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79R8574 JRJ-D
By: Brown of Brazos H.B. No. 2488
A BILL TO BE ENTITLED
AN ACT
relating to the sale of instructional materials and other
merchandise to students of 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 51.949 to read as follows:
Sec. 51.949. INFORMATION RELATING TO INSTRUCTIONAL
MATERIALS AND BOOKSTORE MERCHANDISE. (a) In this section:
(1) "Bookstore merchandise" means any goods or
services offered for sale to a student at an institution of higher
education that are related to the attendance of the student at that
institution of higher education, including college or university
apparel or collectibles.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(3) "Instructional materials" means any printed or
computer-generated educational material, including textbooks, or
any equipment or supplies that a student is required or recommended
to use in connection with a course.
(4) "University-affiliated bookstore" means a store
that sells instructional materials or bookstore merchandise,
whether or not located on the campus of an institution of higher
education, and is operated by or with the approval of the
institution through ownership, a management agreement, a lease or
rental agreement, or otherwise.
(b) Each institution of higher education shall, not later
than the 45th day before the start of each semester, prepare a list
of each course to be offered at the institution. The list must
include:
(1) the name of the person teaching the course;
(2) a description of any instructional materials
required or recommended for students enrolled in the course; and
(3) the anticipated enrollment in the course.
(c) An institution of higher education, on request of any
person, shall furnish not later than one business day after the date
of the request:
(1) a list prepared under Subsection (b); and
(2) any information related to instructional
materials for the institution that the institution has provided to
a university-affiliated bookstore.
(d) An institution of higher education must provide to a
retailer or other provider of instructional materials or bookstore
merchandise the same opportunity as an operator of a
university-affiliated bookstore to:
(1) participate in any programs related to the
dissemination or provision of instructional materials or bookstore
merchandise for the institution, including providing information
at student orientation or participating in a program of
repurchasing instructional materials;
(2) receive mailing lists or address labels of
students; or
(3) advertise in any publication or other mass media
product of the institution.
(e) An institution of higher education may not charge a
provider of instructional materials or bookstore merchandise an
amount greater than the amount charged the operator of a
university-affiliated bookstore for an activity described in
Subsection (c) or (d).
(f) If an institution of higher education works in
conjunction with a university-affiliated bookstore to provide a
method for the extension of credit or the ability of a student to
charge or otherwise delay the payment of the costs of instructional
materials, including the extension of credit under Section
51.929(b), the institution shall provide any other person providing
instructional materials with equal access and opportunity to use
the same method of payment.
SECTION 2. (a) This Act applies only to a semester or term
that begins on or after the effective date of this Act.
(b) As soon as practicable on or after the effective date of
this Act, each institution of higher education shall:
(1) designate an officer or employee of the
institution to ensure the institution's compliance with Section
51.949, Education Code, as added by this Act; and
(2) provide to each known provider of instructional
materials or bookstore merchandise doing regular business with
students of the institution information relating to the method that
the institution will use to comply with Section 51.949, Education
Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.