Lt. Gov. Dan Patrick. “We created this blacklist of companies we didn't feel were friendly towards fossil fuel,” he said.

UBS, which bid for the right to sell school district bonds, was banned from such work by the state of Texas. UBS explained how it works closely with fossil fuel companies when the comptroller’s office asked follow-up questions.

The Normangee Independent School District in 2022 needed to raise some for its run-down schools. Administrators needed more middle school classrooms, a cafeteria renovation and a new elementary playground that could accommodate disabled students.

Voters in the small community halfway between Houston and Waco approved an $18.6 million bond initiative on May 7, 2022. Elated, the district invited bids from some of the world’s largest banks to raise the money.

School districts, cities, states and all kinds of government bodies routinely ask voters for permission to take on debt. They sell bonds to banks, who then sell to investors, who like so-called municipal bonds because they are almost always paid back. Banks compete for the business by offering the lowest interest rate. Bigger banks doing more bonds can afford lower rates.

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UBS Group, a Zurich-based multinational investment bank, made the winning bid, offering an interest rate of 4.0808433%. The competition is so fierce that the final digit can make a difference, especially over 30 years.

The school district thought it was all set when Texas Attorney General Ken Paxton stopped the process on Sept. 2, 2022, according to documents obtained through a public information request. Eleven days earlier, Texas Comptroller Glenn Hegar had put one of the world’s largest financial institutions on a blacklist and banned it from doing business with any state or local entity in Texas.

Paxton’s office soon sent a letter demanding UBS pay the school district nearly $1.8 million in damages for lying in a sworn statement.

Texas was firing the first shot in its war on companies that offer investment vehicles that exclude oil and gas companies. Wall Street’s top names were losing access to the state’s $50 billion-a-year debt market for agreeing to fight climate change.

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A year earlier, the Texas Legislature passed Senate Bill 13 along party lines to challenge banks that promised to phase out business with fossil fuel companies. Authored by GOP state Sen. Bryan Birdwell, the law prohibits state agencies from investing funds with financial firms that boycott energy companies or adopt climate policies not mandated by law.

“We created this blacklist of companies we didn't feel were friendly towards fossil fuel,” Lt. Gov. Dan Patrick told my colleague Claire Hao at an investor conference this month. “If you're going to be anti-fossil fuels, if you're going to demand certain policies before you loan companies money, then we're not going to do business with you. That's a policy that we took to protect our oil and gas industry.”

SB13 required bankers to certify that they don’t boycott energy companies, which UBS did.

“UBS does not prohibit banking, consumption, financing, investment, underwriting, or related activity pertaining to fossil fuel-based energy and fossil fuel-based energy companies,” the company explained a response to a questionnaire.

Hegar, who is charged with maintaining the blacklist, rejected UBS’s claim. UBS’s attorneys were flummoxed. They didn’t understand why they were banned under the new law intended to punish companies that consider environmental, social and governance issues, known as ESG, when making investment decisions.

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UBS explained how it works closely with fossil fuel companies when the comptroller’s office asked follow-up questions.

“UBS continues to provide investment banking services to energy companies and has completed 72 capital markets and M&A (merger and acquisition) transactions for clients … across the oil and gas sector between January 1, 2020 and June 30, 2022,” the company’s representatives wrote.

“UBS Global Wealth Management’s assets under management with direct investments in oil and gas companies as of June 30, 2022, was approximately $33.5 (billion),” the company added. UBS acknowledged that it had pledged to reduce the firm’s carbon footprint, but that was not a boycott.

Unmoved, Hegar placed UBS and 14 other financial firms placed on the first blacklist. Others included globally respected names such as BlackRock, BNP Paribas, HSBC Holdings and Credit Agricole.

UBS was appealing the comptroller’s decision when Paxton’s office blocked Normangee’s bond sale. Then, the attorney general demanded compensation.

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“These damages represent (1) the amount of extra interest our client expects to lose over the life of the bond with the current underwriter instead of your client; and (2) the loss of interest earnings the district incurred from not getting the funds deposited at the time the district was originally scheduled to close with your client,” the attorney general’s office wrote in a Oct. 5, 2022, letter.

UBS settled the case in May 2023 by splitting the difference for $850,000.

Normangee ISD’s taxpayers were compensated for the extra interest. But research by economists from the Wharton School and the Federal Reserve of Chicago shows that blacklisting the world’s biggest bond dealers allows the remaining dealers to charge Texans 0.41 percentage points more in interest.

“Texas issuers will incur $300 (million) - $500 million in additional interest on the $31.8 billion borrowed during the first eight months following enactment,” the 2022 paper concluded. If that pattern holds, the law will force taxpayers to pay $22.5 billion in higher interest over 30 years.

How did some of the world’s largest banks get blacklisted? What criteria does Texas Comptroller Glenn Hegar use to make his blacklist? What happened next and how UBS and BlackRock tried to avoid the list is in Part 2 of this three-column series.

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Award-winning opinion writer Chris Tomlinson writes commentary about money, politics and life in Texas. Sign up for his “Tomlinson’s Take” newsletter at houstonhchronicle.com/tomlinsonnewsletter or expressnews.com/tomlinsonnewsletter.

QOSHE - Tomlinson: Texas started a war against banks. It could cost taxpayers $22B. - Chris Tomlinson
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Tomlinson: Texas started a war against banks. It could cost taxpayers $22B.

13 1
21.02.2024

Lt. Gov. Dan Patrick. “We created this blacklist of companies we didn't feel were friendly towards fossil fuel,” he said.

UBS, which bid for the right to sell school district bonds, was banned from such work by the state of Texas. UBS explained how it works closely with fossil fuel companies when the comptroller’s office asked follow-up questions.

The Normangee Independent School District in 2022 needed to raise some for its run-down schools. Administrators needed more middle school classrooms, a cafeteria renovation and a new elementary playground that could accommodate disabled students.

Voters in the small community halfway between Houston and Waco approved an $18.6 million bond initiative on May 7, 2022. Elated, the district invited bids from some of the world’s largest banks to raise the money.

School districts, cities, states and all kinds of government bodies routinely ask voters for permission to take on debt. They sell bonds to banks, who then sell to investors, who like so-called municipal bonds because they are almost always paid back. Banks compete for the business by offering the lowest interest rate. Bigger banks doing more bonds can afford lower rates.

Advertisement

Article continues below this ad

UBS Group, a Zurich-based multinational investment bank, made the winning bid, offering an interest rate of 4.0808433%. The competition is so fierce that the final digit can make a difference, especially over 30 years.

The school district thought it was all set when Texas Attorney General Ken Paxton stopped the process on Sept. 2, 2022, according to documents obtained through a public........

© Houston Chronicle


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