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.