Tex. Educ. Code Section 43.001
Composition of Permanent School Fund and Available School Fund


(a)

Except as provided by Subsection (b), the permanent school fund, which is a perpetual endowment for the public schools of this state, consists of:

(1)

all land appropriated for the public schools by the constitution and laws of this state;

(2)

all of the unappropriated public domain remaining in this state, including all land recovered by the state by suit or otherwise except pine forest land as described by Section 88.111 (Forest Land Acquired by State Under Tax Sale) and property described by Section 12.128 (Property Purchased or Leased with State Funds);

(3)

all proceeds from the authorized sale of permanent school fund land;

(4)

all proceeds from the lawful sale of any other properties belonging to the permanent school fund;

(5)

all investments authorized by Section 43.003 (Investment of Permanent School Fund) of assets belonging to the permanent school fund; and

(6)

all income from the mineral development of permanent school fund land, including income from mineral development of riverbeds and other submerged land.

(b)

The available school fund, which shall be apportioned annually to each county according to its scholastic population, consists of:

(1)

the distributions to the fund from the permanent school fund as provided by Sections 5(a) and (g), Article VII, Texas Constitution;

(2)

one-fourth of all revenue derived from all state occupation taxes, exclusive of delinquencies and cost of collection;

(3)

one-fourth of revenue derived from state gasoline and special fuels excise taxes as provided by law; and

(4)

all other appropriations to the available school fund made by the legislature for public school purposes.

(c)

The term “scholastic population” in Subsection (b) or any other law governing the apportionment, distribution, and transfer of the available school fund means all students of school age enrolled in average daily attendance the preceding school year in the public elementary and high school grades of school districts within or under the jurisdiction of a county of this state.

(d)

Each biennium the State Board of Education shall set aside an amount equal to 50 percent of the distribution for that biennium from the permanent school fund to the available school fund as provided by Sections 5(a) and (g), Article VII, Texas Constitution, to be placed, subject to the General Appropriations Act, in the state instructional materials and technology fund established under Section 31.021 (State Instructional Materials and Technology Fund).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 201, Sec. 36, eff. June 10, 2003; Acts 2003, 78th Leg., ch. 328, Sec. 2.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 65, eff. July 19, 2011.
Acts 2011, 82nd Leg., 1st C.S., Ch. 6 (S.B. 6), Sec. 66, eff. July 19, 2011.
Acts 2015, 84th Leg., R.S., Ch. 731 (H.B. 1474), Sec. 4, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 581 (S.B. 810), Sec. 34, eff. June 9, 2017.
Acts 2017, 85th Leg., R.S., Ch. 705 (H.B. 3526), Sec. 22, eff. June 12, 2017.
Acts 2019, 86th Leg., R.S., Ch. 461 (H.B. 4611), Sec. 1, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 461 (H.B. 4611), Sec. 2, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.028, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 12, eff. June 10, 2019.
Acts 2021, 87th Leg., R.S., Ch. 875 (S.B. 1232), Sec. 1.02, eff. September 1, 2021.

Source: Section 43.001 — Composition of Permanent School Fund and Available School Fund, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­43.­htm#43.­001 (accessed Apr. 20, 2024).

43.001
Composition of Permanent School Fund and Available School Fund
43.002
Transfers from Permanent School Fund and General Revenue Fund to Available School Fund
43.003
Investment of Permanent School Fund
43.004
Written Investment Objectives
43.005
External Investment Managers
43.006
Investment Management
43.007
Purchase and Sale or Exchange of Securities
43.009
Prepayment of Certain Bonds Held by the Permanent School Fund
43.010
Default of School District Securities Held by the Permanent School Fund
43.011
Authorized Refunding of Defaulted School Bonds
43.012
Refunding Other Defaulted Obligations
43.013
Jurisdiction
43.014
Duties of Comptroller
43.015
Duties of Comptroller
43.016
Use of Available School Fund
43.017
Use of Commercial Banks as Agents for Collection of Income from Permanent School Fund Investments
43.018
Participation in Fully Secured Securities Loan Programs
43.019
Accounting Treatment of Certain Exchanges
43.020
Treatment of Accrued Income
43.0031
Permanent School Fund Ethics Policy
43.0032
Conflicts of Interest
43.0033
Reports of Expenditures
43.0034
Forms
43.0051
Transfers to Real Estate Special Fund Account of the Permanent School Fund
43.051
Definitions
43.052
Creation of Corporation
43.053
Board of Directors
43.054
Chief Executive Officer
43.055
Employees
43.056
Sovereign Immunity
43.057
Liability Insurance for Board Members and Employees
43.058
Ethics Policy
43.059
Applicability of Certain Laws
43.060
Exception to Open Meeting Requirements for Certain Consultations Concerning Investments
43.061
Record Retention
43.062
Information Technology and Associated Resources
43.063
General Powers and Duties of Corporation
43.064
Contracting for Facilities and Necessary Support
43.065
Written Investment Objectives
43.066
Distributions by Corporation from Permanent School Fund to Available School Fund
43.067
Bond Guarantee Program
43.068
Annual Audit
43.069
Annual Investment Report
43.070
Report on Anticipated Transfer to Available School Fund
43.071
Gifts, Grants, and Donations

Accessed:
Apr. 20, 2024

§ 43.001’s source at texas​.gov