89th Legislature

HB 34

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 34 seeks to update the rules governing the investment of state funds by expanding restrictions on financial dealings with certain foreign countries deemed adversarial to U.S. and Texas interests. Specifically, it amends Chapter 2270 of the Texas Government Code by defining "countries of concern" as China, Iran, North Korea, Russia, and any additional country designated by the Texas governor. Under this bill, state investing entities would be prohibited from acquiring securities issued by these countries or companies owned, controlled by, or headquartered within them.

The bill broadens the definition of “scrutinized companies” to include businesses with significant ties to countries of concern, requiring the Texas Comptroller to maintain an updated list of such entities. Investing entities must divest from scrutinized companies unless the companies modify their operations or ownership within a 90-day notice period. HB 34 also forbids investments and deposits in banks based in countries of concern, further tightening the state’s financial separation from hostile foreign actors.

Ultimately, HB 34 enhances the state's ability to safeguard its investments from foreign influence that could undermine Texas’s economic or security interests. It clarifies and strengthens existing divestment laws by creating a more flexible framework that allows the governor to react to new global threats over time. The bill reflects a strategic alignment of state financial policy with broader national security concerns.
Author
William Metcalf
Cole Hefner
Greg Bonnen
Giovanni Capriglione
Co-Author
Jeffrey Barry
Ben Bumgarner
Briscoe Cain
David Cook
Pat Curry
Paul Dyson
Cody Harris
Caroline Harris Davila
Hillary Hickland
Janis Holt
Carrie Isaac
Janie Lopez
John McQueeney
Angelia Orr
Katrina Pierson
Ellen Troxclair
Terry Wilson
Sponsor
Bryan Hughes
Co-Sponsor
Paul Bettencourt
Brent Hagenbuch
Lois Kolkhorst
Tan Parker
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal impact of HB 34 cannot be precisely determined at this time. The bill would prohibit the investment of state money in countries of concern such as China, Iran, North Korea, and Russia, as well as in private businesses associated with those countries. The Employees Retirement System of Texas (ERS) and the Teacher Retirement System (TRS) indicated that the financial consequences are uncertain because it is difficult to estimate how divesting from currently held or future investments in those countries would affect overall returns​.

ERS notes that future investment opportunities could be affected if the governor designates additional countries of concern, but it is currently unknown whether such opportunities would have been pursued or how profitable they might have been. Similarly, TRS reports that they cannot reliably forecast the difference in investment returns between existing scrutinized investments and the alternative assets that would replace them.

The Comptroller of Public Accounts (CPA), who would be responsible for updating the list of scrutinized companies, anticipates that the administrative costs associated with these new duties could be absorbed within existing resources. Additionally, the Legislative Budget Board notes that the local government fiscal impact is likewise indeterminate at this time.

Vote Recommendation Notes

HB 34 strengthens the financial integrity and security of the State of Texas without expanding government in a meaningful way, increasing the burden on taxpayers, or imposing new regulations on individuals or businesses. HB 34 prohibits state investing entities from acquiring securities or making deposits involving China, Iran, North Korea, Russia, or other countries of concern designated by the governor. It also updates the criteria for listing “scrutinized companies” that are subject to investment restrictions, ensuring Texas’s public funds are not tied to foreign adversaries​.

The bill does not grow the size or scope of government beyond a modest extension of the Comptroller's existing list-maintenance responsibilities, which the agency can absorb within current resources. It does not increase the burden on taxpayers, as no new taxes or significant expenditures are created. Importantly, it does not impose a regulatory burden on individuals or private businesses — only on state financial management decisions. Private market actors remain free to conduct business as they choose.

While the fiscal impact is officially indeterminate — because it is uncertain whether investment returns might be affected by divestment actions — the core liberty principles of individual liberty, personal responsibility, limited government, and free enterprise are respected and even strengthened by HB 34. The bill represents a prudent, limited-government approach to protecting Texas's economic security and sovereignty without creating new costs or regulations. As such, Texas Policy Research recommends that lawmakers vote YES on HB 34.

  • Individual Liberty: The bill does not restrict or interfere with the personal freedoms of individuals. It exclusively governs the financial activities of state agencies, leaving private citizens free to invest, purchase, and conduct business with companies or entities from countries of concern without any new restrictions. Thus, individual liberty remains unaffected by this bill.
  • Personal Responsibility: The bill promotes personal responsibility at the government level by ensuring that state officials act as careful stewards of public funds. By prohibiting investments tied to adversarial foreign governments, the bill demands greater vigilance and prudence from those managing taxpayer-backed funds. It reinforces the idea that government actors must act responsibly on behalf of the people they serve.
  • Free Enterprise: While the bill places limits on state investment activity, it does not regulate private business behavior. Free enterprise remains intact for individuals and companies in Texas; the state simply chooses not to financially support certain foreign-linked entities. However, critics might caution that restricting the investment market for public funds, even if limited, edges toward politicizing market participation.
  • Private Property Rights: The bill does not impose any new restrictions on the right to buy, sell, own, or control private property. It does not affect private land transactions, business operations, or personal assets. Unlike broader proposals to restrict land ownership from foreign nationals, this bill is narrowly focused on public sector investment choices and leaves private property rights untouched.
  • Limited Government: The bill generally aligns with limited government principles by carefully directing how public money is managed without creating new agencies or imposing new taxes. However, it slightly expands the governor’s authority by allowing the unilateral designation of additional "countries of concern," raising a mild concern about executive overreach. Overall, the bill maintains a limited government approach while enhancing the state's financial security.
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