SB 21 (89R) — Texas Strategic Bitcoin Reserve, enrolled

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

States

Tx

2025

Document text

Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.

S.B.ANo.A21

1                                               AN ACT

2    relating    to   the   establishment         and      administration       of    the   Texas

3    Strategic    Bitcoin      Reserve         for     the     purpose    of    investing      in

4    cryptocurrency and the investment authority of the comptroller of

5    public accounts over the reserve and certain other state funds.

6            BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

7            SECTIONA1.AAThis Act may be cited as the Texas Strategic

8    Bitcoin Reserve and Investment Act.

9            SECTIONA2.AAChapter           403,      Government     Code,      is    amended   by

10   adding Subchapter V to read as follows:

11               SUBCHAPTER V.        TEXAS STRATEGIC BITCOIN RESERVE

12           Sec.A403.701.AADEFINITIONS.               In this subchapter:

13                (1)AA"Airdrop"           means       a     gratuitous       distribution     of

14   cryptocurrency to persons who hold cryptocurrency, generally made

15   in a broad, equitable, and nondiscretionary manner.

16                (2)AA"Bitcoin"               means       a    type     of     decentralized

17   cryptocurrency     created       by   a    peer-to-peer       network      that   operates

18   independently of any central authority or bank.

19                (3)AA"Cold storage" means a method of storing private

20   keys required to engage in transactions involving cryptocurrency

21   that:

22                          (A)AAhas a nexus to a secure physical location;

23                          (B)AAis protected from unauthorized access; and

24                          (C)AAis    isolated            from   any     Internet      network

                                                  1
                                                                          S.B.ANo.A21

1    connections.

2                  (4)AA"Cryptocurrency" means a type of virtual currency

3    that   utilizes   cryptography     to    secure    transactions        that     are

4    digitally recorded on a distributed ledger, such as a blockchain.

5                  (5)AA"Fork" means a change to the consensus mechanism

6    of a distributed ledger that creates a separate ledger, which may

7    result in a new cryptocurrency that shares a common transaction

8    history with the previous cryptocurrency up to the point of the

9    change.

10                 (6)AA"Qualified custodian" means a state or federally

11   chartered financial institution or other entity regulated by this

12   state that has custody of a virtual currency.

13                 (7)AA"Reserve"    means    the     Texas    Strategic      Bitcoin

14   Reserve established under this subchapter.

15                 (8)AA"Virtual    currency"   has    the    meaning     assigned   by

16   Section 12.001, Business & Commerce Code.

17          Sec.A403.702.AALEGISLATIVE          FINDINGS;       PURPOSE.             The

18   legislature finds that:

19                 (1)AAbitcoin and other cryptocurrencies are assets with

20   strategic     potential   for    enhancing        this    state ’s     financial

21   resilience;

22                 (2)AAbitcoin and other cryptocurrencies can serve as a

23   hedge against inflation and economic volatility; and

24                 (3)AAthe establishment of a strategic bitcoin reserve

25   serves the public purpose of providing enhanced financial security

26   to residents of this state.

27          Sec.A403.703.AAESTABLISHMENT AND ADMINISTRATION OF RESERVE.

                                          2
                                                                              S.B.ANo.A21

1    (a)   The Texas Strategic Bitcoin Reserve is established as a special

2    fund outside the state treasury.        The comptroller has custody of and

3    shall administer and manage the reserve. The reserve consists of:

4                  (1)AAmoney transferred or deposited to the credit of

5    the reserve by legislative appropriation;

6                  (2)AArevenue      that   the     legislature          by   general    law

7    dedicates for deposit to the credit of the reserve;

8                  (3)AAsubject      to   Section   403.704,        bitcoin     and   other

9    cryptocurrency purchased using money in or received by the reserve,

10   including any cryptocurrency:

11                        (A)AAderived      from    the   fork       of   a   distributed

12   ledger; or

13                        (B)AAdistributed       pursuant      to   an    airdrop to     the

14   state ’s cryptocurrency addresses; and

15                 (4)AAinvestment earnings and interest or rewards earned

16   on assets in the reserve.

