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A BILL TO BE ENTITLED
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AN ACT
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relating to certain automatic charges for instructional materials |
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assessed to students enrolled at a public institution of higher |
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education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 54, Education Code, is |
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amended by adding Section 54.5012 to read as follows: |
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Sec. 54.5012. CERTAIN AUTOMATIC CHARGES FOR INSTRUCTIONAL |
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MATERIALS. (a) In this section: |
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(1) "Instructional material" means content in any |
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medium or combination of media used or intended to be used for |
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conveying information to a student. The term includes a book, |
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supplementary material, computer software, magnetic media, DVD, |
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CD-ROM, computer courseware, online subscription, streaming video, |
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or other means of conveying content to a student or otherwise |
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contributing to the learning process through electronic means and |
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any package or bundle of such media. |
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(2) "Open educational resource" has the meaning |
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assigned by Section 51.451. |
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(b) An institution of higher education may not assess, or |
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enter into an agreement with an entity that allows the entity to |
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assess, an automatic charge for instructional materials required or |
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recommended for a course or course section to a student enrolled in |
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that course or course section unless: |
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(1) the charge is significantly less than the price at |
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which the student could acquire from any generally available source |
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the same or substantially similar instructional materials in a |
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similar format and condition and, if applicable, under similar |
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rental or digital access terms; |
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(2) the instructional materials are made available to |
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the student not later than: |
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(A) the first day of the semester or term, if the |
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student enrolls in the course or course section at least seven days |
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before the first day of the semester or term; or |
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(B) the seventh day after enrollment in the |
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course or course section; |
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(3) the institution assesses the charge only if: |
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(A) the student opts in to the charge; and |
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(B) the instructional materials are not |
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reasonably necessary for a student to participate in or |
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successfully complete the course or course section; and |
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(4) the listing for the course or course section in the |
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institution's course schedule under Section 51.452 states or |
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provides an Internet website link to the full amount of the charge |
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separately from any other charges assessed for the course or course |
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section. |
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(c) An institution of higher education may not calculate the |
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amount of a charge described by Subsection (b) on any basis other |
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than the cost of the instructional materials unless: |
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(1) the institution adopts a policy to ensure that the |
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charge is not assessed to a student for a course or course section |
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for which all required instructional materials are generally |
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available at no cost in at least one form to the student, such as an |
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open educational resource or other materials generally available at |
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no cost through the institution's library or to all students |
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enrolled in the course or course section; and |
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(2) the amount of the charge, including any increase |
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in the charge, is approved by a majority vote of the students voting |
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in an election held for that purpose. |
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(d) An agreement between an institution of higher education |
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and an entity under which the institution allows the entity to |
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assess a charge described by Subsection (b) to students enrolled at |
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the institution: |
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(1) may not provide for a discount or other incentive |
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or a charge or other penalty based on the number or percentage of: |
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(A) students to whom the charge is assessed; or |
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(B) courses or course sections for which the |
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charge is assessed; |
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(2) must prohibit the entity from engaging in or |
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authorizing a third party to engage in, except as specifically |
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provided by the agreement, the sale, disclosure, licensing, use, |
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retention, or other exploitation of any data collected under the |
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agreement, including any personally identifiable information, |
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location data, anonymized data, or materials derived from that |
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data; and |
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(3) is public information under Chapter 552, |
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Government Code, and may not be excepted from required disclosure |
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under any applicable exceptions under that chapter. |
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(e) An institution of higher education may not deny, or |
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enter into an agreement with an entity that allows the entity to |
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deny, a student enrolled at the institution access to instructional |
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materials for which a charge described by Subsection (b) has been or |
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would otherwise be assessed to the student based on the student's |
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refusal or failure to agree to the sale, disclosure, licensing, |
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use, retention, or other exploitation of the student's data that |
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may be obtained through the student's use of the instructional |
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materials. |
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SECTION 2. (a) Except as provided by Subsection (b) of this |
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section, Section 54.5012, Education Code, as added by this Act, |
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applies beginning with the 2021 fall semester. |
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(b) The changes in law made by this Act apply only to an |
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agreement entered into, extended, or renewed on or after September |
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1, 2021. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |