By Brown of Brazos H.B. No. 2765 77R609 QS-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 51.943 to read as follows: 1-7 Sec. 51.943. INFORMATION RELATING TO INSTRUCTIONAL 1-8 MATERIALS. (a) In 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 of higher education must provide to a 2-10 retailer or other provider of instructional materials the same 2-11 opportunity as an 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 of higher education may not charge a 2-21 provider of instructional materials an amount greater than the 2-22 amount charged the operator of an on-campus bookstore for an 2-23 activity described in Subsection (c) or (d). 2-24 (f) If an institution of higher education provides a method 2-25 for the extension of credit or the ability of a student to charge 2-26 or otherwise delay the payment of the costs of instructional 2-27 materials, including the extension of credit under Section 51.929, 3-1 the institution shall provide any other person providing 3-2 instructional materials with equal access to the method of payment. 3-3 SECTION 2. (a) This Act applies only to a semester or term 3-4 that begins on or after the effective date of this Act. 3-5 (b) As soon as practicable on or after the effective date of 3-6 this Act, each institution of higher education shall: 3-7 (1) designate an officer or employee of the 3-8 institution to ensure the institution's compliance with Section 3-9 51.943, Education Code, as added by this Act; and 3-10 (2) provide to each known provider of instructional 3-11 materials doing regular business with students of the institution 3-12 information relating to the method that the institution will use to 3-13 comply with Section 51.943, Education Code, as added by this Act. 3-14 SECTION 3. This Act takes effect immediately if it receives 3-15 a vote of two-thirds of all the members elected to each house, as 3-16 provided by Section 39, Article III, Texas Constitution. If this 3-17 Act does not receive the vote necessary for immediate effect, this 3-18 Act takes effect September 1, 2001.