Texas Education Code 54.772 – Tax Exempt Status Requirements
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(a) This section is intended to meet the requirements of Section 529, Internal Revenue Code of 1986.
(b) A payment of an amount due to the fund for a prepaid tuition contract must be made in cash or cash equivalent. A person may not make a payment to the fund in excess of the amounts required to be paid under a prepaid tuition contract.
Terms Used In Texas Education Code 54.772
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Contract: A legal written agreement that becomes binding when signed.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(c) The board shall maintain a separate accounting for each beneficiary.
(d) The purchaser under a prepaid tuition contract and the beneficiary under the contract may not:
(1) control or direct the investment of payments under the contract or any earnings of the fund; or
(2) use any interest in the contract as security for a loan or other obligation.
(e) The board shall make reports required by the secretary of the United States Treasury.