By Barrientos                                         S.B. No. 1539
       74R3068 SMH-D
                                 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 prepaid higher education tuition
   1-14  trust fund.
   1-15              (4)  "Institution of higher education" has the meaning
   1-16  assigned by Section 61.003.
   1-17              (5)  "Prepaid tuition contract" means a contract
   1-18  entered into under this subchapter by the board and a purchaser to
   1-19  provide for the payment of higher education tuition and required
   1-20  fees of a beneficiary.
   1-21              (6)  "Private or independent institution of higher
   1-22  education" has the meaning assigned by Section 61.003.
   1-23              (7)  "Program" means the prepaid higher education
   1-24  tuition program.
    2-1              (8)  "Public junior college" has the meaning assigned
    2-2  by Section 61.003.
    2-3              (9)  "Public senior college or university" has the
    2-4  meaning assigned by Section 61.003.
    2-5              (10)  "Purchaser" means a person who is obligated to
    2-6  make payments under a prepaid tuition contract.
    2-7        Sec. 54.602.  ESTABLISHMENT OF BOARD; FUNCTION.  (a)  The
    2-8  Prepaid Higher Education Tuition Board is an agency of the state.
    2-9  The board shall maintain its office in Austin.
   2-10        (b)  The board shall administer the program.
   2-11        Sec. 54.603.  SUNSET PROVISION.  (a)  The Prepaid Higher
   2-12  Education Tuition Board is subject to Chapter 325, Government Code
   2-13  (Texas Sunset Act).  Unless continued in existence as provided by
   2-14  that chapter, the board is abolished and this subchapter expires
   2-15  September 1, 2007.
   2-16        (b)  If the board is abolished and this subchapter expires as
   2-17  provided by Subsection (a), the board shall refund to the purchaser
   2-18  of each prepaid tuition contract the amount provided by Section
   2-19  54.630(c).
   2-20        Sec. 54.604.  MEMBERS OF BOARD; APPOINTMENT; TERMS OF OFFICE.
   2-21  (a)  The board consists of:
   2-22              (1)  the comptroller;
   2-23              (2)  two members appointed by the governor with the
   2-24  advice and consent of the senate; and
   2-25              (3)  four members appointed by the lieutenant governor,
   2-26  at least two of whom must be appointed from a list of persons
   2-27  recommended by the speaker of the house of representatives.
    3-1        (b)  The appointed members must possess knowledge, skill, and
    3-2  experience in higher education, business, or finance.
    3-3        (c)  The appointed members serve for staggered six-year
    3-4  terms.  The terms of one-third of the appointed members expire on
    3-5  February 1 of each odd-numbered year.
    3-6        Sec. 54.605.  DUTY IN RECOMMENDING, MAKING, OR CONFIRMING
    3-7  APPOINTMENTS.  (a)  In recommending, making, or confirming
    3-8  appointments to the board, the governor, lieutenant governor,
    3-9  speaker of the house of representatives, and senate shall ensure
   3-10  that each appointee has the background and experience suitable for
   3-11  performing the statutory responsibilities of a member of the board.
   3-12        (b)  Appointments to the board shall be made without regard
   3-13  to the race, color, disability, sex, religion, age, or national
   3-14  origin of the appointees.
   3-15        Sec. 54.606.  RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP,
   3-16  AND EMPLOYMENT.  (a)  A person is not eligible for appointment as a
   3-17  member of the board if the person or the person's spouse:
   3-18              (1)  is employed by or participates in the management
   3-19  of a business entity receiving funds from the board;
   3-20              (2)  owns or controls, directly or indirectly, more
   3-21  than a 10-percent interest in a business entity receiving funds
   3-22  from the board; or
   3-23              (3)  uses or receives a substantial amount of tangible
   3-24  goods, services, or funds from the board, other than compensation
   3-25  or reimbursement authorized by law for board membership,
   3-26  attendance, or expenses.
   3-27        (b)  An officer, employee, or paid consultant of a Texas
    4-1  trade association in the field of higher education may not be a
    4-2  member or employee of the board who is exempt from the state's
    4-3  position classification plan or is compensated at or above the
    4-4  amount prescribed by the General Appropriations Act for step 1,
    4-5  salary group 17, of the position classification salary schedule.
    4-6        (c)  A person who is the spouse of an officer, manager, or
    4-7  paid consultant of a Texas trade association in the field of higher
    4-8  education may not be a board member and may not be a board employee
    4-9  who is exempt from the state's position classification plan or is
   4-10  compensated at or above the amount prescribed by the General
   4-11  Appropriations Act for step 1, salary group 17, of the position
   4-12  classification salary schedule.
