74R7494 SMH-D
          By Kamel, Raymond                                     H.B. No. 1214
          Substitute the following for H.B. No. 1214:
          By Rangel                                         C.S.H.B. No. 1214
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment of a prepaid higher education tuition
    1-3  program.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 54, Education Code, is amended by adding
    1-6  Subchapter F to read as follows:
    1-7        SUBCHAPTER F.  PREPAID HIGHER EDUCATION TUITION PROGRAM
    1-8        Sec. 54.601.  DEFINITIONS.  In this subchapter:
    1-9              (1)  "Beneficiary" means a person who is entitled to
   1-10  receive benefits under a prepaid tuition contract.
   1-11              (2)  "Board" means the Prepaid Higher Education Tuition
   1-12  Board.
   1-13              (3)  "Fund" means the Texas tomorrow fund.
   1-14              (4)  "Institution of higher education" has the meaning
   1-15  assigned by Section 61.003.
   1-16              (5)  "Prepaid tuition contract" means a contract
   1-17  entered into under this subchapter by the board and a purchaser to
   1-18  provide for the payment of higher education tuition and required
   1-19  fees of a beneficiary.
   1-20              (6)  "Private or independent institution of higher
   1-21  education" has the meaning assigned by Section 61.003.
   1-22              (7)  "Program" means the prepaid higher education
   1-23  tuition program.
   1-24              (8)  "Public junior college" has the meaning assigned
    2-1  by Section 61.003.
    2-2              (9)  "Public senior college or university" has the
    2-3  meaning assigned by Section 61.003.
    2-4              (10)  "Purchaser" means a person who is obligated to
    2-5  make payments under a prepaid tuition contract.
    2-6        Sec. 54.602.  ESTABLISHMENT OF BOARD; FUNCTION.  (a)  The
    2-7  Prepaid Higher Education Tuition Board is in the office of the
    2-8  comptroller.
    2-9        (b)  The board shall administer the program.
   2-10        Sec. 54.603.  SUNSET PROVISION.  The Prepaid Higher Education
   2-11  Tuition Board is subject to Chapter 325, Government Code (Texas
   2-12  Sunset Act).  Unless continued in existence as provided by that
   2-13  chapter, the board is abolished and the program terminates
   2-14  September 1, 2007.
   2-15        Sec. 54.604.  TERMINATION OR MODIFICATION OF PROGRAM.  If the
   2-16  comptroller determines the program is financially infeasible, the
   2-17  comptroller shall notify the governor and the legislature and
   2-18  recommend that the program be modified or terminated.
   2-19        Sec. 54.605.  EFFECT OF TERMINATION OF PROGRAM ON CONTRACT.
   2-20  (a)  A prepaid tuition contract remains in effect after the program
   2-21  is terminated if, when the program is terminated, the beneficiary:
   2-22              (1)  has been accepted by or is enrolled in an
   2-23  institution of higher education or a private or independent
   2-24  institution of higher education; or
   2-25              (2)  is projected to graduate from high school not
   2-26  later than the third anniversary of the date the program is
   2-27  terminated.
    3-1        (b)  A prepaid tuition contract terminates when the program
    3-2  is terminated if the contract does not remain in effect under
    3-3  Subsection (a).
    3-4        Sec. 54.606.  MEMBERS OF BOARD; APPOINTMENT; TERMS OF OFFICE.
    3-5  (a)  The board consists of:
    3-6              (1)  the comptroller;
    3-7              (2)  two members appointed by the governor with the
    3-8  advice and consent of the senate; and
    3-9              (3)  four members appointed by the lieutenant governor,
   3-10  at least two of whom must be appointed from a list of persons
   3-11  recommended by the speaker of the house of representatives.
   3-12        (b)  The appointed members must possess knowledge, skill, and
   3-13  experience in higher education, business, or finance.
   3-14        (c)  The appointed members serve for staggered six-year
   3-15  terms.  The terms of one-third of the appointed members expire on
   3-16  February 1 of each odd-numbered year.
   3-17        Sec. 54.607.  DUTY IN RECOMMENDING, MAKING, OR CONFIRMING
   3-18  APPOINTMENTS.  (a)  In recommending, making, or confirming
   3-19  appointments to the board, the governor, lieutenant governor,
   3-20  speaker of the house of representatives, and senate shall ensure
   3-21  that each appointee has the background and experience suitable for
   3-22  performing the statutory responsibilities of a member of the board.
   3-23        (b)  Appointments to the board shall be made without regard
   3-24  to the race, color, disability, sex, religion, age, or national
   3-25  origin of the appointees.
