reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter E. Other Fees and Deposits › Section 54.544. Recreational Facility Fee; the University of Texas at Dallas

Sec. 54.544.  RECREATIONAL FACILITY FEE;  THE UNIVERSITY OF TEXAS AT DALLAS.  (a)  The board of regents of The University of Texas System may charge each student enrolled at The University of Texas at Dallas a recreational facility fee to finance, construct, equip, operate, maintain, or improve student recreational facilities or programs at the university.
(b)  A recreational facility fee may not exceed:
(1)  $65 for each student for a semester of the regular term or a summer session of 12 weeks or longer;  and
(2)  $43.33 for each student for a summer session of less than 12 weeks.
(b-1), (b-2) Expired.
(c)  A recreational facility fee may not be charged or increased unless charging or increasing the fee is approved by a majority vote of the students participating in a general student election called for that purpose.
(d)  The board of regents shall collect a fee charged under this section and deposit the fee in an account known as the recreational facility account.
(e)  The board of regents may pledge a fee charged under this section to pay an obligation issued under the revenue financing system of The University of Texas System.
(f)  A fee charged under this section may not be counted in determining the maximum amount of student services fees that may be charged under Section 54.503(b).
(g)  A recreational facility fee may not be collected after the 20th anniversary of the date it is first collected or after all bonded indebtedness for the recreational facility for which the fee receipts are pledged is paid, whichever is later.
Added by Acts 1995, 74th Leg., ch. 757, Sec. 6, eff. June 16, 1995.  Amended by Acts 2003, 78th Leg., ch. 669, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter E. Other Fees and Deposits › Section 54.545. Fees for Continuing Education Courses

Sec. 54.545.  FEES FOR CONTINUING EDUCATION COURSES.  (a)  The governing board of an institution of higher education shall charge a reasonable fee to each person registered in a continuing education course at the institution.  The board shall set the fee in an amount sufficient to permit the institution to recover the costs to the institution of providing the course.
(b)  This section applies only to a course for which an institution does not collect tuition or receive formula funding, including an extension course, correspondence course, or other self-supporting course.
(c)  Subchapters B and D do not apply to a fee charged under this section, except to a fee for a correspondence course taken by a student who would qualify for an exemption from tuition under Section 54.341 if the correspondence course applies towards the student's degree plan.  The governing board of an institution of higher education may grant an exemption provided by Section 54.341 for continuing education courses.
Added by Acts 1995, 74th Leg., ch. 757, Sec. 5, eff. June 16, 1995.  Amended by Acts 1997, 75th Leg., ch. 1404, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 359 (S.B. 32), Sec. 4, eff. January 1, 2012.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter E. Other Fees and Deposits › Section 54.551. Intercollegiate Athletics Fee; the University of Texas Rio Grande Valley

Sec. 54.551.  INTERCOLLEGIATE ATHLETICS FEE;  THE UNIVERSITY OF TEXAS RIO GRANDE VALLEY.  (a)  The board of regents of The University of Texas System may impose on each student enrolled at The University of Texas Rio Grande Valley an intercollegiate athletics fee in an amount not to exceed $15 per semester credit hour for each regular semester or summer session, unless the amount is increased as provided by Subsection (d).
(b)  The board shall deposit revenue from the fee to the credit of an account known as The University of Texas Rio Grande Valley intercollegiate athletics fee account.  Revenue from the fee charged under this section may be used only for financing, constructing, operating, maintaining, renovating, or improving an athletic facility or for operating an intercollegiate athletics program at the university.
(c)  If compulsory student services fees are charged to students enrolled at the university under Section 54.503, the total amount of those fees charged to a student shall be reduced by $15 per semester credit hour beginning with the first semester in which an intercollegiate athletics fee is charged under this section.
(d)  The fee authorized by this section may not be increased by more than 10 percent from one academic year to the next unless the increase has been approved by a majority vote of those students participating in a general student election held at the institution and called for that purpose.
(e)  A fee imposed under this section is in addition to any other fee the board is authorized by law to impose, and may not be considered in determining the maximum amount of student services fees that may be imposed under Section 54.503.
Added by Acts 2007, 80th Leg., R.S., Ch. 137 (H.B. 1505), Sec. 1, eff. May 18, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 188 (S.B. 1467), Sec. 5, eff. May 30, 2021.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.6001. Public Purpose