   4-13        (d)  A person may not serve as a member of the board or act
   4-14  as the general counsel to the board if the person is required to
   4-15  register as a lobbyist under Chapter 305, Government Code, because
   4-16  of the person's activities for compensation on behalf of a
   4-17  profession related to the operation of the board.
   4-18        (e)  For the purposes of this section, a Texas trade
   4-19  association is a nonprofit, cooperative, and voluntarily joined
   4-20  association of business or professional competitors in this state
   4-21  designed to assist its members and its industry or profession in
   4-22  dealing with mutual business or professional problems and in
   4-23  promoting their common interest.
   4-24        Sec. 54.607.  REMOVAL OF BOARD MEMBER.  (a)  It is a ground
   4-25  for removal from the board if a member:
   4-26              (1)  violates a prohibition established by Section
   4-27  54.606;
    5-1              (2)  cannot because of illness or disability discharge
    5-2  the member's duties for a substantial part of the term for which
    5-3  the member is appointed; or
    5-4              (3)  is absent from more than half of the regularly
    5-5  scheduled board meetings that the member is eligible to attend
    5-6  during a calendar year unless the absence is excused by majority
    5-7  vote of the board.
    5-8        (b)  The validity of an action of the board is not affected
    5-9  by the fact that the action was taken when a ground for removal of
   5-10  a board member existed.
   5-11        (c)  If the executive director has knowledge that a potential
   5-12  ground for removal exists, the executive director shall notify the
   5-13  presiding officer of the board of the potential ground.  The
   5-14  presiding officer shall then notify the governor and the attorney
   5-15  general that a potential ground for removal exists.  If the
   5-16  potential ground for removal involves the presiding officer, the
   5-17  executive director shall notify the next highest officer of the
   5-18  board, who shall notify the governor and the attorney general that
   5-19  a potential ground for removal exists.
   5-20        Sec. 54.608.  TRAINING OF BOARD MEMBERS.  (a)  Before a
   5-21  member of the board may assume the member's duties and before an
   5-22  appointed member may be confirmed by the senate, the member must
   5-23  complete at least one course of the training program established
   5-24  under this section.
   5-25        (b)  A training program established under this section shall
   5-26  provide information to the member regarding:
   5-27              (1)  the enabling legislation that created the board;
    6-1              (2)  the programs operated by the board;
    6-2              (3)  the role and functions of the board;
    6-3              (4)  the rules of the board, with an emphasis on the
    6-4  rules that relate to disciplinary and investigatory authority;
    6-5              (5)  the current budget for the board;
    6-6              (6)  the results of the most recent formal audit of the
    6-7  board;
    6-8              (7)  the requirements of the:
    6-9                    (A)  open meetings law, Chapter 551, Government
   6-10  Code;
   6-11                    (B)  open records law, Chapter 552, Government
   6-12  Code; and
   6-13                    (C)  administrative procedure law, Chapter 2001,
   6-14  Government Code;
   6-15              (8)  the requirements of the conflict of interest laws
   6-16  and other laws relating to public officials; and
   6-17              (9)  any applicable ethics policies adopted by the
   6-18  board or the Texas Ethics Commission.
   6-19        Sec. 54.609.  BOARD OFFICERS.  (a)  The comptroller serves as
   6-20  the presiding officer of the board.
   6-21        (b)  The board shall appoint a secretary of the board whose
   6-22  duties may be prescribed by law and by the board.
   6-23        Sec. 54.610.  COMPENSATION AND EXPENSES OF APPOINTED BOARD
   6-24  MEMBERS.  Appointed members of the board shall serve without pay
   6-25  but shall be reimbursed for their actual expenses incurred in
   6-26  attending meetings of the board or in performing other work of the
   6-27  board when that work is approved by the presiding officer of the
    7-1  board.
    7-2        Sec. 54.611.  MEETINGS.  (a)  The board shall hold regular
    7-3  quarterly meetings in the city of Austin and other meetings at
    7-4  places and times scheduled by the board in formal sessions and
    7-5  called by the presiding officer.
    7-6        (b)  The board shall develop and implement policies that
    7-7  provide the public with a reasonable opportunity to appear before
    7-8  the board and to speak on any issue under the jurisdiction of the
    7-9  board.
   7-10        (c)  Minutes of all meetings shall be available in the
   7-11  board's office for public inspection.
   7-12        Sec. 54.612.  APPLICABILITY OF OPEN MEETINGS LAW AND
   7-13  ADMINISTRATIVE PROCEDURE LAW.  The board is subject to the open
   7-14  meetings law, Chapter 551, Government Code, and the administrative
   7-15  procedure law, Chapter 2001, Government Code.
