The board must manage the plan, choose the plan manager, adopt implementing rules, control fees, review and approve materials, prevent excess contributions, monitor account activity, and file required tax-related statements.
Sec. 54.702. POWERS AND DUTIES OF BOARD. (a) The board shall: (1) develop and implement the plan in a manner consistent with this subchapter; (2) select the financial institution or institutions to serve as plan manager; and (3) adopt rules to implement this subchapter. (b) The board may seek rulings and other guidance from the United States Department of the Treasury, the Internal Revenue Service, and the Securities and Exchange Commission relating to the plan as necessary for proper implementation and development of the plan. The board shall make changes to the plan as necessary for savings trust account owners and beneficiaries of the plan to obtain or maintain federal income tax benefits or treatment provided by Section 529, Internal Revenue Code of 1986, as amended, and exemptions under federal securities laws. (c) The board shall collect administrative fees and service charges in connection with any agreement, contract, or transaction relating to the plan in amounts not exceeding the cost of establishing and maintaining the plan. (d) A savings trust agreement must be developed and approved by the board. The board shall review for compliance with applicable law and must approve in advance any informational materials that a plan manager provides to participants or potential participants in the plan. (e) The board shall adopt a policy to prevent contributions to an account on behalf of a beneficiary in excess of those necessary to pay the qualified higher education expenses of the beneficiary. (f) The board shall monitor contributions to and withdrawals from the plan and each plan account to ensure that any applicable limits on contributions or withdrawals are not exceeded. (g) The board shall prepare and file statements and information returns relating to accounts to the extent required by federal or state tax law. Added by Acts 2001, 77th Leg., ch. 1250, Sec. 1, eff. June 15, 2001. Amended by: Acts 2019, 86th Leg., R.S., Ch. 903 (H.B. 3655), Sec. 5, eff. June 10, 2019.