17          (b)AAIn its administration and management of the reserve, the

18   comptroller    may   acquire,    exchange,     sell,      supervise,      manage,   or

19   retain any kind of investment that a prudent investor exercising

20   reasonable care, skill, and caution would acquire, exchange, sell,

21   supervise,    manage,   or   retain    in   light    of   the    purposes,       terms,

22   distribution requirements, and other circumstances then prevailing

23   for the reserve, taking into consideration the investment of all

24   the assets of the reserve rather than a single investment.

25          (c)AAThe legislature may appropriate funds for deposit to the

26   credit of the reserve for the purposes of:

27                 (1)AAinvesting in bitcoin or other cryptocurrency; and

                                             3
                                                                        S.B.ANo.A21

1                   (2)AAadministering and managing the reserve.

2           (d)AAThe      comptroller      may    spend       bitcoin    or     other

3    cryptocurrency in the reserve or use the net proceeds from the sale

4    of   bitcoin   or   other   cryptocurrency    in   the   reserve   to    pay   the

5    reasonable costs associated with administering and managing the

6    reserve.

7           (e)AAMoney in the reserve may be invested with the state

8    treasury pool.

9           (f)AAExcept as provided by Section 403.706, the comptroller

10   may not transfer money in the reserve to the state treasury unless

11   authorized by the legislature in the General Appropriations Act or

12   another law.

13          Sec.A403.704.AAMARKET CAPITALIZATION REQUIREMENT.                 Bitcoin

14   or other cryptocurrency purchased using money in the reserve must

15   have an average market capitalization of at least $500 billion over

16   the most recent 24-month period.

17          Sec.A403.705.AATHIRD-PARTY           CONTRACTS      AND     PERMISSIBLE

18   TRANSACTIONS; AUDITS.       (a)   The comptroller may contract with one or

19   more third-party entities for the administration or management of

20   the reserve, including contracting with:

21                  (1)AAa qualified custodian who employs secure custodial

22   technologies, including cold storage; and

23                  (2)AAa qualified liquidity provider to facilitate the

24   purchase and management of assets in the reserve.

25          (b)AAFor purposes of Subsection (a)(2), "qualified liquidity

26   provider" means an entity that:

27                  (1)AAis licensed or regulated under applicable federal

                                            4
                                                                        S.B.ANo.A21

1    or state law;

2                  (2)AAmaintains audited financial statements prepared

3    by a regulated auditor;

4                  (3)AAhas at least five years of experience trading in

5    the digital assets industry;

6                  (4)AAmaintains an office and has a registered principal

7    in this state; and

8                  (5)AAhas      certified   in    a   method    prescribed    by   the

9    comptroller     that     the    provider      meets   the     requirements     of

10   Subdivisions (1)-(4).

11         (c)AAIf the comptroller determines it is in the best interest

12   of the reserve, the comptroller may use derivatives.

13         (d)AAThe comptroller may contract with a certified public

14   accountant to perform an independent audit of the reserve.

15         Sec.A403.706.AATEMPORARY TRANSFER FOR CASH MANAGEMENT.                   (a)

16   The comptroller may liquidate the reserve ’s assets and temporarily

17   transfer money from the reserve to the state treasury if necessary

18   for the purposes described by Section 403.092.

19         (b)AAThe comptroller shall, as soon as practicable after the

20   date of a transfer under Subsection (a), return the transferred

21   money to the reserve along with the interest, if any, earned on the

22   money while held in the state treasury.

23         Sec.A403.707.AATEXAS         STRATEGIC      BITCOIN    RESERVE     ADVISORY

24   COMMITTEE.      (a)    In   this   section,    "committee"    means    the   Texas

25   Strategic Bitcoin Reserve advisory committee.

26         (b)AAThe committee is composed of the following five members:

27                 (1)AAthe comptroller;

                                             5
                                                                       S.B.ANo.A21

1                (2)AAone     member     of     the   comptroller ’s    investment

2    advisory board established under Section 404.028, appointed by the

3    comptroller; and

4                (3)AAthree    members      with   expertise   in   cryptocurrency

5    investments, appointed by the comptroller.

6          (c)AAThe committee shall advise the comptroller regarding

7    the administration and management of the reserve, including:

8                (1)AArecommendations for valuing assets in the reserve;

9    and

10               (2)AAthe establishment of prudent investment policies

11   relating to the investment objectives of and asset allocation in

12   the reserve.

13         (d)AAA member of the committee is not entitled to receive

14   compensation for service on the committee or reimbursement for

15   expenses incurred in the performance of official duties as a member

16   of the committee.