   7-16        Sec. 54.613.  EXECUTIVE DIRECTOR.  (a)  The board shall
   7-17  appoint an executive director, who shall select and supervise the
   7-18  board's staff and perform other duties delegated to the executive
   7-19  director by the board.  The executive director serves at the
   7-20  pleasure of the board.
   7-21        (b)  The executive director must be a person of high
   7-22  professional qualifications having a thorough background by
   7-23  training and experience in the fields of higher education,
   7-24  business, or finance, and must possess any other qualifications the
   7-25  board prescribes.
   7-26        (c)  The executive director shall develop an intra-agency
   7-27  career ladder program that addresses opportunities for mobility and
    8-1  advancement for employees of the board.  The program shall require
    8-2  intra-agency postings of all positions concurrently with any public
    8-3  posting.
    8-4        (d)  The executive director shall develop a system of annual
    8-5  performance evaluations based on documented employee performance.
    8-6  All merit pay for board employees must be based on the system
    8-7  established under this subsection.
    8-8        (e)  The executive director shall prepare and maintain a
    8-9  written policy statement to assure implementation of a program of
   8-10  equal employment opportunity under which all personnel transactions
   8-11  are made without regard to race, color, disability, sex, religion,
   8-12  age, or national origin.  The policy statement must include:
   8-13              (1)  personnel policies, including policies relating to
   8-14  recruitment, evaluation, selection, appointment, training, and
   8-15  promotion of personnel that are in compliance with requirements of
   8-16  Chapter 21, Labor Code;
   8-17              (2)  a comprehensive analysis of the board's workforce
   8-18  that meets federal and state guidelines;
   8-19              (3)  procedures by which a determination can be made of
   8-20  the extent of underuse in the board's workforce of all persons for
   8-21  whom federal or state guidelines encourage a more equitable
   8-22  balance; and
   8-23              (4)  reasonable methods to appropriately address those
   8-24  areas of underuse.
   8-25        (f)  A policy statement prepared under Subsection (e) must
   8-26  cover an annual period, be updated annually and reviewed by the
   8-27  Texas Commission on Human Rights for compliance with Subsection
    9-1  (e)(1), and be filed with the governor's office.
    9-2        (g)  The governor's office shall deliver a biennial report to
    9-3  the legislature based on the information received under Subsection
    9-4  (f).  The report may be made separately or as a part of other
    9-5  biennial reports made to the legislature.
    9-6        (h)  The executive director shall provide to members of the
    9-7  board and to board employees, as often as necessary, information
    9-8  regarding their qualifications for office or employment under this
    9-9  subchapter and their responsibilities under applicable laws
   9-10  relating to standards of conduct for state officers or employees.
   9-11        (i)  The board shall develop and implement policies that
   9-12  clearly separate the policy-making responsibilities of the board
   9-13  and the management responsibilities of the executive director and
   9-14  the staff of the board.
   9-15        Sec. 54.614.  PROGRAM AND FACILITY ACCESSIBILITY.  (a)  The
   9-16  board shall comply with federal and state laws related to program
   9-17  and facility accessibility.
   9-18        (b)  The board shall prepare and maintain a written plan that
   9-19  describes how a person who does not speak English can be provided
   9-20  reasonable access to the board's programs and services.
   9-21        Sec. 54.615.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.
   9-22  (a)  The board shall prepare information of public interest
   9-23  describing the functions of the board and the board's procedures by
   9-24  which complaints are filed with and resolved by the board.  The
   9-25  board shall make the information available to the public and
   9-26  appropriate state agencies.
   9-27        (b)  The board by rule shall establish methods by which
   10-1  consumers and service recipients are notified of the name, mailing
   10-2  address, and telephone number of the board for the purpose of
   10-3  directing complaints to the board.
   10-4        (c)  The board shall keep information about each complaint
   10-5  filed with the board.  The information shall include:
   10-6              (1)  the date the complaint is received;
   10-7              (2)  the name of the complainant;
   10-8              (3)  the subject matter of the complaint;
   10-9              (4)  a record of all persons contacted in relation to
  10-10  the complaint;
  10-11              (5)  a summary of the results of the review or
  10-12  investigation of the complaint; and
  10-13              (6)  for complaints for which the board took no action,
  10-14  an explanation of the reason the complaint was closed without
  10-15  action.
  10-16        (d)  The board shall keep a file for each written complaint
  10-17  filed with the board that the board has authority to resolve.  The
  10-18  board shall provide to the person filing the complaint and the
  10-19  persons or entities complained about the board's policies and
  10-20  procedures pertaining to complaint investigation and resolution.
  10-21  The board, at least quarterly and until final disposition of the
  10-22  complaint, shall notify the person filing the complaint and the
  10-23  persons or entities complained about of the status of the complaint
  10-24  unless the notice would jeopardize an undercover investigation.