Sec. 54.6001.  PUBLIC PURPOSE.  An educated population being necessary to the social development and economic health of this state, the legislature finds and declares it to be an urgent public necessity to assist young Texans in obtaining a higher education.  Because the state's population is rapidly growing and is diverse, the state is required to use all of the higher education facilities and resources within the state, both public and private, to provide a wide variety of educational environments and instructional options and to preserve the partnership between the state and private or independent institutions of higher education and between the state and career schools and colleges, as defined by Section 132.001, that offer a two-year associate degree as approved by the Texas Higher Education Coordinating Board.  Therefore, the prepaid higher education tuition program is established to help Texas students attend the institution that best meets their individual needs.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1181, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 364, Sec. 2.03, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.18, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.601. Definitions

Sec. 54.601.  DEFINITIONS.  In this subchapter:
(1)  "Beneficiary" means a person who is entitled to receive benefits under a prepaid tuition contract.
(2)  "Board" means the Prepaid Higher Education Tuition Board.
(3)  "Estimated average private tuition and required fees" means an estimated average of tuition and required fees to be charged by private or independent institutions of higher education as determined annually by the board.
(4)  "Fund" means the Texas tomorrow constitutional trust fund.
(5)  "Institution of higher education" has the meaning assigned by Section 61.003.
(6)  "Prepaid tuition contract" means a contract entered into under this subchapter by the board and a purchaser to provide for the payment of higher education tuition and required fees of a beneficiary.
(7)  "Private or independent institution of higher education" has the meaning assigned by Section 61.003.
(8)  "Program" means the prepaid higher education tuition program.
(9)  "Career school or college" means a career school or college, as defined by Section 132.001, that offers a two-year associate degree as approved by the Texas Higher Education Coordinating Board.
(10)  "Public junior college" has the meaning assigned by Section 61.003.
(11)  "Public senior college or university" has the meaning assigned by Section 61.003.
(12)  "Purchaser" means a person who is obligated to make payments under a prepaid tuition contract.
(13)  "Account" means the Texas college savings plan account.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1181, Sec. 2, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1250, Sec. 2, eff. June 15, 2001;  Acts 2003, 78th Leg., ch. 364, Sec. 2.04, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.19, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.602. Establishment of Board; Function

Sec. 54.602.  ESTABLISHMENT OF BOARD;  FUNCTION.  (a)  The Prepaid Higher Education Tuition Board is in the office of the comptroller.
(b)  The board shall administer the following programs:
(1)  the prepaid higher education tuition program established under this subchapter;
(2)  the higher education savings plan established under Subchapter G;
(3)  the prepaid tuition unit undergraduate education program established under Subchapter H;
(4)  the Texas Save and Match Program established under Subchapter I; and
(5)  the Texas Achieving a Better Life Experience Program established under Subchapter J.
(c)  Unless otherwise specified, the provisions of this subchapter concerning the following requirements applicable to the board under this subchapter also apply to the board for purposes of Subchapters G, H, I, and J of this chapter:
(1)  membership;
(2)  appointments of members;
(3)  removal of members;
(4)  ethics policy;
(5)  training;
(6)  board officers;
(7)  compensation;
(8)  meetings;
(9)  public interest information and complaints;
(10)  use of technology;
(11)  program and facility accessibility;
(12)  executive director; and
(13)  staff.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1250, Sec. 3, eff. June 15, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1213 (S.B. 1664), Sec. 1, eff. June 19, 2015.
Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.603. Sunset Provision

Sec. 54.603.  SUNSET PROVISION.  The Prepaid Higher Education Tuition Board is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished September 1, 2035.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1250, Sec. 4, eff. June 15, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 560 (S.B. 1941), Sec. 1, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 5.02, eff. June 17, 2011.
Acts 2021, 87th Leg., R.S., Ch. 299 (S.B. 702), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 3.04, eff. June 18, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.604. Termination or Modification of Program

Sec. 54.604.  TERMINATION OR MODIFICATION OF PROGRAM.  If the comptroller determines the program is financially infeasible, the comptroller shall notify the governor and the legislature and recommend that the program be modified or terminated.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.605. Effect of Termination of Program on Contract

Sec. 54.605.  EFFECT OF TERMINATION OF PROGRAM ON CONTRACT.  (a)  A prepaid tuition contract remains in effect after the program is terminated if, when the program is terminated, the beneficiary:
(1)  has been accepted by or is enrolled in an institution of higher education, a private or independent institution of higher education, a career school or college, or a registered apprenticeship program described by Section 54.619(i); or
(2)  is projected to graduate from high school not later than the third anniversary of the date the program is terminated.
(b)  A prepaid tuition contract terminates when the program is terminated if the contract does not remain in effect under Subsection (a).
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1181, Sec. 3, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 364, Sec. 2.05, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.20, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 599 (S.B. 1094), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.606. Members of Board; Appointment; Terms of Office

