AN ACT
 1-1     relating to authorizing the use of certain prepaid tuition
 1-2     contracts to cover an additional period of attendance at an
 1-3     institution of higher education or attendance at a proprietary
 1-4     school.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 54.6001, Education Code, is amended to
 1-7     read as follows:
 1-8           Sec. 54.6001.  PUBLIC PURPOSE.  An educated population being
 1-9     necessary to the social development and economic health of this
1-10     state, the legislature finds and declares it to be an urgent public
1-11     necessity to assist young Texans in obtaining a higher education.
1-12     Because the state's population is rapidly growing and is diverse,
1-13     the state is required to use all of the higher education facilities
1-14     and resources within the state, both public and private, to provide
1-15     a wide variety of educational environments and instructional
1-16     options and to preserve the partnership between the state and
1-17     private or independent institutions of higher education and between
1-18     the state and proprietary schools, as defined by Section 132.001,
1-19     that offer a two-year associate degree as approved by the Texas
1-20     Higher Education Coordinating Board.  Therefore, the prepaid higher
1-21     education tuition program is established to help Texas students
1-22     attend the institution that best meets their individual needs.
1-23           SECTION 2.  Section 54.601, Education Code, is amended to
1-24     read as follows:
 2-1           Sec. 54.601.  DEFINITIONS.  In this subchapter:
 2-2                 (1)  "Beneficiary" means a person who is entitled to
 2-3     receive benefits under a prepaid tuition contract.
 2-4                 (2)  "Board" means the Prepaid Higher Education Tuition
 2-5     Board.
 2-6                 (3)  "Estimated average private tuition and required
 2-7     fees" means an estimated average of tuition and required fees to be
 2-8     charged by private or independent institutions of higher education
 2-9     as determined annually by the board.
2-10                 (4)  "Fund" means the Texas tomorrow fund.
2-11                 (5)  "Institution of higher education" has the meaning
2-12     assigned by Section 61.003.
2-13                 (6)  "Prepaid tuition contract" means a contract
2-14     entered into under this subchapter by the board and a purchaser to
2-15     provide for the payment of higher education tuition and required
2-16     fees of a beneficiary.
2-17                 (7)  "Private or independent institution of higher
2-18     education" has the meaning assigned by Section 61.003.
2-19                 (8)  "Program" means the prepaid higher education
2-20     tuition program.
2-21                 (9)  "Proprietary school" means a proprietary school,
2-22     as defined by Section 132.001, that offers a two-year associate
2-23     degree as approved by the Texas Higher Education Coordinating
2-24     Board.
2-25                 (10)  "Public junior college" has the meaning assigned
2-26     by Section 61.003.
 3-1                 (11) [(10)]  "Public senior college or university" has
 3-2     the meaning assigned by Section 61.003.
 3-3                 (12) [(11)]  "Purchaser" means a person who is
 3-4     obligated to make payments under a prepaid tuition contract.
 3-5           SECTION 3.  Subsection (a), Section 54.605, Education Code,
 3-6     is amended to read as follows:
 3-7           (a)  A prepaid tuition contract remains in effect after the
 3-8     program is terminated if, when the program is terminated, the
 3-9     beneficiary:
3-10                 (1)  has been accepted by or is enrolled in an
3-11     institution of higher education, [or] a private or independent
3-12     institution of higher education, or a proprietary school; or
3-13                 (2)  is projected to graduate from high school not
3-14     later than the third anniversary of the date the program is
3-15     terminated.
