By Christian H.B. No. 1114
76R3085 CAG-D
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) "Instruction 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 promptly furnish:
2-4 (1) a list prepared under Subsection (b); and
2-5 (2) any information related to instructional materials
2-6 for the institution that the institution has provided to an
2-7 on-campus bookstore.
2-8 (d) An institution must provide to a retailer or other
2-9 provider of instructional materials the same opportunity as an
2-10 operator of an on-campus bookstore to:
2-11 (1) participate in any programs related to
2-12 instructional materials for the institution, including providing
2-13 information at student orientation or participating in a program of
2-14 repurchasing instructional materials;
2-15 (2) receive mailing lists or address labels of
2-16 students; or
2-17 (3) advertise in any publication or other mass media
2-18 product of the institution.
2-19 (e) An institution may not charge a provider of
2-20 instructional materials an amount greater than the amount charged
2-21 the operator of an on-campus bookstore for an activity described in
2-22 Subsection (c) or (d).
2-23 (f) If an institution provides a method for the extension of
2-24 credit or the ability of a student to charge or otherwise delay the
2-25 payment of the costs of instructional materials, including the
2-26 extension of credit under Section 51.929, the institution shall
2-27 provide any other person providing instructional materials with
3-1 equal access to the method of payment.
3-2 SECTION 2. Not later than July 1, 1999, each institution of
3-3 higher education shall:
3-4 (1) designate an officer or employee of the
3-5 institution to ensure the institution's compliance with Section
3-6 51.960, Education Code, as added by this Act; and
3-7 (2) provide notice to each known provider of
3-8 instructional materials doing regular business with students of the
3-9 institution information relating to the method that the institution
3-10 will use to comply with Section 51.960, Education Code, as added
3-11 by this Act.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended,
3-17 and that this Act take effect and be in force from and after its
3-18 passage, and it is so enacted.