76R7220 CAG-D By Christian, Lewis of Orange, McReynolds, H.B. No. 1114 Brown of Brazos Substitute the following for H.B. No. 1114: By Wohlgemuth C.S.H.B. No. 1114 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the sale of instructional materials to students of 1-3 institutions of higher education. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter Z, Chapter 51, Education Code, is 1-6 amended by adding Section 51.960 to read as follows: 1-7 Sec. 51.960. INFORMATION RELATING TO TEXTBOOKS. (a) In 1-8 this section: 1-9 (1) "Institution of higher education" has the meaning 1-10 assigned by Section 61.003. 1-11 (2) "Instructional materials" means any printed 1-12 educational material, including textbooks, or any equipment or 1-13 supplies that a student is required or recommended to use in 1-14 connection with a course. 1-15 (3) "On-campus bookstore" means a store that sells 1-16 instructional materials, is located on the campus of an institution 1-17 of higher education, and is operated by or with the approval of the 1-18 institution. 1-19 (b) Each institution of higher education shall, before the 1-20 start of each semester, prepare a list of each course to be offered 1-21 at the institution. The list must include: 1-22 (1) the name of the person teaching the course; 1-23 (2) a description of any instructional materials 1-24 required or recommended for students enrolled in the course; and 2-1 (3) the anticipated enrollment in the course. 2-2 (c) An institution of higher education, on request of any 2-3 person, shall furnish not later than one business day after the 2-4 date of the request: 2-5 (1) a list prepared under Subsection (b); and 2-6 (2) any information related to instructional materials 2-7 for the institution that the institution has provided to an 2-8 on-campus bookstore. 2-9 (d) An institution must provide to a retailer or other 2-10 provider of instructional materials the same opportunity as an 2-11 operator of an on-campus bookstore to: 2-12 (1) participate in any programs related to 2-13 instructional materials for the institution, including providing 2-14 information at student orientation or participating in a program of 2-15 repurchasing instructional materials; 2-16 (2) receive mailing lists or address labels of 2-17 students; or 2-18 (3) advertise in any publication or other mass media 2-19 product of the institution. 2-20 (e) An institution may not charge a provider of 2-21 instructional materials an amount greater than the amount charged 2-22 the operator of an on-campus bookstore for an activity described in 2-23 Subsection (c) or (d). 2-24 (f) If an institution provides a method for the extension of 2-25 credit or the ability of a student to charge or otherwise delay the 2-26 payment of the costs of instructional materials, including the 2-27 extension of credit under Section 51.929, the institution shall 3-1 provide any other person providing instructional materials with 3-2 equal access to the method of payment. 3-3 SECTION 2. Not later than July 1, 1999, each institution of 3-4 higher education shall: 3-5 (1) designate an officer or employee of the 3-6 institution to ensure the institution's compliance with Section 3-7 51.960, Education Code, as added by this Act; and 3-8 (2) provide notice to each known provider of 3-9 instructional materials doing regular business with students of the 3-10 institution information relating to the method that the institution 3-11 will use to comply with Section 51.960, Education Code, as added 3-12 by this Act. 3-13 SECTION 3. The importance of this legislation and the 3-14 crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended, 3-18 and that this Act take effect and be in force from and after its 3-19 passage, and it is so enacted.