3-16           SECTION 4.  Subsection (b), Section 54.618, Education Code,
3-17     is amended to read as follows:
3-18           (b)  The board may:
3-19                 (1)  adopt an official seal;
3-20                 (2)  adopt rules to implement this subchapter;
3-21                 (3)  sue and be sued;
3-22                 (4)  enter into contracts and other necessary
3-23     instruments;
3-24                 (5)  enter into agreements or other transactions with
3-25     the United States, state agencies, including institutions of higher
3-26     education, private or independent institutions of higher education,
 4-1     proprietary schools, and local governments;
 4-2                 (6)  appear in its own behalf before governmental
 4-3     agencies;
 4-4                 (7)  contract for necessary goods and services and
 4-5     engage the services of private consultants, actuaries, trustees,
 4-6     records administrators, managers, legal counsel, and auditors for
 4-7     administrative or technical assistance;
 4-8                 (8)  solicit and accept gifts, grants, loans, and other
 4-9     aid from any source or participate in any other way in any
4-10     government program to carry out this subchapter;
4-11                 (9)  impose administrative fees;
4-12                 (10)  contract with a person to market the program;
4-13                 (11)  purchase liability insurance covering the board
4-14     and employees and agents of the board; and
4-15                 (12)  establish other policies, procedures, and
4-16     eligibility criteria to implement this subchapter.
4-17           SECTION 5.  Section 54.619, Education Code, is amended by
4-18     adding Subsection (h) to read as follows:
4-19           (h)  Notwithstanding other provisions of this subchapter, any
4-20     contract benefits purchased under this subchapter may be applied to
4-21     the payment of tuition and required fees at a proprietary school as
4-22     if the proprietary school were an institution of higher education
4-23     or private or independent institution of higher education.  On the
4-24     purchaser's request, the board shall apply, in accordance with
4-25     Section 54.628, any existing amount of prepaid tuition contract
4-26     benefits to the payment of tuition and required fees at a
 5-1     proprietary school.  The board is not responsible for the payment
 5-2     of tuition and required fees at the proprietary school in excess of
 5-3     that amount.  The board may adopt rules as necessary to implement
 5-4     this subsection.
 5-5           SECTION 6.  Subsection (a), Section 54.6252, Education Code,
 5-6     is amended to read as follows:
 5-7           (a)  The board may permit the purchaser of a prepaid tuition
 5-8     contract for a senior college plan or a private college plan at any
 5-9     time during which the contract is in effect and before the
5-10     beneficiary graduates from high school to enter into a supplemental
5-11     contract to prepay the tuition and required fees of the beneficiary
5-12     for a number of undergraduate credit hours, in addition to the
5-13     undergraduate credit hours included in the primary contract, equal
5-14     to the number of credit hours purchased for one year under the
5-15     primary contract.  The additional credit hours must be for the same
5-16     type of institution as the credit hours purchased under the primary
5-17     contract.
5-18           SECTION 7.  (a)  The change in law made by this Act regarding
5-19     the application of prepaid tuition contract benefits to the payment
5-20     of tuition and required fees at a proprietary school applies to
5-21     contract benefits purchased under Subchapter F, Chapter 54,
5-22     Education Code, as amended by this Act, before, on, or after the
5-23     effective date of this Act.
5-24           (b)  Except as provided by Subsection (c) of this section,
5-25     the amendment made by this Act to Section 54.6252, Education Code,
5-26     does not apply to a prepaid tuition contract entered into before
 6-1     the effective date of this Act.
 6-2           (c)  The Prepaid Higher Education Tuition Board may permit
 6-3     the purchaser of a prepaid tuition contract entered into before the
 6-4     effective date of this Act to amend the contract to conform to
 6-5     Section 54.6252, Education Code, as amended by this Act.  The board
 6-6     may require the purchaser to make increased or additional payments
 6-7     as necessary to compensate for any additional costs that the board
 6-8     estimates will be incurred under the contract because of the
 6-9     contract amendment.
6-10           SECTION 8.  This Act takes effect September 1, 1999.
6-11           SECTION 9.  The importance of this legislation and the
6-12     crowded condition of the calendars in both houses create an
6-13     emergency and an imperative public necessity that the
6-14     constitutional rule requiring bills to be read on three several
6-15     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 315 passed the Senate on
         March 11, 1999, by the following vote:  Yeas 31, Nays 0; and that
         the Senate concurred in House amendment on May 25, 1999, by a
         viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 315 passed the House, with
         amendment, on May 22, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor