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By:  Van de Putte                                                 S.B. No. 1716
	(In the Senate - Filed March 11, 2005; March 30, 2005, read 
first time and referred to Subcommittee on Higher Education; 
April 12, 2005, reported favorably to Committee on Education; 
April 25, 2005, reported adversely, with favorable Committee 
Substitute from Committee on Education by the following vote:  
Yeas 6, Nays 0; April 25, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1716                                   By:  Van de Putte


A BILL TO BE ENTITLED

AN ACT


relating to the sale of instructional materials 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 FOR BOOKSTORES RELATING TO 
INSTRUCTIONAL MATERIALS.  (a)  In this section:
		(1)  "Institution of higher education" has the meaning 
assigned by Section 61.003.
		(2)  "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.
		(3)  "University-affiliated bookstore" means a store 
that sells instructional materials, regardless of whether the store 
is located on the campus of an institution of higher education, and 
that 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 provide on 
request to a retailer or other provider of instructional materials 
any list of required or recommended instructional materials for a 
semester or other academic term at the same time the institution 
provides the list to the operator of a university-affiliated 
bookstore.
	(c)  To the extent that space for an activity described by 
this subsection is available, an institution of higher education 
shall provide to a retailer or other provider of instructional 
materials the same opportunity as an operator of a 
university-affiliated bookstore to participate in any programs 
related to the dissemination or provision of instructional 
materials for students of the institution, including providing 
information at student orientation or participating in a program of 
repurchasing instructional materials.
	(d)  An institution of higher education may not charge 
another provider of instructional materials an amount greater than 
the amount charged the operator of a university-affiliated 
bookstore for an activity described in Subsection (c).
	(e)  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 to students of the institution with equal 
access and opportunity to use or develop the same or similar method 
of payment at a reasonable cost to that person.
	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 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.
	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.



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