   3-26        Sec. 54.608.  RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP,
   3-27  AND EMPLOYMENT.  (a)  A person is not eligible for appointment as a
    4-1  member of the board if the person or the person's spouse:
    4-2              (1)  is employed by or participates in the management
    4-3  of a business entity receiving funds from the board;
    4-4              (2)  owns or controls, directly or indirectly, more
    4-5  than a 10-percent interest in a business entity receiving funds
    4-6  from the board; or
    4-7              (3)  uses or receives a substantial amount of tangible
    4-8  goods, services, or funds from the board, other than compensation
    4-9  or reimbursement authorized by law for board membership,
   4-10  attendance, or expenses.
   4-11        (b)  An officer, employee, or paid consultant of a Texas
   4-12  trade association in the field of higher education may not be a
   4-13  member or employee of the board who is exempt from the state's
   4-14  position classification plan or is compensated at or above the
   4-15  amount prescribed by the General Appropriations Act for step 1,
   4-16  salary group 17, of the position classification salary schedule.
   4-17        (c)  A person who is the spouse of an officer, manager, or
   4-18  paid consultant of a Texas trade association in the field of higher
   4-19  education may not be a board member and may not be a board employee
   4-20  who is exempt from the state's position classification plan or is
   4-21  compensated at or above the amount prescribed by the General
   4-22  Appropriations Act for step 1, salary group 17, of the position
   4-23  classification salary schedule.
   4-24        (d)  A person may not serve as a member of the board or act
   4-25  as the general counsel to the board if the person is required to
   4-26  register as a lobbyist under Chapter 305, Government Code, because
   4-27  of the person's activities for compensation on behalf of a
    5-1  profession related to the operation of the board.
    5-2        (e)  A person may not serve as an appointed member of the
    5-3  board if the person is related in the second degree by affinity or
    5-4  consanguinity, as determined under Subchapter B, Chapter 573,
    5-5  Government Code, to a person who is an officer, employee, or paid
    5-6  consultant of a Texas trade association in the banking, securities,
    5-7  or investment industry.
    5-8        (f)  For the purposes of this section, a Texas trade
    5-9  association is a nonprofit, cooperative, and voluntarily joined
   5-10  association of business or professional competitors in this state
   5-11  designed to assist its members and its industry or profession in
   5-12  dealing with mutual business or professional problems and in
   5-13  promoting their common interest.
   5-14        Sec. 54.609.  REMOVAL OF BOARD MEMBER.  (a)  It is a ground
   5-15  for removal from the board if a member:
   5-16              (1)  violates a prohibition established by Section
   5-17  54.608;
   5-18              (2)  cannot because of illness or disability discharge
   5-19  the member's duties for a substantial part of the term for which
   5-20  the member is appointed; or
   5-21              (3)  is absent from more than half of the regularly
   5-22  scheduled board meetings that the member is eligible to attend
   5-23  during a calendar year unless the absence is excused by majority
   5-24  vote of the board.
   5-25        (b)  The validity of an action of the board is not affected
   5-26  by the fact that the action was taken when a ground for removal of
   5-27  a board member existed.
    6-1        Sec. 54.610.  TRAINING OF BOARD MEMBERS.  (a)  Before a
    6-2  member of the board may assume the member's duties and before an
    6-3  appointed member may be confirmed by the senate, the member must
    6-4  complete at least one course of the training program established
    6-5  under this section.
    6-6        (b)  A training program established under this section shall
    6-7  provide information to the member regarding:
    6-8              (1)  the enabling legislation that created the board;
    6-9              (2)  the programs operated by the board;
   6-10              (3)  the role and functions of the board;
   6-11              (4)  the rules of the board, with an emphasis on the
   6-12  rules that relate to disciplinary and investigatory authority;
   6-13              (5)  the current budget for the board;
   6-14              (6)  the results of the most recent formal audit of the
   6-15  board;
   6-16              (7)  the requirements of the:
   6-17                    (A)  open meetings law, Chapter 551, Government
   6-18  Code;
   6-19                    (B)  open records law, Chapter 552, Government
   6-20  Code; and
   6-21                    (C)  administrative procedure law, Chapter 2001,
   6-22  Government Code;
   6-23              (8)  the requirements of the conflict of interest laws
   6-24  and other laws relating to public officials; and
   6-25              (9)  any applicable ethics policies adopted by the
   6-26  board or the Texas Ethics Commission.
   6-27        Sec. 54.611.  BOARD OFFICERS.  (a)  The comptroller serves as
    7-1  the presiding officer of the board.
    7-2        (b)  The board shall appoint a secretary of the board whose
    7-3  duties may be prescribed by law and by the board.
    7-4        Sec. 54.612.  COMPENSATION AND EXPENSES OF APPOINTED BOARD
    7-5  MEMBERS.  Appointed members of the board shall serve without pay
    7-6  but shall be reimbursed for their actual expenses incurred in
    7-7  attending meetings of the board or in performing other work of the
    7-8  board when that work is approved by the presiding officer of the
    7-9  board.
