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.