Sec. 54.606.  MEMBERS OF BOARD;  APPOINTMENT;  TERMS OF OFFICE.  (a)  The board consists of:
(1)  the comptroller;
(2)  two members appointed by the governor with the advice and consent of the senate;  and
(3)  four members appointed by the lieutenant governor, at least two of whom must be appointed from a list of persons recommended by the speaker of the house of representatives.
(b)  The appointed members must possess knowledge, skill, and experience in higher education, business, or finance.
(c)  The appointed members serve for staggered six-year terms.  The terms of one-third of the appointed members expire on February 1 of each odd-numbered year.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.607. Duty in Recommending, Making, or Confirming Appointments

Sec. 54.607.  DUTY IN RECOMMENDING, MAKING, OR CONFIRMING APPOINTMENTS.  (a)  In recommending, making, or confirming appointments to the board, the governor, lieutenant governor, speaker of the house of representatives, and senate shall ensure that each appointee has the background and experience suitable for performing the statutory responsibilities of a member of the board.
(b)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.608. Restrictions on Board Appointment, Membership, and Employment

Sec. 54.608.  RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP, AND EMPLOYMENT.  (a)  A person is not eligible for appointment as a member of the board if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity receiving funds from the board;
(2)  owns or controls, directly or indirectly, more than a 10-percent interest in a business entity receiving funds from the board;  or
(3)  uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
(b)  A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of higher education, banking, securities, or investments; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of higher education, banking, securities, or investments.
(d)  A person may not serve as a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
(e)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1054, Sec. 12, eff. June 15, 2007.
(f)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 12, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.6085. Prepaid Higher Education Tuition Board Ethics Policy

Sec. 54.6085.  PREPAID HIGHER EDUCATION TUITION BOARD ETHICS POLICY.  (a)  In addition to any other requirements provided by law, the board shall adopt and enforce an ethics policy that provides standards of conduct relating to the management and investment decisions of the board.  The ethics policy must include provisions that address the following issues as they apply to the management and investment decisions of the board:
(1)  general ethical standards;
(2)  conflicts of interest, including disclosure and recusal requirements;
(3)  the acceptance of gifts and entertainment; and
(4)  compliance with and enforcement of the ethics policy.
(b)  The ethics policy must include provisions applicable to:
(1)  members of the board;
(2)  the comptroller; and
(3)  employees of the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.609. Removal of Board Member

Sec. 54.609.  REMOVAL OF BOARD MEMBER.  (a)  It is a ground for removal from the board if a member:
(1)  does not have at the time of taking office the applicable qualifications required by Section 54.606(b);
(2)  is ineligible for membership under Section 54.608;
(3)  cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed; or
(4)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that the action was taken when a ground for removal of a board member existed.
(c)  If the staff of the board has knowledge that a potential ground for removal exists, the staff shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the staff of the board shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 4, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.610. Training of Board Members

Sec. 54.610.  TRAINING OF BOARD MEMBERS.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing board operations;
(2)  the programs, functions, rules, and budget of the board;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)   the results of the most recent formal audit of the board;
(5)  the requirements of:
(A)  laws relating to open meetings, public information,  administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of a state policy-making body in performing their duties; and
(6)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director of the board shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each board member.  Each board member shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 5, eff. June 15, 2007.
Acts 2021, 87th Leg., R.S., Ch. 299 (S.B. 702), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.611. Board Officers

Sec. 54.611.  BOARD OFFICERS.  (a)  The comptroller serves as the presiding officer of the board.
(b)  The board shall appoint a secretary of the board whose duties may be prescribed by law and by the board.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.612. Compensation and Expenses of Appointed Board Members

Sec. 54.612.  COMPENSATION AND EXPENSES OF APPOINTED BOARD MEMBERS.  Appointed members of the board shall serve without pay but shall be reimbursed for their actual expenses incurred in attending meetings of the board or in performing other work of the board when that work is approved by the presiding officer of the board.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.613. Meetings