   7-10        Sec. 54.613.  MEETINGS.  (a)  The board shall hold regular
   7-11  quarterly meetings in the city of Austin and other meetings at
   7-12  places and times scheduled by the board in formal sessions and
   7-13  called by the presiding officer.
   7-14        (b)  The board shall develop and implement policies that
   7-15  provide the public with a reasonable opportunity to appear before
   7-16  the board and to speak on any issue under the jurisdiction of the
   7-17  board.
   7-18        (c)  Minutes of all meetings shall be available in the
   7-19  board's office for public inspection.
   7-20        Sec. 54.614.  APPLICABILITY OF OPEN MEETINGS LAW AND
   7-21  ADMINISTRATIVE PROCEDURE LAW.  The board is subject to the open
   7-22  meetings law, Chapter 551, Government Code, and the administrative
   7-23  procedure law, Chapter 2001, Government Code.
   7-24        Sec. 54.615.  EXECUTIVE DIRECTOR; STAFF.  (a)  The
   7-25  comptroller serves as the executive director of the board.
   7-26        (b)  The employees of the comptroller selected by the
   7-27  comptroller for that purpose serve as the staff of the board.
    8-1        (c)  The comptroller shall select and supervise the staff of
    8-2  the board and perform other duties delegated to the comptroller by
    8-3  the board.
    8-4        (d)  The comptroller shall provide to members of the board
    8-5  and to board staff, as often as necessary, information regarding
    8-6  their qualifications for office or employment under this subchapter
    8-7  and their responsibilities under applicable laws relating to
    8-8  standards of conduct for state officers or employees.
    8-9        (e)  The board shall develop and implement policies that
   8-10  clearly separate the policy-making responsibilities of the board
   8-11  and the management responsibilities of the comptroller and the
   8-12  staff of the board.
   8-13        Sec. 54.616.  PROGRAM AND FACILITY ACCESSIBILITY.  (a)  The
   8-14  board shall comply with federal and state laws related to program
   8-15  and facility accessibility.
   8-16        (b)  The board shall prepare and maintain a written plan that
   8-17  describes how a person who does not speak English can be provided
   8-18  reasonable access to the board's programs and services.
   8-19        Sec. 54.617.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.
   8-20  (a)  The board shall prepare information of public interest
   8-21  describing the functions of the board and the board's procedures by
   8-22  which complaints are filed with and resolved by the board.  The
   8-23  board shall make the information available to the public and
   8-24  appropriate state agencies.
   8-25        (b)  The board by rule shall establish methods by which
   8-26  consumers and service recipients are notified of the name, mailing
   8-27  address, and telephone number of the board for the purpose of
    9-1  directing complaints to the board.
    9-2        (c)  The board shall keep information about each complaint
    9-3  filed with the board.  The information shall include:
    9-4              (1)  the date the complaint is received;
    9-5              (2)  the name of the complainant;
    9-6              (3)  the subject matter of the complaint;
    9-7              (4)  a record of all persons contacted in relation to
    9-8  the complaint;
    9-9              (5)  a summary of the results of the review or
   9-10  investigation of the complaint; and
   9-11              (6)  for complaints for which the board took no action,
   9-12  an explanation of the reason the complaint was closed without
   9-13  action.
   9-14        (d)  The board shall keep a file for each written complaint
   9-15  filed with the board that the board has authority to resolve.  The
   9-16  board shall provide to the person filing the complaint and the
   9-17  persons or entities complained about the board's policies and
   9-18  procedures pertaining to complaint investigation and resolution.
   9-19  The board, at least quarterly and until final disposition of the
   9-20  complaint, shall notify the person filing the complaint and the
   9-21  persons or entities complained about of the status of the complaint
   9-22  unless the notice would jeopardize an undercover investigation.
   9-23        Sec. 54.618.  POWERS OF BOARD.  (a)  The board has the powers
   9-24  necessary or proper to carry out this subchapter.
   9-25        (b)  The board may:
   9-26              (1)  adopt an official seal;
   9-27              (2)  adopt rules to implement this subchapter;
   10-1              (3)  sue and be sued;
   10-2              (4)  enter into contracts and other necessary
   10-3  instruments;
   10-4              (5)  enter into agreements or other transactions with
   10-5  the United States, state agencies, including institutions of higher
   10-6  education, and local governments;
   10-7              (6)  appear in its own behalf before governmental
   10-8  agencies;
   10-9              (7)  contract for necessary goods and services and
  10-10  engage the services of private consultants, actuaries, trustees,
  10-11  records administrators, managers, legal counsel, and auditors for
  10-12  administrative or technical assistance;
  10-13              (8)  solicit and accept gifts, grants, loans, and other
  10-14  aid from any source or participate in any other way in any
  10-15  government program to carry out this subchapter;
  10-16              (9)  impose administrative fees;
  10-17              (10)  contract with a person to market the program;
  10-18              (11)  purchase liability insurance covering the board
  10-19  and employees and agents of the board; and
  10-20              (12)  establish other policies, procedures, and
  10-21  eligibility criteria to implement this subchapter.
