Sec. 54.759. CHANGE OF BENEFICIARY. (a) The purchaser of a prepaid tuition contract may designate a different beneficiary in place of the original beneficiary if the new beneficiary meets the requirements of a beneficiary on the date the designation is changed. The new beneficiary must meet the requirements of Section 529, Internal Revenue Code of 1986, to prevent the change of beneficiary from being treated as a distribution under that law.
(b) The board may adjust the terms of the contract so that the purchaser is required to pay the amount the purchaser would have been required to pay had the purchaser originally designated the new beneficiary as the beneficiary, taking into account any payments made before the date the designation is changed.
(c) The board may not impose a fee in connection with the designation of a new beneficiary.
(d) The purchaser of a prepaid tuition contract may not sell the contract.
Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.
Structure Texas Statutes
Subtitle A - Higher Education in General
Subchapter H. Prepaid Tuition Unit Undergraduate Education Program: Texas Tomorrow Fund Ii
Section 54.752. Powers and Duties of Board Concerning Program
Section 54.753. Prepaid Tuition Units: Purchase; Assigned Value; Types; Price
Section 54.754. Redemption of Tuition Units
Section 54.755. Prepaid Tuition Contract
Section 54.756. Purchaser; Beneficiary
Section 54.757. Contract Payment
Section 54.758. Deferred Use of Prepaid Credit Hours
Section 54.759. Change of Beneficiary
Section 54.760. Verification Under Oath
Section 54.761. Promise or Guarantee of Admission
Section 54.762. Contract Termination
Section 54.765. Comptroller's Duties; Transfers to Institutions on Redemption of Tuition Units
Section 54.766. Investment of Fund Assets
Section 54.767. Use of Fund Assets
Section 54.7671. Transfers Among 529 Plans
Section 54.768. Exemption From Securities Laws
Section 54.769. Exemption From Creditors' Claims
Section 54.770. Actuarial Soundness of Fund
Section 54.771. Compliance With Limits on Contributions and Withdrawals
Section 54.772. Tax Exempt Status Requirements
Section 54.773. Suspension of New Enrollment; Program Modification or Termination
Section 54.774. Effect of Program Termination on Contract
Section 54.775. Confidentiality
Section 54.776. Statement Regarding Status of Prepaid Tuition Contract