  10-25        Sec. 54.616.  POWERS OF BOARD.  (a)  The board has the powers
  10-26  necessary or proper to carry out this subchapter.
  10-27        (b)  The board may:
   11-1              (1)  adopt an official seal;
   11-2              (2)  adopt rules to implement this subchapter;
   11-3              (3)  sue and be sued;
   11-4              (4)  enter into contracts and other necessary
   11-5  instruments;
   11-6              (5)  enter into agreements or other transactions with
   11-7  the United States, state agencies, including institutions of higher
   11-8  education, and local governments;
   11-9              (6)  appear in its own behalf before governmental
  11-10  agencies;
  11-11              (7)  contract for necessary goods and services, employ
  11-12  necessary personnel, and engage the services of private
  11-13  consultants, actuaries, managers, legal counsel, and auditors for
  11-14  administrative or technical assistance;
  11-15              (8)  solicit and accept gifts, grants, loans, and other
  11-16  aid from any source or participate in any other way in any
  11-17  government program to carry out this subchapter;
  11-18              (9)  impose administrative fees;
  11-19              (10)  contract with a person to market the program;
  11-20              (11)  purchase liability insurance covering the board
  11-21  and employees and agents of the board; and
  11-22              (12)  establish other policies, procedures, and
  11-23  eligibility criteria to implement this subchapter.
  11-24        Sec. 54.617.  PREPAID HIGHER EDUCATION TUITION PROGRAM.  (a)
  11-25  Under the program, a purchaser may enter into a prepaid tuition
  11-26  contract with the board under which the purchaser agrees to prepay
  11-27  the tuition and required fees for a beneficiary to attend an
   12-1  institution of higher education.
   12-2        (b)  The board shall deposit the money paid under a prepaid
   12-3  tuition contract in the fund, invest the money and credit the
   12-4  income earned to the fund, and apply money in the fund to the
   12-5  tuition and required fees of the institution of higher education in
   12-6  which the beneficiary enrolls as provided by the prepaid tuition
   12-7  contract.
   12-8        (c)  If there is not enough money in the fund to pay the
   12-9  tuition and required fees of the institution of higher education in
  12-10  which a beneficiary enrolls as provided by the prepaid tuition
  12-11  contract, the legislature shall appropriate to the fund the amount
  12-12  necessary for the board to pay the tuition and required fees of the
  12-13  institution.
  12-14        (d)  If the beneficiary enrolls in a private or independent
  12-15  institution of higher education, the board shall pay the
  12-16  institution the tuition and required fees the board would have paid
  12-17  had the student enrolled in an institution of higher education
  12-18  covered by the plan selected in the prepaid tuition contract.  The
  12-19  purchaser must pay the private or independent institution of higher
  12-20  education the amount by which the tuition and required fees of the
  12-21  institution exceed the tuition and required fees paid by the board.
  12-22        Sec. 54.618.  PREPAID TUITION CONTRACT.  (a)  The board may
  12-23  contract with a purchaser for the purchaser to prepay the tuition
  12-24  and required fees for a beneficiary to attend an institution of
  12-25  higher education to which the beneficiary is admitted as a student.
  12-26        (b)  The board shall adopt a form for a prepaid tuition
  12-27  contract to be used by the board and purchasers.
   13-1        (c)  A prepaid tuition contract must:
   13-2              (1)  specify the amount and number of payments required
   13-3  from the purchaser on behalf of the beneficiary;
   13-4              (2)  specify the terms under which the purchaser shall
   13-5  make payments, including the date on which each payment is due;
   13-6              (3)  specify the consequences of default;
   13-7              (4)  specify the name and date of birth of the
   13-8  beneficiary of the contract and the terms under which another
   13-9  person may be substituted as the beneficiary;
  13-10              (5)  specify the number of credit hours contracted by
  13-11  the purchaser;
  13-12              (6)  specify the type of plan toward which the
  13-13  contracted credit hours shall be applied;
  13-14              (7)  contain an assumption of a contractual obligation
  13-15  by the board to the beneficiary to provide for a specified number
  13-16  of credit hours of undergraduate instruction at an institution of
  13-17  higher education, not to exceed the typical number of credit hours
  13-18  required for the degree that corresponds to the plan purchased on
  13-19  behalf of the beneficiary;
  13-20              (8)  specify the date the beneficiary is projected to
  13-21  graduate from the institution of higher education; and
  13-22              (9)  contain any other provisions the board considers
  13-23  necessary or appropriate.
  13-24        (d)  A prepaid tuition contract does not cover the cost of
  13-25  laboratory fees charged for specific courses.
