SRC-HRD C.S.S.B. 1299 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1299
By: Ellis
Finance
4-28-97
Committee Report (Substituted)


DIGEST 

Texas law provides for junior college, senior college, junior-senior
college, and private college prepaid tuition plans.  Currently, prepaid
plans must be used solely for undergraduate tuition. C.S.S.B. 1299 would
allow students who have outside income to save part of their tuition for
postgraduate school. 

PURPOSE

As proposed, S.B. 1299 allows students with prepaid tuition plans who have
outside income to save part of their tuition for post-graduate school.  

RULEMAKING AUTHORITY

The bill does not grant any additional rulemaking authority to any state
agency, institution, or officer. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 54F, Education Code, by adding Sections 54.6261
and 54.6262, as follows: 

Sec. 54.6261.  DEFERRED USE OF PREPAID CREDIT HOURS.  Requires a prepaid
tuition contract to permit the beneficiary to elect to pay from another
source the beneficiary's tuition and required fees for some or all of the
semester credit hours to which the beneficiary is entitled to payment
under the contract, and to defer to a subsequent semester or term the
right to payment of the beneficiary's tuition and required fees for the
number of semester credit hours remaining under the contract.  Provides
that the beneficiary is responsible for payment of the amount of tuition
and required fees for the number of semester credit hours that the
beneficiary elects not to pay under the contract.  Provides that this
section does not affect the date on which a prepaid tuition contract
terminates under this subchapter and does not give the beneficiary the
right to any payment under the contract after termination of the contract.

Sec. 54.6262.  APPLICATION OF UNUSED CREDIT HOURS TO GRADUATE TUITION.
Sets forth provisions applicable if the beneficiary of a prepaid tuition
contract registers in a graduate or professional degree program before the
termination of the contract and the beneficiary has not received payment
under the contract for tuition and required fees for all of the semester
credit hours to which the beneficiary is entitled. Sets forth provisions
regarding the value of a semester credit hour under a prepaid tuition
contract for the purposes of this section.  Provides that this section
does not affect the date on which a prepaid tuition contract terminates
under this subchapter and does not give the beneficiary the right to any
payment under the contract after termination of the contract. 

SECTION 2. (a) Effective date: January 1, 1998.

(b) Provides that except as provided by Subsection (c) of this section,
Sections 54.6261 and 52.6262, as added by this Act, do not apply to a
prepaid tuition contract entered into before the effective date of this
Act.   

 (c) Authorizes the Prepaid Higher Education Board (board) to permit the
purchaser of a prepaid tuition contract entered into before the effective
date of this Act to amend the contract to conform to Sections 54.6261 and
54.6262, as added by this Act.  Authorizes the board to require the
purchaser to make increased or additional payments as necessary to
compensate for any additional costs that the board estimates will be
incurred under the contract because of the contract amendment.   

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Removes proposed section and sets forth two new sections, Sections 54.6261
and 54.6262, Education Code. 

SECTION 2.

Provides that this Act takes effect January 1, 1998, rather than September
1, 1997.  Removes proposed Section (b) to set forth new Section (b).  Adds
Section (c).