Sec. 54.613.  MEETINGS.  (a)  The board shall hold regular quarterly meetings in the city of Austin and other meetings at places and times scheduled by the board in formal sessions and called by the presiding officer.
(b)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.
(c)  Minutes of all meetings shall be available in the board's office for public inspection.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.614. Applicability of Open Meetings Law and Administrative Procedure Law

Sec. 54.614.  APPLICABILITY OF OPEN MEETINGS LAW AND ADMINISTRATIVE PROCEDURE LAW.  The board is subject to the open meetings law, Chapter 551, Government Code, and the administrative procedure law, Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.615. Executive Director; Staff

Sec. 54.615.  EXECUTIVE DIRECTOR;  STAFF.  (a)  The comptroller serves as the executive director of the board.
(b)  The employees of the comptroller selected by the comptroller for that purpose serve as the staff of the board.
(c)  The comptroller shall select and supervise the staff of the board and perform other duties delegated to the comptroller by the board.
(d)  The comptroller shall provide to members of the board and to board staff, as often as necessary, information regarding their qualifications for office or employment under this subchapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
(e)  The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the comptroller and the staff of the board.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.616. Program and Facility Accessibility

Sec. 54.616.  PROGRAM AND FACILITY ACCESSIBILITY.  (a)  The board shall comply with federal and state laws related to program and facility accessibility.
(b)  The board shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the board's programs and services.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.617. Public Interest Information and Complaints

Sec. 54.617.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.  (a)  The board shall prepare information of public interest describing the functions of the board and the board's procedures by which complaints are filed with and resolved by the board.  The board shall make the information available to the public and appropriate state agencies.
(b)  The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board.
(c)  The board shall maintain a system to promptly and efficiently act on complaints filed with the board.  The board shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(d)  The board shall make information available describing its procedures for complaint investigation and resolution.
(e)  The board shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize an investigation.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 6, eff. June 15, 2007.
Acts 2021, 87th Leg., R.S., Ch. 299 (S.B. 702), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.6175. Use of Technology

Sec. 54.6175.  USE OF TECHNOLOGY.  The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions.  The policy must ensure that the public is able to interact with the staff of the board on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 7, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.618. Powers of Board

Sec. 54.618.  POWERS OF BOARD.  (a)  The board has the powers necessary or proper to carry out this subchapter.
(b)  The board may:
(1)  adopt an official seal;
(2)  adopt rules to implement this subchapter;
(3)  sue and be sued;
(4)  enter into contracts and other necessary instruments;
(5)  enter into agreements or other transactions with the United States, state agencies, including institutions of higher education, private or independent institutions of higher education, career schools and colleges, and local governments;
(6)  appear in its own behalf before governmental agencies;
(7)  contract for necessary goods and services and engage the services of private consultants, actuaries, trustees, records administrators, managers, legal counsel, and auditors for administrative or technical assistance;
(8)  solicit and accept gifts, grants, loans, and other aid from any source or participate in any other way in any government program to carry out this subchapter;
(9)  impose administrative fees;
(10)  contract with a person to market the program;
(11)  purchase liability insurance covering the board and employees and agents of the board;  and
(12)  establish other policies, procedures, and eligibility criteria to implement this subchapter.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1181, Sec. 4, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 364, Sec. 2.06, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.21, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.6181. Advisory Committees

Sec. 54.6181.  ADVISORY COMMITTEES.  (a)  The board by rule may establish advisory committees to make recommendations to the board on programs, rules, and policies administered by the board.
(b)  In establishing an advisory committee under this section, the board shall adopt rules, including rules regarding:
(1)  the purpose, role, responsibility, goals, and duration of the committee;
(2)  the size of and quorum requirement for the committee;
(3)  qualifications for committee membership;
(4)  appointment procedures for members;
(5)  terms of service for members;
(6)  training requirements for members;
(7)  policies to avoid conflicts of interest by members;
(8)  a periodic review process to evaluate the continuing need for the committee; and
(9)  policies to ensure the committee does not violate any provision of Chapter 551, Government Code, applicable to the board or the committee.
(c)  Chapter 2110, Government Code, does not apply to an advisory committee created by the board.
Added by Acts 2021, 87th Leg., R.S., Ch. 299 (S.B. 702), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.6195. Application for Enrollment

