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Comptroller urges state fund managers to comply with anti-ESG law

Texas continues to play hardball with financial companies that it considers to be opposed to the oil and gas industry, reminding state pension funds this week that they are barred from conducting business with such firms.

Comptroller Glenn Hegar on Wednesday sent letters to the heads of five government employee pension funds and the Permanent School Fund reminding them of the terms of a 2021 state law, Senate Bill 13, that prohibits Texas state agencies that invest funds from putting money in financial companies that “boycott” energy companies.

His office had prepared a list of “identified boycotters” after the law was enacted, the letters note, and state agencies are expected to cut ties with them. 

Among the investment firms on the state’s banned list, New York-based BlackRock appears to be the most scrutinized. The company has some $10 trillion under management.

Others who have been criticized by Hegar for their alleged opposition to the fossil-fuel industry include financial giants UBS Group, BNP Paribas, Credit Suisse Group, Danske Bank, Jupiter Fund Management, Nordea Bank, Schroders, Svenska Handelsbanken and Swedbank.

Related: Blackrock, UBS and others on state’s naughty list after “boycotting” oil and gas companies

“The boycotters…should not be permitted to benefit from assets invested for the future of Texans while simultaneously undermining our state’s economic future,” Hegar writes in the new letters.

The letters, obtained by the Houston Chronicle, are substantially similar to each other, though they specify actions by each fund that are considered questionable, by the comptroller’s office, under the 2021 law. 

Five of the funds — the Teachers Retirement System, the Employees Retirement System, the Texas Emergency Services Retirement System, the Texas Municipal Retirement System and the Permanent School Fund — were found to have some sort of dealings with BlackRock. Hegar’s letter to the Texas County and District Retirement System notes that the fund’s 2021 annual financial report included broker commissions to Credit Suisse and UBS, both headquartered in Zürich. 

BlackRock declined to comment, but has previously denied that it is boycotting the fossil fuel industry, noting that the firm has some $108 billion invested in Texas oil and gas companies.

Related: Financial firms puzzled about getting on Hegar’s oil ‘boycotting list’ — and concerned about precedent

In an interview Thursday, Hegar said, “It’s not necessarily what you’ve done in the past, it’s what you’re doing today and planning to do in the future.”

Many investors in what has become known as the environmental, social and corporate governance (ESG) movement consider climate change and how companies are addressing it. The movement has grown to include the Securities and Exchange Commission, which is proposing standards for how companies report greenhouse emissions and their approaches to managing climate change.

Related: Further state-level boycotts of financial firms could come at a steep price

On its website, BlackRock says: “Our investment conviction is that climate risk is investment risk, and that integrating climate and sustainability considerations into investment processes can help investors build more resilient portfolios and achieve better long-term, risk-adjusted returns.”


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