  13-26        Sec. 54.619.  BENEFICIARY.  (a)  The beneficiary of a prepaid
  13-27  tuition contract must be younger than 18 years of age at the time
   14-1  the purchaser enters into the contract and must be:
   14-2              (1)  a resident of this state at the time the purchaser
   14-3  enters into the contract; or
   14-4              (2)  a nonresident who is the child of a parent who is
   14-5  a resident of this state at the time that parent enters into the
   14-6  contract.
   14-7        (b)  The board may require a reasonable period of residence
   14-8  in this state for a beneficiary or the parent of a beneficiary.
   14-9        (c)  A beneficiary is considered a resident for purposes of
  14-10  tuition regardless of the beneficiary's residence on the date of
  14-11  enrollment.
  14-12        Sec. 54.620.  TYPES OF PLANS; RESTRICTION ON NUMBER OF
  14-13  PARTICIPANTS.  (a)  The board shall make prepaid tuition contracts
  14-14  available for the:
  14-15              (1)  junior college plan;
  14-16              (2)  senior college plan; and
  14-17              (3)  junior-senior college plan.
  14-18        (b)  The board may restrict the number of participants in the
  14-19  junior college plan, senior college plan, or junior-senior college
  14-20  plan.
  14-21        Sec. 54.621.  JUNIOR COLLEGE PLAN.  (a)  Through the junior
  14-22  college plan, a prepaid tuition contract shall provide prepaid
  14-23  tuition and required fees for the beneficiary to attend a public
  14-24  junior college for a specified number of undergraduate credit hours
  14-25  not to exceed the typical number of hours required for a
  14-26  certificate or an associate degree awarded by a public junior
  14-27  college.
   15-1        (b)  The cost of participation in the junior college plan
   15-2  shall be based on:
   15-3              (1)  the current tuition and required fees of public
   15-4  junior colleges;
   15-5              (2)  the projected rate of inflation of tuition and
   15-6  required fees of public junior colleges; and
   15-7              (3)  the number of years expected to elapse between the
   15-8  purchase of the plan on behalf of a beneficiary and the
   15-9  beneficiary's exercise of the benefits provided in the plan.
  15-10        Sec. 54.622.  SENIOR COLLEGE PLAN.  (a)  Through the senior
  15-11  college plan, a prepaid tuition contract shall provide prepaid
  15-12  tuition and required fees for the beneficiary to attend a public
  15-13  senior college or university for a specified number of
  15-14  undergraduate credit hours not to exceed the typical number of
  15-15  hours required for a baccalaureate degree awarded by a public
  15-16  senior college or university.
  15-17        (b)  The cost of participation in the senior college plan
  15-18  shall be based on:
  15-19              (1)  the current tuition and required fees of public
  15-20  senior colleges or universities;
  15-21              (2)  the projected rate of inflation of tuition and
  15-22  required fees of public senior colleges or universities; and
  15-23              (3)  the number of years expected to elapse between the
  15-24  purchase of the plan on behalf of a beneficiary and the
  15-25  beneficiary's exercise of the benefits provided in the plan.
  15-26        Sec. 54.623.  JUNIOR-SENIOR COLLEGE PLAN.  (a)  Through the
  15-27  junior-senior college plan, a prepaid tuition contract shall
   16-1  provide prepaid tuition and required fees for the beneficiary to
   16-2  attend:
   16-3              (1)  a public junior college for a specified number of
   16-4  undergraduate credit hours not to exceed the typical number of
   16-5  hours required for a person to receive a certificate or associate
   16-6  degree awarded by a public junior college; and
   16-7              (2)  a public senior college or university for a
   16-8  specified number of credit hours not to exceed the typical number
   16-9  of additional hours required for the person to receive a
  16-10  baccalaureate degree awarded by a public senior college or
  16-11  university.
  16-12        (b)  The cost of participation in the junior-senior college
  16-13  plan shall be based on:
  16-14              (1)  the current tuition and required fees of public
  16-15  junior colleges and public senior colleges or universities;
  16-16              (2)  the projected rate of inflation of tuition and
  16-17  required fees of public junior colleges and public senior colleges
  16-18  or universities; and
  16-19              (3)  the number of years expected to elapse between the
  16-20  purchase of the plan on behalf of a beneficiary and the
  16-21  beneficiary's exercise of the benefits provided in the plan.
  16-22        Sec. 54.624.  CONTRACT PAYMENT.  (a)  The board may provide
  16-23  for the receipt of payments under prepaid tuition contracts in lump
  16-24  sums or installment payments.
  16-25        (b)  A purchaser may make payments under a prepaid tuition
  16-26  contract by electronic funds transfer.
  16-27        (c)  An employee of the state or a political subdivision of
   17-1  the state may make payments under a prepaid tuition contract by
   17-2  payroll deductions made by the appropriate officer of the state or
   17-3  political subdivision.