  10-22        Sec. 54.619.  PREPAID HIGHER EDUCATION TUITION PROGRAM.  (a)
  10-23  Under the program, a purchaser may enter into a prepaid tuition
  10-24  contract with the board under which the purchaser agrees to prepay
  10-25  the tuition and required fees for a beneficiary to attend an
  10-26  institution of higher education.
  10-27        (b)  The board shall deposit the money paid under a prepaid
   11-1  tuition contract in the fund, invest the money and credit the
   11-2  income earned to the fund, and apply money in the fund to the
   11-3  tuition and required fees of the institution of higher education in
   11-4  which the beneficiary enrolls as provided by the prepaid tuition
   11-5  contract.
   11-6        (c)  If there is not enough money in the fund to pay the
   11-7  tuition and required fees of the institution of higher education in
   11-8  which a beneficiary enrolls as provided by the prepaid tuition
   11-9  contract, the legislature shall appropriate to the fund the amount
  11-10  necessary for the board to pay the tuition and required fees of the
  11-11  institution.
  11-12        (d)  If the beneficiary enrolls in a private or independent
  11-13  institution of higher education, the board shall pay the
  11-14  institution the tuition and required fees the board would have paid
  11-15  had the student enrolled in an institution of higher education
  11-16  covered by the plan selected in the prepaid tuition contract.  The
  11-17  beneficiary is responsible for paying the private or independent
  11-18  institution of higher education the amount by which the tuition and
  11-19  required fees of the institution exceed the tuition and required
  11-20  fees paid by the board.
  11-21        Sec. 54.620.  PREPAID TUITION CONTRACT.  (a)  The board may
  11-22  contract with a purchaser for the purchaser to prepay the tuition
  11-23  and required fees for a beneficiary to attend an institution of
  11-24  higher education to which the beneficiary is admitted as a student.
  11-25        (b)  The terms of a prepaid tuition contract shall be based
  11-26  on an actuarial analysis of:
  11-27              (1)  tuition growth rates;
   12-1              (2)  expected investment returns; and
   12-2              (3)  estimated administrative costs.
   12-3        (c)  The board shall adopt a form for a prepaid tuition
   12-4  contract to be used by the board and purchasers.
   12-5        (d)  A prepaid tuition contract must:
   12-6              (1)  specify the amount and number of payments required
   12-7  from the purchaser on behalf of the beneficiary;
   12-8              (2)  specify the terms under which the purchaser shall
   12-9  make payments, including the date on which each payment is due;
  12-10              (3)  specify the consequences of default;
  12-11              (4)  specify the name and date of birth of the
  12-12  beneficiary of the contract and the terms under which another
  12-13  person may be substituted as the beneficiary;
  12-14              (5)  specify the number of credit hours contracted by
  12-15  the purchaser;
  12-16              (6)  specify the type of plan toward which the
  12-17  contracted credit hours shall be applied;
  12-18              (7)  contain an assumption of a contractual obligation
  12-19  by the board to the beneficiary to provide for a specified number
  12-20  of credit hours of undergraduate instruction at an institution of
  12-21  higher education, not to exceed the typical number of credit hours
  12-22  required for the degree that corresponds to the plan purchased on
  12-23  behalf of the beneficiary;
  12-24              (8)  specify the date the beneficiary is projected to
  12-25  graduate from high school; and
  12-26              (9)  contain any other provisions the board considers
  12-27  necessary or appropriate.
   13-1        (e)  A prepaid tuition contract does not cover the cost of
   13-2  laboratory fees charged for specific courses.
   13-3        Sec. 54.621.  BENEFICIARY.  (a)  The beneficiary of a prepaid
   13-4  tuition contract must be younger than 18 years of age at the time
   13-5  the purchaser enters into the contract and must be:
   13-6              (1)  a resident of this state at the time the purchaser
   13-7  enters into the contract; or
   13-8              (2)  a nonresident who is the child of a parent who is
   13-9  a resident of this state at the time that parent enters into the
  13-10  contract.
  13-11        (b)  The board may require a reasonable period of residence
  13-12  in this state for a beneficiary or the parent of a beneficiary.
  13-13        (c)  A beneficiary is considered a resident for purposes of
  13-14  tuition regardless of the beneficiary's residence on the date of
  13-15  enrollment.
