Sec. 54.621. BENEFICIARY. (a) Except as provided by Subsection (d), the beneficiary of a prepaid tuition contract must be younger than 18 years of age or 18 years of age or older and enrolled in high school at the time the purchaser enters into the contract and must be:
(1) a resident of this state at the time the purchaser enters into the contract; or
(2) a nonresident who is the child of a parent who is a resident of this state at the time that parent enters into the contract.
(b) The board may require a reasonable period of residence in this state for a beneficiary or the parent of a beneficiary.
(c) Notwithstanding any provision of Subchapter B, the tuition and required fees charged by an institution of higher education for semester hours and fees that are paid for by a prepaid tuition contract shall be determined as if the beneficiary of that contract were a resident student.
(d) In order to provide sufficient time for program investments to mature in an actuarially sound manner with regard to the amounts prepaid under a contract entered into after December 31, 2003, the board may require a maturity period between the time a purchaser enters into the contract and the time the board must act on its contractual obligation to pay any tuition or fees on behalf of the beneficiary.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 522, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 7, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 10, eff. June 15, 2007.
Structure Texas Statutes
Subtitle A - Higher Education in General
Subchapter F. Prepaid Higher Education Tuition Program
Section 54.6001. Public Purpose
Section 54.602. Establishment of Board; Function
Section 54.603. Sunset Provision
Section 54.604. Termination or Modification of Program
Section 54.605. Effect of Termination of Program on Contract
Section 54.606. Members of Board; Appointment; Terms of Office
Section 54.607. Duty in Recommending, Making, or Confirming Appointments
Section 54.608. Restrictions on Board Appointment, Membership, and Employment
Section 54.6085. Prepaid Higher Education Tuition Board Ethics Policy
Section 54.609. Removal of Board Member
Section 54.610. Training of Board Members
Section 54.611. Board Officers
Section 54.612. Compensation and Expenses of Appointed Board Members
Section 54.614. Applicability of Open Meetings Law and Administrative Procedure Law
Section 54.615. Executive Director; Staff
Section 54.616. Program and Facility Accessibility
Section 54.617. Public Interest Information and Complaints
Section 54.6175. Use of Technology
Section 54.618. Powers of Board
Section 54.6181. Advisory Committees
Section 54.619. Prepaid Higher Education Tuition Program
Section 54.6195. Application for Enrollment
Section 54.620. Prepaid Tuition Contract
Section 54.622. Types of Plans
Section 54.623. Junior College Plan
Section 54.624. Senior College Plan
Section 54.6245. Graduate and Professional Degree Plans
Section 54.625. Junior-Senior College Plan
Section 54.6251. Private College Plan
Section 54.6252. Contract for Additional Credit Hours
Section 54.626. Contract Payment
Section 54.6261. Deferred Use of Prepaid Credit Hours
Section 54.6262. Application of Unused Credit Hours to Graduate Tuition
Section 54.627. Change of Beneficiary
Section 54.628. Conversion to Another Plan
Section 54.629. Verification Under Oath
Section 54.630. Promise or Guarantee of Admission
Section 54.631. Contract Termination
Section 54.633. Prepaid Higher Education Tuition Scholarships for Students
Section 54.634. Establishment of Trust Fund; College Savings Plan Account
Section 54.636. Investment of Fund Assets
Section 54.637. Use of Fund Assets
Section 54.6385. Exemption From Securities Laws
Section 54.639. Exemption From Creditors' Claims
Section 54.640. Actuarial Soundness of Fund
Section 54.6401. Compliance With Limits on Contributions and Withdrawals
Section 54.641. Statement Regarding Status of Prepaid Tuition Contract