17         (e)AAMembers of the committee appointed by the comptroller

18   serve at the will of the comptroller.

19         (f)AAChapter 2110 does not apply to the committee.

20         Sec.A403.708.AABIENNIAL REPORT.            Not later than December 31

21   of each even-numbered year, the comptroller shall publish on the

22   comptroller ’s Internet website and submit to the legislature a

23   report that includes:

24               (1)AAthe    amount    of   bitcoin   and   other   cryptocurrency

25   held in the reserve on the last day of the preceding state fiscal

26   biennium;

27               (2)AAan estimate of the monetary value of the bitcoin

                                            6
                                                                             S.B.ANo.A21

1    and other cryptocurrency held in the reserve on the last day of the

2    preceding state fiscal biennium;

3                  (3)AAthe changes, if any, in the amount and estimated

4    monetary value of bitcoin and other cryptocurrency in the reserve

5    during the period the cryptocurrency has been held in the reserve,

6    disaggregated by cryptocurrency type; and

7                  (4)AAa   description     of     the    actions      taken    by     the

8    comptroller    to   administer   and   manage       the    reserve      during    the

9    preceding state fiscal biennium.

10           Sec.A403.709.AARULES.      The comptroller may adopt rules as

11   necessary to administer this subchapter.

12           SECTIONA3.AASection 2256.004(a), Government Code, is amended

13   to read as follows:

14           (a)AAThis subchapter does not apply to:

15                 (1)AAa public retirement system as defined by Section

16   802.001;

17                 (2)AAstate   funds   invested         by    the    comptroller      [as

18   authorized by Section 404.024];

19                 (3)AAan institution of higher education having total

20   endowments of at least $150 million in book value on September 1,

21   2017;

22                 (4)AAfunds   invested    by    the    Veterans ’ Land       Board   as

23   authorized by Chapter 161, 162, or 164, Natural Resources Code;

24                 (5)AAregistry   funds        deposited      with    the    county   or

25   district clerk under Chapter 117, Local Government Code; or

26                 (6)AAa deferred compensation plan that qualifies under

27   either Section 401(k) or 457 of the Internal Revenue Code of 1986

                                            7
                                                                       S.B.ANo.A21

1    (26 U.S.C. Section 1 et seq.), as amended.

2          SECTIONA4.AAAs soon as possible after the effective date of

3    this Act, the comptroller of public accounts shall:

4                (1)AAadopt rules as necessary to implement this Act;

5    and

6                (2)AAappoint   members       to   the   Texas   Strategic   Bitcoin

7    Reserve   advisory   committee   as      required     by    Section     403.707,

8    Government Code, as added by this Act.

9          SECTIONA5.AAThis Act takes effect immediately if it receives

10   a vote of two-thirds of all the members elected to each house, as

11   provided by Section 39, Article III, Texas Constitution.                 If this

12   Act does not receive the vote necessary for immediate effect, this

13   Act takes effect September 1, 2025.

                                          8
                                                                         S.B.ANo.A21

______________________________AAAA______________________________
     President of the SenateAAAAAAAAAAAAASpeaker of the House

      I    hereby    certify      that    S.B.ANo.A21    passed    the    Senate   on

MarchA6,A2025,        by    the     following         vote:AAYeasA25,        NaysA5;

MayA25,A2025, Senate refused to concur in House amendments and

requested appointment of Conference Committee; MayA27,A2025, House

granted    request    of    the    Senate;      MayA30,A2025,      Senate    adopted

Conference    Committee      Report       by   the   following     vote:AAYeasA23,

NaysA8.

                                               ______________________________
                                               AAAASecretary of the Senate

      I hereby certify that S.B.ANo.A21 passed the House, with

amendments,   on     MayA21,A2025,        by   the   following   vote:AAYeasA101,

NaysA42,    two   present    not    voting;      MayA27,A2025,      House    granted

request of the Senate for appointment of Conference Committee;

MayA29,A2025,     House    adopted       Conference    Committee    Report   by    the

following vote:AAYeasA110, NaysA25, two present not voting.

                                               ______________________________
                                               AAAAChief Clerk of the House

Approved:

______________________________
AAAAAAAAAAAADate

______________________________
AAAAAAAAAAAGovernor

                                           9