Sec. 54.6195.  APPLICATION FOR ENROLLMENT.  (a)  The board shall adopt a form for an application for enrollment in the program.  The form must indicate the information that the applicant is required to provide in order for the application to be considered, including the information required by Subsection (b) and any other information the board considers appropriate.
(b)  An application for enrollment in the program must include the following information:
(1)  the annual household income of the purchaser;
(2)  the highest educational level of the purchaser;
(3)  the race or ethnicity of the beneficiary;
(4)  how the purchaser first learned about the program; and
(5)  how the purchaser intends to finance the prepaid tuition contract.
Added by Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 9, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.620. Prepaid Tuition Contract

Sec. 54.620.  PREPAID TUITION CONTRACT.  (a)  The board may contract with a purchaser for the purchaser to prepay the tuition and required fees for a beneficiary to attend an institution of higher education or private or independent institution of higher education to which the beneficiary is admitted as a student.
(b)  The terms of a prepaid tuition contract shall be based on an actuarial analysis of:
(1)  the rates of increase of:
(A)  tuition and required fees at institutions of higher education;  or
(B)  estimated average private tuition and required fees;
(2)  expected investment returns;
(3)  estimated administrative costs;  and
(4)  the period between the date the contract is entered into and the date the beneficiary is projected to graduate from high school.
(c)  The board shall adopt a form for a prepaid tuition contract to be used by the board and purchasers.
(d)  A prepaid tuition contract must:
(1)  specify the amount and number of payments required from the purchaser on behalf of the beneficiary;
(2)  specify the terms under which the purchaser shall make payments, including the date on which each payment is due;
(3)  specify the consequences of default;
(4)  specify the name and date of birth of the beneficiary of the contract and the terms under which another person may be substituted as the beneficiary;
(5)  specify the number of credit hours contracted by the purchaser;
(6)  specify the type of plan toward which the contracted credit hours shall be applied;
(7)  contain an assumption of a contractual obligation by the board to the beneficiary to provide for a specified number of credit hours of undergraduate instruction at an institution of higher education or private or independent institution of higher education, not to exceed the typical number of credit hours required for the degree that corresponds to the plan purchased on behalf of the beneficiary;
(8)  specify the date the beneficiary is projected to graduate from high school;  and
(9)  contain any other provisions the board considers necessary or appropriate.
(e)  A prepaid tuition contract does not cover the cost of laboratory fees charged for specific courses.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.621. Beneficiary

Sec. 54.621.  BENEFICIARY.  (a)  Except as provided by Subsection (d), the beneficiary of a prepaid tuition contract must be younger than 18 years of age or 18 years of age or older and enrolled in high school at the time the purchaser enters into the contract and must be:
(1)  a resident of this state at the time the purchaser enters into the contract; or
(2)  a nonresident who is the child of a parent who is a resident of this state at the time that parent enters into the contract.
(b)  The board may require a reasonable period of residence in this state for a beneficiary or the parent of a beneficiary.
(c)  Notwithstanding any provision of Subchapter B, the tuition and required fees charged by an institution of higher education for semester hours and fees that are paid for by a prepaid tuition contract shall be determined as if the beneficiary of that contract were a resident student.
(d)  In order to provide sufficient time for program investments to mature in an actuarially sound manner with regard to the amounts prepaid under a contract entered into after December 31, 2003, the board may require a maturity period between the time a purchaser enters into the contract and the time the board must act on its contractual obligation to pay any tuition or fees on behalf of the beneficiary.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 522, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 888 (S.B. 1528), Sec. 7, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 10, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.622. Types of Plans

Sec. 54.622.  TYPES OF PLANS.  The board shall make prepaid tuition contracts available for the:
(1)  junior college plan;
(2)  senior college plan;
(3)  junior-senior college plan;  and
(4)  private college plan.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.623. Junior College Plan

Sec. 54.623.  JUNIOR COLLEGE PLAN.  Through the junior college plan, a prepaid tuition contract shall provide prepaid tuition and required fees for the beneficiary to attend a public junior college for a specified number of undergraduate credit hours not to exceed the typical number of hours required for a certificate or an associate degree awarded by a public junior college.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.624. Senior College Plan

Sec. 54.624.  SENIOR COLLEGE PLAN.  (a)  Through the senior college plan, a prepaid tuition contract shall provide prepaid tuition and required fees for the beneficiary to attend a public senior college or university for a specified number of undergraduate credit hours not to exceed the typical number of hours required for a baccalaureate degree awarded by a public senior college or university.
(b)  When the beneficiary of a senior college plan prepaid tuition contract entered into on or before December 31, 2003, enrolls in a public senior college or university, the university shall accept as payment in full of the beneficiary's tuition and required fees the lesser of:
(1)  the amount of tuition and required fees charged by the institution; or
(2)  an amount paid by the board under the contract equal to the weighted average amount of tuition and required fees of all public senior colleges and universities for that semester or other academic period as determined by the board.
(c)  Each public senior college or university shall provide the information requested by the board on or before June 1 each year to assist the board in determining the weighted average amount of tuition and required fees of all public senior colleges and universities for each semester or other academic term of the following academic year for purposes of this section.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 13, eff. June 20, 2003;  Acts 2003, 78th Leg., ch. 1321, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1054 (H.B. 2173), Sec. 11, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.6245. Graduate and Professional Degree Plans

