87R4398 KJE-F

By: Creighton S.B. No. 1092

A BILL TO BE ENTITLED

AN ACT

relating to the disclosure of certain information regarding textbooks and learning content management systems by certain institutions of higher education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 51.452, Education Code, is amended by adding Subsection (e) to read as follows:

(e) If an institution of higher education designates in the institution's course schedule certain courses or sections of courses as having low textbook costs or a similar designation, the institution shall, in a prominent location in the schedule, state or provide an Internet website link to the criteria for that designation.

SECTION 2. Subchapter I, Chapter 51, Education Code, is amended by adding Section 51.456 to read as follows:

Sec. 51.456. AUTOMATIC CHARGES FOR TEXTBOOKS OR LEARNING CONTENT MANAGEMENT SYSTEMS. (a) Notwithstanding Section 51.451, in this section, "institution of higher education" has the meaning assigned by Section 61.003.

(b) An institution of higher education shall disclose to a student enrolled at the institution as provided by this section any automatic charges assessed by the institution or another entity to the student for textbooks or access to a learning content management system, including any charge for those items that is automatically assessed only to a student who qualifies for educational benefits under the federal Post-9/11 Veterans Educational Assistance Act of 2008 (38 U.S.C. Section 3301 et seq.) or any other federal law authorizing educational benefits for veterans.

(c) For a charge for textbooks described by Subsection (b) that is assessed based on the cost of required or recommended textbooks for a certain course or course section in which the student is enrolled, the institution of higher education shall:

(1) in a prominent location in the institution's course schedule under Section 51.452, state or provide an Internet website link to:

(A) the full amount of the charge;

(B) if a textbook is in a primarily electronic format, the terms under which the textbook publisher collects and uses student data obtained through a student's use of the textbook; and

(C) any provision that allows the student to opt in or opt out of the charge; and

(2) itemize the charge separately from any other charges assessed for the course or course section in the institution's billing to the student.

(d) For a charge for access to a learning content management system described by Subsection (b) or for a charge for textbooks described by that subsection that is assessed on a basis not described by Subsection (c), the institution of higher education shall:

(1) except as provided by Subsection (f), include the amount of the charge in the institution's tuition under Section 54.015; and

(2) in a prominent location in any written or electronic agreement authorizing the charge, disclose:

(A) if the charge is for access to a learning content management system or for a textbook in a primarily electronic format, the terms under which the system provider or textbook publisher collects and uses student data obtained through a student's use of the system or textbook; and

(B) any provision that allows the student to opt in or opt out of the charge.

(e) Notwithstanding any other provision of this title and except as provided by Subsection (f):

(1) a charge described by Subsection (c) is considered part of the institution of higher education's required fees for purposes of this title; and

(2) a charge described by Subsection (d) is considered part of the institution of higher education's tuition for purposes of this title.

(f) Subsections (d)(1) and (e) do not apply to a charge assessed only to students who opt in to paying the charge. A student is not considered to have opted in to paying the charge if:

(1) the textbooks or access to a learning content management system for which the charge is assessed is reasonably necessary for the student to participate in or successfully complete a course in which the student is enrolled; and

(2) for a charge for textbooks, the textbooks may only be legally obtained from the institution or certain vendors specified by the institution.

(g) Any agreement between an institution of higher education and an entity under which the institution agrees to assess or allows the entity to assess a charge described by Subsection (b) to students enrolled at the institution is public information under Chapter 552, Government Code.

SECTION 3. This Act applies beginning with the 2021 fall semester.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2021.