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Texas Introduces Legislation to Establish Strategic Bitcoin Reserve

Austin, TX – December 12, 2024 – A move towards fiscal innovation in the Lone Star State has started. Representative Giovanni Capriglione introduced legislation on Thursday in the Texas House of Representatives proposing the establishment of a state bitcoin reserve.

The legislative developments in Texas signify a turning point in how states conceive of their strategic reserves, bridging traditional public finance models with digital assets.

The bill displays a framework enabling the state to accept taxes, fees, and donations in bitcoin, holding the cryptocurrency for a minimum of five years is a big part of this plan.

Texas’s pioneering economic development effort puts innovation and investing in a combined volatile space. The plans are closely watched by policymakers, legal experts, and the public alike, may well chart a path for integrating cryptocurrency into state treasuries, setting the stage for a new era of digital fiscal innovation

The Texas Act may already has bipartisan support. If passed, the bill will set a precedent for the remainder of the country and for the U.S. Treasury. The proposed law would allow Texas to begin building a bitcoin reserve that benefits Texans. Is this a hedge against inflation by the state? Perhaps yes, and an economic development tool.

“Establishing a strategic bitcoin reserve would be a win-win for Texas, providing a hedge against inflation while promoting technological progress.” said Texas Rep. Capriglione.

Texas has energy resources, uniquely to the area as the second-largest economy in the U.S. and the eighth-largest globally.

Additionally, the state boasts the highest concentration of bitcoin miners in the country, potentially encouraging miners to pay taxes directly in bitcoin.

While the initial legislation does not include a direct bitcoin purchasing strategy, future expansions could strengthen the policy.

In Summer of 2024 at the Bitcoin Conference in Nashville Tennessee, President-elect Donald Trump discussed plans for a U.S. bitcoin stockpile, reinforcing speculation about the government’s future role in the cryptocurrency market.

Here are some policy considerations to consider as models for states bitcoin reserves emerge.

1. Authority and Fiduciary Responsibility
Under existing laws, state treasuries must generally adhere to prudent investor standards, which historically focused on traditional asset classes. Incorporating Bitcoin—an asset class renowned for its volatility—introduces questions about whether state officials are legally authorized to invest public funds in emerging digital markets.

Texas’s newly proposed legislation addresses this issue head-on: by explicitly enabling the state treasury to hold Bitcoin, it clarifies and extends fiduciary authority. Meanwhile, other states, like Florida and Pennsylvania, either contemplate or have introduced measures that define permissible percentages of crypto-based investments in their reserves. These legal frameworks ensure that investments are not only permissible but also aligned with the broader financial stewardship obligations to citizens.

2. Legislative Mandates and Investment Guidelines
Each state adopting or considering a Bitcoin reserve must navigate a web of constitutional provisions, statutory mandates, and administrative regulations to confirm that novel asset classes align with legal guidelines. The creation of state-level cryptocurrency reserves often involves new enabling legislation, providing a structural blueprint for investment strategies and asset management.

Texas’s proposed “Strategic Bitcoin Reserve Act” represents a legislative instrument that codifies the powers, limitations, and objectives of Bitcoin holdings. By contrast, Michigan’s decision to invest in Bitcoin ETFs illustrates a more conservative approach—an attempt to remain within the familiar regulatory confines of SEC-regulated securities rather than direct cryptocurrency exposure.

3. Transparency, Reporting, and Public Accountability
Transparency is a non-negotiable element in the management of public funds. Whether states hold direct Bitcoin or related financial instruments, they must comply with open government laws, auditing standards, and frequent public disclosures.

Texas’s proposed framework, which envisions a long-term holding period, will likely include stringent reporting mandates. A this time U.S. States can adopt transparency measures that validate their foray into digital assets. Wisconsin, already actively discloses their Bitcoin-related positions through regular public filings, positioning crypto investments within a well-defined and publicly accessible regulatory ecosystem.

4. Federal Regulatory Overlays and Interjurisdictional Precedents
Although states enjoy significant autonomy, they cannot ignore the influence of federal securities and commodities regulations.

As the U.S. Treasury and federal policymakers contemplate a national Bitcoin reserve, states will need to remain agile, ensuring that their statutes and administrative rules mesh comfortably with evolving federal guidelines.

5. Long-Term Strategic and Constitutional Considerations
Establishing a Bitcoin reserve is not merely about capitalizing on short-term market trends; it involves strategic foresight. The Texas proposal’s emphasis on a minimum five-year holding period illustrates an understanding that cryptocurrencies must be approached as long-term strategic assets rather than speculative vehicles.

Such entrenchment would ensure stability and predictability, even as digital asset markets continue to evolve at a rapid pace.More State-Level Bitcoin Reserve Initiatives Springing Up Across the U.S.

Florida: Florida is exploring the creation of a Bitcoin reserve by utilizing a portion of its pension fund.

Wisconsin: Wisconsin has accumulated millions in Bitcoin-related financial instruments.

Pennsylvania: Pennsylvania lawmakers have introduced a proposal to allocate a portion of the state’s General Fund toward a Bitcoin reserve.

Michigan: Michigan has chosen to invest in Bitcoin-related exchange-traded funds (ETFs) rather than direct cryptocurrency purchases.

As Texas moves forward with this pioneering legislation, it could serve as a model for other states and even countries considering similar strategies. The initiative reinforces Texas’ commitment to innovation, technological advancement, and long-term economic security.

Sources for this article include:

https://www.cnbc.com/2024/12/12/texas-house-introduces-bill-to-establish-a-strategic-bitcoin-reserve.html

https://www.dlnews.com/articles/markets/texas-proposed-a-bitcoin-reserve-these-places-are-piling-in

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