Sec. 54.6245.  GRADUATE AND PROFESSIONAL DEGREE PLANS.  (a)  The board may establish one or more plans to allow a person to prepay all or part of the tuition and required fees for enrollment in a graduate or professional degree program at an institution of higher education or private or independent institution of higher education, if the board determines that:
(1)  a particular plan is feasible;  and
(2)  there is sufficient demand for the plan to justify administration of the plan.
(b)  The board may limit a plan established under this section to a specified field or fields of study, to a specified level or type of degree, or to a specified number of hours or semesters, as the board considers appropriate.
(c)  The board is not required to continue offering a plan established under this section in subsequent years.
(d)  The board may modify the terms of a prepaid tuition contract otherwise required by this subchapter for a plan established under this section as the board considers necessary.
Added by Acts 1999, 76th Leg., ch. 269, Sec. 1, eff. Aug. 30, 1999.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.625. Junior-Senior College Plan

Sec. 54.625.  JUNIOR-SENIOR COLLEGE PLAN.  Through the junior-senior college plan, a prepaid tuition contract shall provide prepaid tuition and required fees for the beneficiary to attend:
(1)  a public junior college for a specified number of undergraduate credit hours not to exceed the typical number of hours required for a person to receive a certificate or associate degree awarded by a public junior college;  and
(2)  a public senior college or university for a specified number of credit hours not to exceed the typical number of additional hours required for the person to receive a baccalaureate degree awarded by a public senior college or university.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.6251. Private College Plan

Sec. 54.6251.  PRIVATE COLLEGE PLAN.  Through the private college plan, a prepaid tuition contract shall provide prepaid estimated average private tuition and required fees for the beneficiary to attend a private or independent institution of higher education for a specified number of undergraduate credit hours not to exceed the typical number of hours required for a baccalaureate degree awarded by a private or independent institution of higher education.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.6252. Contract for Additional Credit Hours

Sec. 54.6252.  CONTRACT FOR ADDITIONAL CREDIT HOURS.  (a)  The board may permit the purchaser of a prepaid tuition contract for a senior college plan or a private college plan at any time during which the contract is in effect and before the beneficiary graduates from high school to enter into a supplemental contract to prepay the tuition and required fees of the beneficiary for a number of undergraduate credit hours, in addition to the undergraduate credit hours included in the primary contract, equal to the number of credit hours purchased for one year under the primary contract.  The additional credit hours must be for the same type of institution as the credit hours purchased under the primary contract.
(b)  The contract is subject to Section 54.620.
Added by Acts 1997, 75th Leg., ch. 522, Sec. 3, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1181, Sec. 6, eff. Sept. 1, 1999.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.626. Contract Payment

Sec. 54.626.  CONTRACT PAYMENT.  (a)  The board may provide for the receipt of payments under prepaid tuition contracts in lump sums or installment payments.  If the board allows payments under a contract to be made in installments over a period longer than one year, it must provide for those payments to be made in single annual installments in addition to any other permitted installment plans.
(b)  A purchaser may make payments under a prepaid tuition contract by electronic funds transfer.
(c)  An employee of the state or a political subdivision of the state may make payments under a prepaid tuition contract by payroll deductions made by the appropriate officer of the state or political subdivision.
(d)  The board may impose a fee for a late payment under a prepaid tuition contract.
Added by Acts 1995, 74th Leg., ch. 1032, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 95, Sec. 1, eff. May 15, 1997.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 54 - Tuition and Fees › Subchapter F. Prepaid Higher Education Tuition Program › Section 54.6261. Deferred Use of Prepaid Credit Hours

Sec. 54.6261.  DEFERRED USE OF PREPAID CREDIT HOURS.  (a)  A prepaid tuition contract must 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.  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.
(b)  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.
Added by Acts 1997, 75th Leg., ch. 522, Sec. 3, eff. Sept. 1, 1997.