  13-16        Sec. 54.622.  TYPES OF PLANS.  The board shall make prepaid
  13-17  tuition contracts available for the:
  13-18              (1)  junior college plan;
  13-19              (2)  senior college plan; and
  13-20              (3)  junior-senior college plan.
  13-21        Sec. 54.623.  JUNIOR COLLEGE PLAN.  Through the junior
  13-22  college plan, a prepaid tuition contract shall provide prepaid
  13-23  tuition and required fees for the beneficiary to attend a public
  13-24  junior college for a specified number of undergraduate credit hours
  13-25  not to exceed the typical number of hours required for a
  13-26  certificate or an associate degree awarded by a public junior
  13-27  college.
   14-1        Sec. 54.624.  SENIOR COLLEGE PLAN.  Through the senior
   14-2  college plan, a prepaid tuition contract shall provide prepaid
   14-3  tuition and required fees for the beneficiary to attend a public
   14-4  senior college or university for a specified number of
   14-5  undergraduate credit hours not to exceed the typical number of
   14-6  hours required for a baccalaureate degree awarded by a public
   14-7  senior college or university.
   14-8        Sec. 54.625.  JUNIOR-SENIOR COLLEGE PLAN.  Through the
   14-9  junior-senior college plan, a prepaid tuition contract shall
  14-10  provide prepaid tuition and required fees for the beneficiary to
  14-11  attend:
  14-12              (1)  a public junior college for a specified number of
  14-13  undergraduate credit hours not to exceed the typical number of
  14-14  hours required for a person to receive a certificate or associate
  14-15  degree awarded by a public junior college; and
  14-16              (2)  a public senior college or university for a
  14-17  specified number of credit hours not to exceed the typical number
  14-18  of additional hours required for the person to receive a
  14-19  baccalaureate degree awarded by a public senior college or
  14-20  university.
  14-21        Sec. 54.626.  CONTRACT PAYMENT.  (a)  The board may provide
  14-22  for the receipt of payments under prepaid tuition contracts in lump
  14-23  sums or installment payments.
  14-24        (b)  A purchaser may make payments under a prepaid tuition
  14-25  contract by electronic funds transfer.
  14-26        (c)  An employee of the state or a political subdivision of
  14-27  the state may make payments under a prepaid tuition contract by
   15-1  payroll deductions made by the appropriate officer of the state or
   15-2  political subdivision.
   15-3        (d)  The board may impose a fee for a late payment under a
   15-4  prepaid tuition contract.
   15-5        Sec. 54.627.  CHANGE OF BENEFICIARY.  (a)  The purchaser of a
   15-6  prepaid tuition contract may designate a new beneficiary instead of
   15-7  the original beneficiary if the new beneficiary meets the
   15-8  requirements of a beneficiary on the date the designation is
   15-9  changed.  If the purchaser is an individual, the new beneficiary
  15-10  must be a sibling, step-sibling, or half-sibling of the original
  15-11  beneficiary.
  15-12        (b)  The board may adjust the terms of the contract so that
  15-13  the purchaser is required to pay the amount the purchaser would
  15-14  have been required to pay had the purchaser originally designated
  15-15  the new beneficiary as the beneficiary, taking into account any
  15-16  payments made before the date the designation is changed.
  15-17        Sec. 54.628.  CONVERSION TO ANOTHER PLAN.  (a)  A purchaser
  15-18  may convert a prepaid tuition contract from one plan to another
  15-19  plan.
  15-20        (b)  The board may adjust the terms of the contract so that
  15-21  the purchaser is required to pay the amount required under the plan
  15-22  to which the contract is converted, taking into account any
  15-23  payments made before the date the contract is converted.
  15-24        Sec. 54.629.  VERIFICATION UNDER OATH.  The board may require
  15-25  a purchaser to verify under oath a request to:
  15-26              (1)  change a beneficiary;
  15-27              (2)  convert a contract to another plan; or
   16-1              (3)  terminate a contract.
   16-2        Sec. 54.630.  PROMISE OR GUARANTEE OF ADMISSION.  This
   16-3  subchapter is not a promise or guarantee that a beneficiary will
   16-4  be:
   16-5              (1)  admitted to any institution of higher education;
   16-6              (2)  admitted to a particular institution of higher
   16-7  education;
   16-8              (3)  allowed to continue enrollment at an institution
   16-9  of higher education after admission; or
  16-10              (4)  graduated from an institution of higher education.
  16-11        Sec. 54.631.  CONTRACT TERMINATION.  (a)  A prepaid tuition
  16-12  contract shall specify:
  16-13              (1)  the name of any person who may terminate the
  16-14  contract; and
  16-15              (2)  the terms under which the contract may be
  16-16  terminated.
