79R15690 KEL-D


By:  Herrero, et al.                                              H.B. No. 1184

Substitute the following for H.B. No. 1184:                                   

By:  Goolsby                                                  C.S.H.B. No. 1184



A BILL TO BE ENTITLED

AN ACT

relating to a policy regulating the use of the textbooks required 
for certain courses offered by public institutions of higher 
education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter Z, Chapter 51, Education Code, is 
amended by adding Section 51.968 to read as follows:
	Sec. 51.968.  POLICY REGULATING USE OF TEXTBOOKS REQUIRED 
FOR CORE CURRICULUM COURSES.  (a)  In this section:
		(1)  "Core curriculum" has the meaning assigned by 
Section 61.821.   
		(2)  "Governing board" and "institution of higher 
education" have the meanings assigned by Section 61.003.
	(b)  The governing board of each institution of higher 
education that offers courses in the core curriculum shall adopt a 
policy that regulates the use of the textbooks required for the core 
curriculum courses at that institution.  The policy:
		(1)  must encourage a faculty member to teach a core 
curriculum course using the same required textbooks and the same 
editions of those textbooks to the extent practicable from one 
academic year to the next;
		(2)  must require that, absent good cause for a change 
as determined by the governing board on application of the 
appropriate faculty member, department, or school, the same 
required textbook and textbook edition, or required textbooks and 
editions, as applicable, be used for a period of at least three 
academic years in a specific section of a core curriculum course or 
in a specific core curriculum course that does not have sections, 
regardless of how frequently the institution offers the section or 
course during that period; and
		(3)  may provide that, as applied to any specific 
section or course, the period described by Subdivision (2) may 
include one or more academic years occurring immediately before the 
policy takes effect.
	(c)  Subsection (b)(2) does not apply to a textbook 
recommended but not required by the faculty member for a core 
curriculum course.
	(d)  For purposes of Subsection (b), good cause for changing 
the textbook requirements for a section or course includes ensuring 
that textbooks and textbook editions reflect significant advances 
in knowledge or technology affecting the subject matter of the 
section or course.
	(e)  The governing board must determine whether good cause 
exists for changing a textbook requirement not later than the 90th 
day after the date the application for the change is submitted to 
the board by a faculty member, department, or school.
	(f)  The governing board shall seek advice and comment from 
faculty and students at the institution before adopting a policy 
under this section.
	(g)  The governing board shall make the policy available to 
the public by publishing the policy in the institution's catalog 
and by any other method the board considers appropriate.
	(h)  The governing board shall file a copy of the policy 
adopted under this section, and any amendments to that policy, with 
the Texas Higher Education Coordinating Board.
	SECTION 2.  Not later than January 1, 2006, for one or more 
academic years beginning with the 2006-2007 academic year, each 
governing board of an institution of higher education shall adopt 
the policy required by Section 51.968, Education Code, as added by 
this Act, for that institution, and not later than August 1, 2006, 
shall file a copy of the policy with the Texas Higher Education 
Coordinating Board.
	SECTION 3.  This Act takes effect September 1, 2005.