Sec. 54.769. EXEMPTION FROM CREDITORS' CLAIMS. (a) Money in the fund is exempt from claims of creditors, including claims of creditors of a purchaser, a beneficiary, or a successor in interest of a purchaser or beneficiary.
(b) The rights of a purchaser, beneficiary, or successor in interest of a purchaser or beneficiary in and under a prepaid tuition contract and the payment of tuition and required fees for a beneficiary under a prepaid tuition contract to a general academic teaching institution, two-year institution of higher education, private or independent institution of higher education, medical and dental unit, career school, accredited out-of-state institution of higher education, or registered apprenticeship program under this chapter are exempt from attachment, levy, garnishment, execution, and seizure for the satisfaction of any debt, judgment, or claim against a purchaser, beneficiary, or successor in interest of a purchaser or beneficiary.
(c) A claim or judgment against a purchaser, beneficiary, or successor in interest of a purchaser or beneficiary does not impair or entitle the claim or judgment holder to assert or enforce a lien against:
(1) the rights of a purchaser, beneficiary, or successor in interest of a purchaser or beneficiary in and under a prepaid tuition contract; or
(2) the right of a beneficiary to the payment of tuition and required fees to a general academic teaching institution, two-year institution of higher education, private or independent institution of higher education, medical and dental unit, career school, accredited out-of-state institution of higher education, or registered apprenticeship program under a prepaid tuition contract.
Added by Acts 2007, 80th Leg., R.S., Ch. 1281 (H.B. 3900), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 560 (S.B. 1941), Sec. 9, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 13, eff. June 10, 2019.
Acts 2021, 87th Leg., R.S., Ch. 599 (S.B. 1094), Sec. 8, eff. September 1, 2021.
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