   17-4        (d)  The board may impose a fee for a late payment under a
   17-5  prepaid tuition contract.
   17-6        Sec. 54.625.  CHANGE OF BENEFICIARY.  (a)  The purchaser of a
   17-7  prepaid tuition contract may designate a sibling, step-sibling, or
   17-8  half-sibling of the original beneficiary as the beneficiary in
   17-9  place of the original beneficiary if the sibling, step-sibling, or
  17-10  half-sibling meets the requirements of a beneficiary on the date
  17-11  the designation is changed.
  17-12        (b)  The board may adjust the terms of the contract so that
  17-13  the purchaser is required to pay the amount the purchaser would
  17-14  have been required to pay had the purchaser originally designated
  17-15  the new beneficiary as the beneficiary, taking into account any
  17-16  payments made before the date the designation is changed.
  17-17        Sec. 54.626.  CONVERSION TO ANOTHER PLAN.  (a)  A purchaser
  17-18  may convert a prepaid tuition contract from one plan to another
  17-19  plan.
  17-20        (b)  The board may adjust the terms of the contract so that
  17-21  the purchaser is required to pay the amount required under the plan
  17-22  to which the contract is converted, taking into account any
  17-23  payments made before the date the contract is converted.
  17-24        Sec. 54.627.  VERIFICATION UNDER OATH.  The board may require
  17-25  a purchaser to verify under oath a request to:
  17-26              (1)  change a beneficiary;
  17-27              (2)  convert a contract to another plan; or
   18-1              (3)  terminate a contract.
   18-2        Sec. 54.628.  PROMISE OR GUARANTEE OF ADMISSION.  (a)  Except
   18-3  as provided by Subsection (b), this subchapter is not a promise or
   18-4  guarantee that a beneficiary will be:
   18-5              (1)  admitted to any institution of higher education;
   18-6              (2)  admitted to a particular institution of higher
   18-7  education;
   18-8              (3)  allowed to continue enrollment at an institution
   18-9  of higher education after admission; or
  18-10              (4)  graduated from an institution of higher education.
  18-11        (b)  A beneficiary may not be denied admission to a public
  18-12  junior college on academic grounds.
  18-13        Sec. 54.629.  CONTRACT TERMINATION.  (a)  A prepaid tuition
  18-14  contract shall specify:
  18-15              (1)  the name of any person who may terminate the
  18-16  contract; and
  18-17              (2)  the terms under which the contract may be
  18-18  terminated.
  18-19        (b)  A prepaid tuition contract terminates if:
  18-20              (1)  the purchaser:
  18-21                    (A)  gives notice of termination; or
  18-22                    (B)  defaults on the contract; or
  18-23              (2)  the beneficiary:
  18-24                    (A)  dies;
  18-25                    (B)  becomes permanently and totally disabled;
  18-26                    (C)  is denied admission by each institution of
  18-27  higher education to which the beneficiary applies; or
   19-1                    (D)  enrolls in an institution of higher
   19-2  education but does not graduate from the institution on or before
   19-3  the 10th anniversary of the projected graduation date, not counting
   19-4  time spent by the beneficiary as an active duty member of the
   19-5  United States armed services.
   19-6        Sec. 54.630.  REFUND.  (a)  A prepaid tuition contract shall
   19-7  specify:
   19-8              (1)  the name of the person entitled to any refund if
   19-9  the contract is terminated; and
  19-10              (2)  the terms under which a person is entitled to a
  19-11  refund.
  19-12        (b)  The person named in the contract is entitled to a refund
  19-13  following termination of a prepaid tuition contract.
  19-14        (c)  The amount of the refund is the sum of the payments made
  19-15  under the prepaid tuition contract, together with five percent
  19-16  interest on each payment accruing from the date the payment is
  19-17  received to the date the refund is paid, multiplied by a fraction,
  19-18  the numerator of which is the number of credit hours remaining
  19-19  under the contract and the denominator of which is the number of
  19-20  credit hours originally covered by the contract.
  19-21        Sec. 54.631.  PREPAID HIGHER EDUCATION TUITION SCHOLARSHIPS
  19-22  FOR NEEDY STUDENTS.  (a)  To the extent money is available, the
  19-23  board may award a prepaid higher education tuition scholarship to a
  19-24  student who meets economic and academic requirements adopted by the
  19-25  board by rule.
  19-26        (b)  A scholarship awarded under this section terminates if
  19-27  the student to whom the scholarship is awarded is:
   20-1              (1)  convicted of, or adjudicated as having engaged in
   20-2  delinquent conduct constituting, an offense under Chapter 481,
   20-3  Health and Safety Code; or
   20-4              (2)  convicted of, or adjudicated as having engaged in
   20-5  delinquent conduct constituting, a felony or Class A misdemeanor.
