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Exemption: Prepaid tuition plans

Citation: Stat. - Tex. Educ. Code Ann. §Â 54.639

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Tex. Educ. Code Ann. §Â 54.639 :
Subchapter F. Prepaid Higher Education Tuition Program

� 54.639. Exemption From Creditors' Claims

(a) Money in the fund is exempt from claims of creditors, including claims of creditors of a purchaser, a beneficiary, or a successor in interest of a purchaser or beneficiary.

(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 an institution of higher education or a private or independent institution of higher education 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 a 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 an institution of higher education or a private or independent institution of higher education under a prepaid tuition contract.
Last Amended: 1997
1997
Added by Acts 1995, 74th Leg., ch. 1032, � 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 522, � 8, eff. Sept. 1, 1997.
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