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.