   20-6        (c)  The board shall ensure that each region of the state is
   20-7  equitably represented in the awarding of scholarships under this
   20-8  section.
   20-9        (d)  Scholarships under this section are funded by the
  20-10  private sector, the United States, and this state.  The legislature
  20-11  shall appropriate an amount for the scholarships equal to the
  20-12  amount provided by the private sector and the United States.
  20-13        Sec. 54.632.  ESTABLISHMENT OF FUND.  (a)  The prepaid higher
  20-14  education tuition trust fund is outside the state treasury.  The
  20-15  fund consists of:
  20-16              (1)  state appropriations for purposes of the fund;
  20-17              (2)  money acquired from other governmental or private
  20-18  sources;
  20-19              (3)  money paid under prepaid tuition contracts; and
  20-20              (4)  the income from money deposited in the fund.
  20-21        (b)  The board shall administer the assets of the fund.  The
  20-22  board is the trustee of the fund's assets.
  20-23        (c)  The board may:
  20-24              (1)  segregate contributions and payments to the fund
  20-25  into various accounts;
  20-26              (2)  acquire, hold, manage, purchase, sell, assign,
  20-27  trade, transfer, and dispose of any security, evidence of
   21-1  indebtedness, or other investment in which the fund's assets may be
   21-2  invested;
   21-3              (3)  pay money in the fund to an institution of higher
   21-4  education; and
   21-5              (4)  refund money in the fund to the person designated
   21-6  by a prepaid tuition contract.
   21-7        Sec. 54.633.  STATE TREASURER.  (a)  Except as provided by
   21-8  Subsection (d), the state treasurer is the custodian of the assets
   21-9  of the fund.
  21-10        (b)  The state treasurer shall pay money from the fund on a
  21-11  warrant drawn by the comptroller supported only on a voucher signed
  21-12  by the comptroller and the executive director or their authorized
  21-13  representatives.
  21-14        (c)  The state treasurer annually shall furnish to the board
  21-15  a sworn statement of the amount of the fund's assets in the
  21-16  treasurer's custody.
  21-17        (d)  The board may select one or more commercial banks,
  21-18  depository trust companies, or other entities to serve as custodian
  21-19  of all or part of the fund's assets.
  21-20        Sec. 54.634.  INVESTMENT OF FUND ASSETS.  (a)  The board
  21-21  shall invest the assets of the fund.
  21-22        (b)  The board may contract with private professional
  21-23  investment managers to assist the board in investing the assets of
  21-24  the fund.
  21-25        (c)  The board shall develop written investment objectives
  21-26  concerning the investment of assets of the fund.  The objectives
  21-27  may address desired rates of return, risks involved, investment
   22-1  time frames, and any other relevant considerations.
   22-2        (d)  In investing the assets of the fund, the board shall
   22-3  exercise the judgment and care, under the circumstances prevailing
   22-4  at the time of the investment, that persons of ordinary prudence,
   22-5  discretion, and intelligence exercise in the management of their
   22-6  own affairs, not in speculation but when making a permanent
   22-7  disposition of their money, considering the probable income from
   22-8  the disposition and the probable safety of their capital.
   22-9        Sec. 54.635.  USE OF FUND ASSETS.  The assets of the fund may
  22-10  be used only to:
  22-11              (1)  pay the costs of program administration and
  22-12  operations;
  22-13              (2)  make payments to institutions of higher education
  22-14  on behalf of beneficiaries; and
  22-15              (3)  make refunds under prepaid tuition contracts.
  22-16        Sec. 54.636.  REQUEST OF RULINGS FROM INTERNAL REVENUE
  22-17  SERVICE AND SECURITIES AND EXCHANGE COMMISSION.  (a)  The board
  22-18  shall request rulings from:
  22-19              (1)  the Internal Revenue Service regarding the tax
  22-20  consequences to purchasers and beneficiaries of participating in
  22-21  the program; and
  22-22              (2)  the Securities and Exchange Commission regarding
  22-23  the application of federal securities laws to the fund.
  22-24        (b)  The board shall inform a purchaser of the status of the
  22-25  requests under Subsection (a) before the purchaser enters into a
  22-26  prepaid tuition contract.
  22-27        Sec. 54.637.  EXEMPTION FROM CREDITORS' CLAIMS.  Money in the
   23-1  fund is exempt from claims of creditors of a purchaser or
   23-2  beneficiary.
   23-3        Sec. 54.638.  ACTUARIAL SOUNDNESS OF FUND.  (a)  The board
   23-4  shall administer the fund in a manner that is sufficiently
   23-5  actuarially sound to meet the obligations of the program.