  16-17        (b)  A prepaid tuition contract terminates if:
  16-18              (1)  the purchaser:
  16-19                    (A)  gives notice of termination; or
  16-20                    (B)  defaults on the contract; or
  16-21              (2)  the beneficiary:
  16-22                    (A)  dies;
  16-23                    (B)  becomes permanently and totally disabled;
  16-24                    (C)  is denied admission by each institution of
  16-25  higher education to which the beneficiary applies; or
  16-26                    (D)  enrolls in an institution of higher
  16-27  education but does not graduate from the institution on or before
   17-1  the 10th anniversary of the projected date of graduation from that
   17-2  institution, not counting time spent by the beneficiary as an
   17-3  active duty member of the United States armed services.
   17-4        Sec. 54.632.  REFUND.  (a)  A prepaid tuition contract shall
   17-5  specify:
   17-6              (1)  the name of the person entitled to any refund if
   17-7  the contract is terminated; and
   17-8              (2)  the terms under which a person is entitled to a
   17-9  refund.
  17-10        (b)  The person named in the contract is entitled to a refund
  17-11  following termination of a prepaid tuition contract.
  17-12        (c)  The amount of the refund is the sum of the payments made
  17-13  under the prepaid tuition contract, together with five percent
  17-14  interest on each payment accruing from the date the payment is
  17-15  received to the date the refund is paid, multiplied by a fraction,
  17-16  the numerator of which is the number of credit hours remaining
  17-17  under the contract and the denominator of which is the number of
  17-18  credit hours originally covered by the contract.
  17-19        Sec. 54.633.  PREPAID HIGHER EDUCATION TUITION SCHOLARSHIPS
  17-20  FOR NEEDY STUDENTS.  (a)  To the extent money is available, the
  17-21  board may award a prepaid higher education tuition scholarship to a
  17-22  student who meets economic and academic requirements adopted by the
  17-23  board by rule.
  17-24        (b)  A scholarship awarded under this section terminates if
  17-25  the student to whom the scholarship is awarded is:
  17-26              (1)  convicted of, or adjudicated as having engaged in
  17-27  delinquent conduct constituting, an offense under Chapter 481,
   18-1  Health and Safety Code; or
   18-2              (2)  convicted of, or adjudicated as having engaged in
   18-3  delinquent conduct constituting, a felony or Class A misdemeanor.
   18-4        (c)  The board shall ensure that each region of the state is
   18-5  equitably represented in the awarding of scholarships under this
   18-6  section.
   18-7        (d)  Scholarships under this section are funded by the
   18-8  private sector, the United States, and this state.  The legislature
   18-9  may appropriate an amount for the scholarships not to exceed the
  18-10  amount provided by the private sector and the United States.
  18-11        (e)  The board may establish a direct-support organization
  18-12  under the Texas Non-Profit Corporation Act (Article 1396-1.01 et
  18-13  seq., Vernon's Texas Civil Statutes) to:
  18-14              (1)  receive, hold, invest, and administer money,
  18-15  gifts, grants, loans, or other property for or on behalf of the
  18-16  program; and
  18-17              (2)  purchase scholarships under this section.
  18-18        (f)  The board of directors of the direct-support
  18-19  organization consists of:
  18-20              (1)  the comptroller;
  18-21              (2)  a member appointed by the governor with the advice
  18-22  and consent of the senate; and
  18-23              (3)  three members appointed jointly by the comptroller
  18-24  and the member appointed by the governor.
  18-25        (g)  The board must certify that the direct-support
  18-26  organization operates in a manner consistent with the goals of this
  18-27  state and in the best interests of this state.
   19-1        (h)  The board may contract with an independent certified
   19-2  public accountant to annually audit the direct-support organization
   19-3  under rules adopted by the board.  The board shall submit the audit
   19-4  to the comptroller, governor, lieutenant governor, speaker of the
   19-5  house of representatives, Legislative Budget Board, Legislative
   19-6  Audit Committee, state auditor, and Texas Higher Education
   19-7  Coordinating Board.  The comptroller or state auditor may require
   19-8  the direct-support organization or independent certified public
   19-9  accountant to provide additional information relating to the
  19-10  operation of the organization.
  19-11        (i)  The identity of a donor under this section who desires
  19-12  to remain anonymous and the records of the direct-support
  19-13  organization, other than the records disclosed under Subsection
  19-14  (h), are confidential.
  19-15        Sec. 54.634.  ESTABLISHMENT OF FUND.  (a)  The Texas tomorrow
  19-16  fund is outside the state treasury.  The fund consists of:
  19-17              (1)  state appropriations for purposes of the fund;
  19-18              (2)  money acquired from other governmental or private
  19-19  sources;
  19-20              (3)  money paid under prepaid tuition contracts; and
  19-21              (4)  the income from money deposited in the fund.
