1. (a) No savings trust account or prepaid tuition contract may be matched as provided in §7.163(a)(2) of this title (relating to Texas Save and Match Program Administration) unless:

   1. (1) the participant is the account owner of a savings trust account or the purchaser of a prepaid tuition contract;
   2. (2) the designated beneficiary is under 15 years of age; and
   3. (3) the designated beneficiary is eligible for free or reduced-price meals under the national free or reduced-price breakfast and lunch program during the current or most recent school year.

2. (b) The board may accept any of the following as proof that a designated beneficiary is eligible for free or reduced price meals under the national free or reduced price breakfast and lunch program:

   1. (1) evidence that a designated beneficiary is enrolled in the national free or reduced-price breakfast and lunch program;
   2. (2) evidence of the participant's household size and income in a form acceptable to the board; or
   3. (3) other evidence of eligibility for the national free or reduced price breakfast and lunch program in a form acceptable to the board.
3. (c) Contracts that are currently delinquent or those with a history of two or more delinquent payments are not eligible.
4. (d) The comptroller's office may enter into an agreement with the appropriate federal, state, or local government entities to confirm eligibility of participants or their designated beneficiaries.
5. (e) This section does not apply to awards made under §7.163(a)(1) of this title.

Source Note:The provisions of this §7.166 adopted to be effective July 1, 2012, 37 TexReg 4599.