   23-6        (b)  The board shall annually evaluate the actuarial
   23-7  soundness of the fund.
   23-8        (c)  The board may adjust the terms of subsequent prepaid
   23-9  tuition contracts as necessary to ensure the actuarial soundness of
  23-10  the fund.
  23-11        Sec. 54.639.  STATEMENT REGARDING STATUS OF PREPAID TUITION
  23-12  CONTRACT.  (a)  Not later than December 1 of each year, the board
  23-13  shall furnish without charge to each purchaser a statement of:
  23-14              (1)  the amount paid by the purchaser under the prepaid
  23-15  tuition contract;
  23-16              (2)  the number of credit hours originally covered by
  23-17  the contract;
  23-18              (3)  the number of credit hours remaining under the
  23-19  contract;
  23-20              (4)  the amount of the refund to which the person
  23-21  designated by the contract would be entitled if the contract were
  23-22  terminated on the date of the statement; and
  23-23              (5)  any other information the board determines by rule
  23-24  is necessary or appropriate.
  23-25        (b)  The board shall furnish a statement complying with
  23-26  Subsection (a) to a purchaser or beneficiary on written request.
  23-27  The board may charge a reasonable fee for each statement furnished
   24-1  under this subsection.
   24-2        Sec. 54.640.  REPORTS.  (a)  Not later than December 1 of
   24-3  each year, the board shall submit to the governor, lieutenant
   24-4  governor, speaker of the house of representatives, Legislative
   24-5  Budget Board, Legislative Audit Committee, state auditor, and Texas
   24-6  Higher Education Coordinating Board a report including:
   24-7              (1)  the board's fiscal transactions during the
   24-8  preceding fiscal year;
   24-9              (2)  the market and book value of the fund as of the
  24-10  end of the preceding fiscal year;
  24-11              (3)  the asset allocations of the fund expressed in
  24-12  percentages of stocks, fixed income, cash, or other financial
  24-13  investments;
  24-14              (4)  the rate of return on the investment of the fund's
  24-15  assets during the preceding fiscal year; and
  24-16              (5)  an actuarial valuation of the assets and
  24-17  liabilities of the program, including the extent to which the
  24-18  program's liabilities are unfunded.
  24-19        (b)  The board shall make the report described by Subsection
  24-20  (a) available to purchasers of prepaid tuition contracts.
  24-21        (c)  Not later than December 1 of each year, the board shall
  24-22  provide to the Texas Higher Education Coordinating Board complete
  24-23  prepaid tuition contract sales information, including projected
  24-24  enrollments of beneficiaries at institutions of higher education.
  24-25        Sec. 54.641.  CONFIDENTIALITY.  (a)  Records in the custody
  24-26  of the board relating to the participation of specific purchasers
  24-27  and beneficiaries in the program are confidential.
   25-1        (b)  Notwithstanding Subsection (a), the board may release
   25-2  information described by that subsection to an institution of
   25-3  higher education in which a beneficiary may enroll or is enrolled.
   25-4  The institution of higher education shall keep the information
   25-5  confidential.
   25-6        SECTION 2.  (a)  As soon as possible on or after the
   25-7  effective date of this Act, the governor and lieutenant governor
   25-8  shall appoint the members of the Prepaid Higher Education Tuition
   25-9  Board appointed by those officers.  In making the appointments, the
  25-10  governor shall designate one member for a term expiring February 1,
  25-11  1997, and one member for a term expiring February 1, 1999.  In
  25-12  making the appointments, the lieutenant governor shall designate
  25-13  one member for a term expiring February 1, 1997, one member
  25-14  appointed from a list of persons recommended by the speaker of the
  25-15  house of representatives for a term expiring February 1, 1999, and
  25-16  two members for terms expiring February 1, 2001, one of whom must
  25-17  be appointed from a list of persons recommended by the speaker of
  25-18  the house of representatives.
  25-19        (b)  The legislature may appropriate to the board an amount
  25-20  sufficient to cover the board's administrative costs for the state
  25-21  fiscal biennium ending August 31, 1997.
  25-22        (c)  The board shall be prepared to enter into a prepaid
  25-23  tuition contract not later than the 90th day after the date all the
  25-24  members are appointed or January 1, 1996, whichever occurs later.
  25-25        SECTION 3.  This Act takes effect September 1, 1995.
  25-26        SECTION 4.  The importance of this legislation and the
  25-27  crowded condition of the calendars in both houses create an
   26-1  emergency and an imperative public necessity that the
   26-2  constitutional rule requiring bills to be read on three several
   26-3  days in each house be suspended, and this rule is hereby suspended.