  19-22        (b)  The board shall administer the assets of the fund.  The
  19-23  board is the trustee of the fund's assets.
  19-24        (c)  The board may:
  19-25              (1)  segregate contributions and payments to the fund
  19-26  into various accounts; and
  19-27              (2)  acquire, hold, manage, purchase, sell, assign,
   20-1  trade, transfer, and dispose of any security, evidence of
   20-2  indebtedness, or other investment in which the fund's assets may be
   20-3  invested.
   20-4        Sec. 54.635.  STATE TREASURER.  (a)  Except as provided by
   20-5  Subsections (d) and (e), the state treasurer is the custodian of
   20-6  the assets of the fund.
   20-7        (b)  The state treasurer shall pay money from the fund on a
   20-8  warrant drawn by the comptroller supported only on a voucher signed
   20-9  by the comptroller or the comptroller's authorized representative.
  20-10        (c)  The state treasurer annually shall furnish to the board
  20-11  a sworn statement of the amount of the fund's assets in the
  20-12  treasurer's custody.
  20-13        (d)  The board may select one or more commercial banks,
  20-14  depository trust companies, or other entities to serve as custodian
  20-15  of all or part of the fund's assets.
  20-16        (e)  If the office of the state treasurer is abolished, the
  20-17  comptroller is the custodian of the assets of the fund.
  20-18        Sec. 54.636.  INVESTMENT OF FUND ASSETS.  (a)  The board
  20-19  shall invest the assets of the fund.
  20-20        (b)  The board may contract with private professional
  20-21  investment managers to assist the board in investing the assets of
  20-22  the fund.
  20-23        (c)  The board shall develop written investment objectives
  20-24  concerning the investment of the assets of the fund.  The
  20-25  objectives may address desired rates of return, risks involved,
  20-26  investment time frames, and any other relevant considerations.
  20-27        (d)  The comptroller shall develop a comprehensive plan for
   21-1  the investment of the assets of the fund consistent with the
   21-2  objectives developed by the board under Subsection (c).  The plan
   21-3  shall specify the policies under which the board shall invest the
   21-4  assets of the fund.  The board must approve the plan.
   21-5        (e)  The assets of the fund may be invested only in:
   21-6              (1)  investments authorized by Section 404.024,
   21-7  Government Code;
   21-8              (2)  corporate debt obligations that have received one
   21-9  of the two highest credit ratings by at least two nationally
  21-10  recognized rating services;
  21-11              (3)  preferred stocks;
  21-12              (4)  common stocks traded on the New York Stock
  21-13  Exchange;
  21-14              (5)  institutional investment products, including fixed
  21-15  annuities, variable annuities, and guaranteed insurance contracts
  21-16  that are obligations of United States insurance companies; and
  21-17              (6)  mutual funds regulated by the Securities and
  21-18  Exchange Commission.
  21-19        (f)  In investing the assets of the fund, the board shall
  21-20  exercise the judgment and care, under the circumstances prevailing
  21-21  at the time of the investment, that persons of ordinary prudence,
  21-22  discretion, and intelligence exercise in the management of their
  21-23  own affairs, not in speculation but when making a permanent
  21-24  disposition of their money, considering the probable income from
  21-25  the disposition and the probable safety of their capital.
  21-26        Sec. 54.637.  USE OF FUND ASSETS.  The assets of the fund may
  21-27  be used only to:
   22-1              (1)  pay the costs of program administration and
   22-2  operations;
   22-3              (2)  make payments to institutions of higher education
   22-4  on behalf of beneficiaries; and
   22-5              (3)  make refunds under prepaid tuition contracts.
   22-6        Sec. 54.638.  REQUEST OF RULINGS FROM INTERNAL REVENUE
   22-7  SERVICE AND SECURITIES AND EXCHANGE COMMISSION.  (a)  The board
   22-8  shall request rulings from:
   22-9              (1)  the Internal Revenue Service regarding the tax
  22-10  consequences to purchasers and beneficiaries of participating in
  22-11  the program; and
  22-12              (2)  the Securities and Exchange Commission regarding
  22-13  the application of federal securities laws to the fund.
  22-14        (b)  The board shall inform a purchaser of the status of the
  22-15  requests under Subsection (a) before the purchaser enters into a
  22-16  prepaid tuition contract.
  22-17        Sec. 54.639.  EXEMPTION FROM CREDITORS' CLAIMS.  Money in the
  22-18  fund is exempt from claims of creditors of a purchaser or
  22-19  beneficiary.
  22-20        Sec. 54.640.  ACTUARIAL SOUNDNESS OF FUND.  (a)  The board
  22-21  shall administer the fund in a manner that is sufficiently
  22-22  actuarially sound to pay the costs of program administration and
  22-23  operations and meet the obligations of the program.
