S.B. No. 1094         AN ACT   relating to the payment of certain education expenses using the   state's programs for paying, prepaying, or saving toward the costs   of attending an institution of higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 54.605(a), Education Code, is amended to   read as follows:          (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, [or] 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.          SECTION 2.  Section 54.619, Education Code, is amended by   adding Subsection (i) to read as follows:          (i)  Notwithstanding other provisions of this subchapter,   any contract benefits purchased under this subchapter may be   applied to the payment of tuition and required fees for a registered   apprenticeship program as if the apprenticeship program were an   institution of higher education or private or independent   institution of higher education. On the purchaser's request, the   board shall apply, in accordance with Section 54.628, any existing   amount of prepaid tuition contract benefits to the payment of   registered apprenticeship program tuition and required fees. The   board is not responsible for the payment of registered   apprenticeship program tuition and required fees in excess of that   amount. The board may adopt rules as necessary to implement this   subsection. In this subsection, "registered apprenticeship   program" means an apprenticeship program that is registered and   certified with the United States Department of Labor under Section   1 of the National Apprenticeship Act (29 U.S.C. Section 50 et seq.).          SECTION 3.  Section 54.751, Education Code, is amended by   amending Subdivisions (2) and (6) and adding Subdivision (9-a) to   read as follows:                (2)  "Beneficiary" means the person designated under a   prepaid tuition contract as the person entitled to apply one or more   tuition units purchased under the contract to the payment of the   person's:                      (A)  undergraduate tuition and required fees at a   general academic teaching institution, two-year institution of   higher education, private or independent institution of higher   education, medical and dental unit, career school, or accredited   out-of-state institution of higher education; and                      (B)  registered apprenticeship program tuition   and required fees.                (6)  "Prepaid tuition contract" means a contract under   which a person purchases from the board on behalf of a beneficiary   one or more tuition units that the beneficiary is entitled to apply   to the payment of the beneficiary's:                      (A)  undergraduate tuition and required fees at a   general academic teaching institution, two-year institution of   higher education, private or independent institution of higher   education, medical and dental unit, career school, or accredited   out-of-state institution of higher education; or                      (B)  registered apprenticeship program tuition   and required fees.                (9-a)  "Registered apprenticeship program" means an   apprenticeship program that is registered and certified with the   United States Department of Labor under Section 1 of the National   Apprenticeship Act (29 U.S.C. Section 50 et seq.).          SECTION 4.  Section 54.753(a), Education Code, is amended to   read as follows:          (a)  Under the program, a purchaser may prepay the costs of   all or a portion of a beneficiary's undergraduate tuition and   required fees at a general academic teaching institution, two-year   institution of higher education, private or independent   institution of higher education, medical and dental unit, career   school, [or] accredited out-of-state institution of higher   education, or registered apprenticeship program by entering into a   prepaid tuition contract with the board to purchase one or more   tuition units of a type described by this section at the applicable   price established by the board for that type of unit for the year in   which the unit is purchased. The portion of the beneficiary's   undergraduate tuition and required fees for which a tuition unit   may be redeemed at a particular general academic teaching   institution or two-year institution of higher education is assigned   to the tuition unit at the time of purchase, and the tuition unit   may be redeemed to pay that portion of the tuition and fees at the   general academic teaching institution or two-year institution of   higher education in any academic year in which the unit is redeemed   in accordance with this subchapter. The purchaser may purchase one   type of unit or a combination of two or three types of units.          SECTION 5.  Sections 54.754(a) and (d), Education Code, are   amended to read as follows:          (a)  In accordance with this subchapter, when a beneficiary   under a prepaid tuition contract redeems one or more tuition units   to pay costs of tuition and required fees, the board shall apply   money in the fund, in the amount provided by Section 54.765 to pay   all or the applicable portion of the costs of the beneficiary's   tuition and required fees at the general academic teaching   institution, two-year institution of higher education, private or   independent institution of higher education, medical and dental   unit, career school, [or] accredited out-of-state institution of   higher education, or registered apprenticeship program in which the   beneficiary enrolls. Subject to Subsection (b)(2) and the other   provisions of this section, a beneficiary may redeem any type of   tuition unit for attendance at an institution, [or] unit, school,   or program described by this section. A general academic teaching   institution or two-year institution of higher education shall   accept the amount transferred to the institution under Section   54.765(c) when the unit or units are redeemed as payment for all or   the applicable portion of the beneficiary's tuition and required   fees.          (d)  If a beneficiary redeems fewer tuition units of the type   or combination of types necessary to pay the total cost of the   beneficiary's tuition and required fees at the general academic   teaching institution, two-year institution of higher education,   private or independent institution of higher education, medical and   dental unit, career school, [or] accredited out-of-state   institution of higher education, or registered apprenticeship   program at which the beneficiary enrolls, the beneficiary is   responsible for paying the amount of the difference between the   amount of tuition and required fees for which the beneficiary pays   through the redemption of one or more tuition units and the total   cost of the beneficiary's tuition and required fees at the   institution, [or] unit, school, or program.          SECTION 6.  