Sec. 54.902. DEFINITIONS. In this subchapter:
(1) "ABLE account" has the meaning assigned by Section 529A, Internal Revenue Code.
(2) "ABLE program" or "program" means the Texas Achieving a Better Life Experience Program created under this subchapter.
(3) "Board" means the Prepaid Higher Education Tuition Board established under Section 54.602.
(4) "Designated beneficiary" means a person with a disability who:
(A) is an eligible individual;
(B) is named as the designated beneficiary of an ABLE account; and
(C) meets any residency requirements established by the board.
(5) "Eligible individual" means a person who has certified to the board that the person is eligible to participate in the ABLE program.
(6) "Financial institution" means a bank, a trust company, a depository trust company, an insurance company, a broker-dealer, a registered investment company or investment manager, the Texas Treasury Safekeeping Trust Company, or another similar financial institution authorized to transact business in this state.
(7) "Internal Revenue Code" means the Internal Revenue Code of 1986.
(8) "Participant" means a designated beneficiary or the parent or custodian or other fiduciary of the beneficiary who has entered into a participation agreement under this subchapter.
(9) "Participation agreement" means an agreement between a participant and the board under this subchapter that conforms to the requirements prescribed by this subchapter.
(10) "Qualified disability expenses" means any expenses related to the eligible individual's blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, and includes expenses for education, housing, transportation, employment training and support, assistive technology and personal support services, health, prevention and wellness, financial management and administrative services, legal fees, oversight and monitoring, a funeral and burial, and other expenses approved under federal regulations adopted under Section 529A, Internal Revenue Code.
(11) "Texas ABLE savings plan account" means the Texas ABLE savings plan account created under Section 54.903.
Added by Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 2, eff. June 19, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 296 (S.B. 377), Sec. 1, eff. May 29, 2017.
Structure Texas Statutes
Subtitle A - Higher Education in General
Subchapter J. Texas Achieving a Better Life Experience (Able) Program
Section 54.901. Purposes of Program
Section 54.903. Creation of Program and Account; Administration
Section 54.904. Powers and Duties of Board
Section 54.9045. Collection of Fees
Section 54.905. Investment of Funds
Section 54.906. Treatment of Assets
Section 54.9065. Exclusion of Able Account Assets From Certain Benefit Eligibility Determinations
Section 54.907. Exemption From Securities Laws
Section 54.908. Participation Agreements
Section 54.9085. Encumbrance or Transfer of Account Prohibited
Section 54.909. Use of Fund Assets
Section 54.910. Designated Beneficiary
Section 54.911. Verification Under Oath
Section 54.914. Confidentiality of Records