By Ellis S.B. No. 1299
75R6467 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a program to authorize prepaid tuition savings
1-3 accounts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter F, Chapter 54, Education Code, is
1-6 amended by adding Section 54.6255 to read as follows:
1-7 Sec. 54.6255. TUITION SAVINGS PLAN. (a) In addition to
1-8 the plans listed in Section 54.622, the board shall establish and
1-9 administer a tuition savings plan as provided by this section.
1-10 (b) The plan shall permit a person to establish an account
1-11 in the fund for the benefit of a designated individual beneficiary
1-12 who is younger than 18 years of age when the account is
1-13 established, for the purpose of prepaying tuition for the
1-14 beneficiary to attend a public or private institution of higher
1-15 education. The person may make deposits to the account at any
1-16 time, except that the board may prohibit deposits to an account
1-17 more frequently than once a month and may require that a deposit
1-18 equal or exceed a specified minimum amount, which may not be less
1-19 than $25.
1-20 (c) The board shall credit to each account established under
1-21 this section at least monthly the income earned by the fund
1-22 attributable to the amount in the account and shall deduct from the
1-23 current balance any amount paid out from the account. In
1-24 determining the income attributable to the amount in the account,
2-1 the board shall take into account the appropriate proportion of the
2-2 board's costs of program administration and operations attributable
2-3 to the account.
2-4 (d) The beneficiary of the account may apply any portion of
2-5 the current balance in the account to pay tuition and required fees
2-6 at any accredited public or private institution of higher education
2-7 in or outside this state at which the beneficiary is enrolled. The
2-8 board shall establish payment procedures to ensure that the money
2-9 is applied to tuition and fees as required by this subsection.
2-10 (e) The person who established the account may close the
2-11 account or change the beneficiary of the account, but only if:
2-12 (1) the beneficiary or, if the beneficiary is a minor,
2-13 the beneficiary's parent or guardian consents in writing to the
2-14 closing or change; or
2-15 (2) the beneficiary dies.
2-16 (f) If an account is closed, the board shall refund to the
2-17 person who established the account the current value of the
2-18 account, less any amount required by federal law to be retained or
2-19 withheld as a penalty or tax payment.
2-20 (g) The person who established the account may apply all or
2-21 part of the current value of the account to the purchase of a plan
2-22 listed in Section 54.622 if that plan is established for the same
2-23 beneficiary.
2-24 (h) The board by rule shall prescribe procedures for the
2-25 person establishing an account to transfer all rights of the person
2-26 over the account to another person, including the beneficiary, or
2-27 to name a successor to take the person's place if the person dies
3-1 or becomes incapacitated or, if the person is not an individual,
3-2 ceases to exist. If the person establishing the account dies,
3-3 becomes incapacitated, or ceases to exist without transferring the
3-4 person's rights over the account or designating a successor or if
3-5 the successor is not available or is unwilling or unable to serve,
3-6 the beneficiary or the beneficiary's parent or guardian may
3-7 exercise the rights of the person who established the account,
3-8 except that the right to close the account may not be exercised
3-9 during the incapacity of the person.
3-10 (i) An account may be maintained as long as the beneficiary
3-11 is living.
3-12 (j) If the program is abolished, the board shall refund to
3-13 the person who established the account the current value of the
3-14 account when the refund is made.
3-15 SECTION 2. (a) This Act takes effect September 1, 1997.
3-16 (b) The Prepaid Higher Education Tuition Board shall
3-17 establish the program provided by Section 56.6255, Education Code,
3-18 as added by this Act, and begin establishing accounts under that
3-19 section not later than January 1, 1998.
3-20 SECTION 3. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended.