the buildings [the Capitol, the |
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