  22-24        (b)  The board shall annually evaluate the actuarial
  22-25  soundness of the fund.
  22-26        (c)  The board may adjust the terms of subsequent prepaid
  22-27  tuition contracts as necessary to ensure the actuarial soundness of
   23-1  the fund.
   23-2        Sec. 54.641.  STATEMENT REGARDING STATUS OF PREPAID TUITION
   23-3  CONTRACT.  (a)  Not later than December 1 of each year, the board
   23-4  shall furnish without charge to each purchaser a statement of:
   23-5              (1)  the amount paid by the purchaser under the prepaid
   23-6  tuition contract;
   23-7              (2)  the number of credit hours originally covered by
   23-8  the contract;
   23-9              (3)  the number of credit hours remaining under the
  23-10  contract;
  23-11              (4)  the amount of the refund to which the person
  23-12  designated by the contract would be entitled if the contract were
  23-13  terminated on the date of the statement; and
  23-14              (5)  any other information the board determines by rule
  23-15  is necessary or appropriate.
  23-16        (b)  The board shall furnish a statement complying with
  23-17  Subsection (a) to a purchaser or beneficiary on written request.
  23-18  The board may charge a reasonable fee for each statement furnished
  23-19  under this subsection.
  23-20        Sec. 54.642.  REPORTS.  (a)  Not later than December 1 of
  23-21  each year, the board shall submit to the governor, lieutenant
  23-22  governor, speaker of the house of representatives, Legislative
  23-23  Budget Board, Legislative Audit Committee, state auditor, and Texas
  23-24  Higher Education Coordinating Board a report including:
  23-25              (1)  the board's fiscal transactions during the
  23-26  preceding fiscal year;
  23-27              (2)  the market and book value of the fund as of the
   24-1  end of the preceding fiscal year;
   24-2              (3)  the asset allocations of the fund expressed in
   24-3  percentages of stocks, fixed income, cash, or other financial
   24-4  investments;
   24-5              (4)  the rate of return on the investment of the fund's
   24-6  assets during the preceding fiscal year; and
   24-7              (5)  an actuarial valuation of the assets and
   24-8  liabilities of the program, including the extent to which the
   24-9  program's liabilities are unfunded.
  24-10        (b)  The board shall make the report described by Subsection
  24-11  (a) available to purchasers of prepaid tuition contracts.
  24-12        (c)  Not later than December 1 of each year, the board shall
  24-13  provide to the Texas Higher Education Coordinating Board complete
  24-14  prepaid tuition contract sales information, including projected
  24-15  enrollments of beneficiaries at institutions of higher education.
  24-16        Sec. 54.643.  CONFIDENTIALITY.  (a)  Records in the custody
  24-17  of the board relating to the participation of specific purchasers
  24-18  and beneficiaries in the program are confidential.
  24-19        (b)  Notwithstanding Subsection (a), the board may release
  24-20  information described by that subsection to an institution of
  24-21  higher education in which a beneficiary may enroll or is enrolled.
  24-22  The institution of higher education shall keep the information
  24-23  confidential.
  24-24        SECTION 2.  (a)  As soon as possible on or after the
  24-25  effective date of this Act, the governor and lieutenant governor
  24-26  shall appoint the members of the Prepaid Higher Education Tuition
  24-27  Board appointed by those officers.  In making the appointments, the
   25-1  governor shall designate one member for a term expiring February 1,
   25-2  1997, and one member for a term expiring February 1, 1999.  In
   25-3  making the appointments, the lieutenant governor shall designate
   25-4  one member for a term expiring February 1, 1997, one member
   25-5  appointed from a list of persons recommended by the speaker of the
   25-6  house of representatives for a term expiring February 1, 1999, and
   25-7  two members for terms expiring February 1, 2001, one of whom must
   25-8  be appointed from a list of persons recommended by the speaker of
   25-9  the house of representatives.
  25-10        (b)  The legislature may appropriate to the board an amount
  25-11  sufficient to cover the board's administrative costs for the state
  25-12  fiscal biennium ending August 31, 1997.
  25-13        (c)  The board shall be prepared to enter into a prepaid
  25-14  tuition contract not later than the 90th day after the date all the
  25-15  members are appointed or January 1, 1996, whichever occurs later.
  25-16        SECTION 3.  This Act takes effect September 1, 1995.
  25-17        SECTION 4.  The importance of this legislation and the
  25-18  crowded condition of the calendars in both houses create an
  25-19  emergency and an imperative public necessity that the
  25-20  constitutional rule requiring bills to be read on three several
  25-21  days in each house be suspended, and this rule is hereby suspended.