Section 54.765(f), Education Code, is amended to   read as follows:          (f)  When a beneficiary enrolls at a private or independent   institution of higher education, medical and dental unit, career   school, [or] accredited out-of-state institution of higher   education, or registered apprenticeship program, on written   authorization from the purchaser of the tuition unit or units for   that beneficiary, the comptroller or the comptroller's authorized   representative shall transfer to the institution the lesser of:                (1)  an amount equal to the current cost of the tuition   and required fees that would be covered by redemption of the number   and type of tuition units the beneficiary is redeeming if the   beneficiary were redeeming the unit or units at a general academic   teaching institution or two-year institution of higher education as   follows:                      (A)  for a Type I unit, at the general academic   teaching institution that had the highest tuition and required fee   cost;                      (B)  for a Type II unit, at a general academic   teaching institution that had tuition and required fee cost at the   weighted average; and                      (C)  for a Type III unit, at a two-year   institution of higher education that had tuition and required fee   cost at the weighted average; or                (2)  an amount equal to the total purchase price of the   tuition unit or units the beneficiary redeems for the semester or   other academic term plus the portion of the total return on assets   of the fund attributable to that amount.          SECTION 7.  Section 54.767, Education Code, is amended to   read as follows:          Sec. 54.767.  USE OF FUND ASSETS. The assets of the fund may   be used only to:                (1)  pay the costs of program administration and   operations;                (2)  make payments to general academic teaching   institutions, two-year institutions of higher education, private   or independent institutions of higher education, medical and dental   units, career schools, [and] accredited out-of-state institutions   of higher education, and registered apprenticeship programs on   behalf of beneficiaries; and                (3)  make refunds under prepaid tuition contracts.          SECTION 8.  Sections 54.769(b) and (c), Education Code, are   amended to read as follows:          (b)  The rights of a purchaser, beneficiary, or successor in   interest of a purchaser or beneficiary in and under a prepaid   tuition contract and the payment of tuition and required fees for a   beneficiary under a prepaid tuition contract to a general academic   teaching institution, two-year institution of higher education,   private or independent institution of higher education, medical and   dental unit, career school, [or] accredited out-of-state   institution of higher education, or registered apprenticeship   program under this chapter are exempt from attachment, levy,   garnishment, execution, and seizure for the satisfaction of any   debt, judgment, or claim against a purchaser, beneficiary, or   successor in interest of a purchaser or beneficiary.          (c)  A claim or judgment against a purchaser, beneficiary, or   successor in interest of a purchaser or beneficiary does not impair   or entitle the claim or judgment holder to assert or enforce a lien   against:                (1)  the rights of a purchaser, beneficiary, or   successor in interest of a purchaser or beneficiary in and under a   prepaid tuition contract; or                (2)  the right of a beneficiary to the payment of   tuition and required fees to a general academic teaching   institution, two-year institution of higher education, private or   independent institution of higher education, medical and dental   unit, career school, [or] accredited out-of-state institution of   higher education, or registered apprenticeship program under a   prepaid tuition contract.          SECTION 9.  Section 54.774(a), Education Code, is amended to   read as follows:          (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 at a general   academic teaching institution, two-year institution of higher   education, private or independent institution of higher education,   medical and dental unit, career school, [or] accredited   out-of-state institution of higher education, or registered   apprenticeship program; or                (2)  is projected to graduate from high school not   later than the third anniversary of the date the program is   terminated.          SECTION 10.  Section 54.775(b), Education Code, is amended   to read as follows:          (b)  Notwithstanding Subsection (a), the board may release   information described by that subsection to a general academic   teaching institution, two-year institution of higher education,   private or independent institution of higher education, medical and   dental unit, career school, [or] accredited out-of-state   institution of higher education, or registered apprenticeship   program at which a beneficiary may enroll or is enrolled. The   institution, [or] unit, school, or program shall keep the   information confidential.          SECTION 11.  Section 54.801(1), Education Code, is amended   to read as follows:                (1)  "Accredited out-of-state institution of higher   education," "career school," "general academic teaching   institution," "medical and dental unit," "private or independent   institution of higher education," "registered apprenticeship   program," and "two-year institution of higher education" have the   meanings assigned by Section 54.751.          SECTION 12.  Section 54.806(b), Education Code, is amended   to read as follows:          (b)  Notwithstanding Subsection (a), the board or program   entity may release information described by Subsection (a) to the   extent required by a general academic teaching institution,   two-year institution of higher education, private or independent   institution of higher education, medical and dental unit, career   school, [or] accredited out-of-state institution of higher   education, or registered apprenticeship program at which a   beneficiary may enroll or is enrolled. The institution, unit, [or]   school, or program receiving information described by Subsection   (a) shall keep the information confidential.          SECTION 13.  The change in law made by this Act regarding the   application of prepaid tuition contract benefits to the payment of   tuition and required fees for a registered apprenticeship program   applies to contract benefits purchased under Subchapters F and H,   Chapter 54, Education Code, as amended by this Act, before, on, or   after the effective date of this Act.          SECTION 14.  This Act takes effect September 1, 2021.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1094 passed the Senate on   April 23, 2021, by the following vote: Yeas 31, Nays 0; and that   the Senate concurred in House amendment on May 28, 2021, by the   following vote: Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1094 passed the House, with   amendment, on May 25, 2021, by the following vote: Yeas 138,   Nays 1, one present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor