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A BILL TO BE ENTITLED
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AN ACT
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relating to reducing the cost of college textbooks; providing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 51, Education Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. TEXTBOOKS |
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51.451. DEFINITIONS. In this subchapter: |
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(1) "Bundle" means a single package containing a |
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textbook along with other materials. |
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(2) "Board" has the meaning assigned by Section |
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61.003. |
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(3) "Commission" refers to the Texas Building and |
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Procurement Commission. |
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(4) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(5) "Open access publications" are peer reviewed |
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publications written by identified authors who are subject experts, |
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which are available free of charge over the Internet. |
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(6) "Textbook" means a book, a system of instructional |
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materials, or a combination of a book and supplementary |
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instructional materials that conveys information to the student or |
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otherwise contributes to the learning process. |
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(7) "University-affiliated bookstore" means a store |
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that sells textbooks, whether or not located on the campus of an |
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institution of higher education, that is operated by or with the |
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approval of the institution through ownership, a management |
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agreement, a lease or rental agreement, or otherwise. |
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51.452. COST CONSIDERATIONS. (a) Each faculty member shall |
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take cost into consideration in selecting textbooks required for |
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use in a course. |
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(b) A faculty member shall not require students to purchase |
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any textbook that is not expected to be used in the course. |
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(c) Faculty members shall consider the use of open access |
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publications where such publications are more economical than |
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textbooks and provide the necessary content for the course. |
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(d) The board shall monitor costs of textbooks and |
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periodically recommend to the legislature ways to lower the costs |
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of textbooks for students at institutions of higher education. |
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51.453. LENGTH OF USE. (a) Except as provided by |
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Subsection (b), each textbook that a student is required to use |
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shall be in print for no fewer than three years from initial release |
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without being superseded by a newer edition. |
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(b) A faculty member may require a textbook that is revised |
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more frequently than allowed by this section for a valid |
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educational or cost reason with approval of the department chair or |
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other official designated by the university. |
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51.454. LIST OF REQUIRED TEXTBOOKS. (a) Each institution |
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of higher education shall compile a list of required textbooks for |
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each course and post that list on a website available to students. |
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The list must include the International Standard Book Number for |
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each textbook, if one has been assigned. |
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(b) An institution shall post the list required under |
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Subsection (a) as soon as practicable and in no event later than one |
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week after such information is made available to the |
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university-affiliated bookstore. |
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(c) Each institution of higher education shall set a |
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deadline for submission of textbook lists by faculty that will |
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allow for timely placement of orders. |
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51.455. SALE AND ADVERTISING. (a) An institution of higher |
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education shall not restrict a retailer or other provider of |
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textbooks from advertising or promoting on campus except as such |
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restrictions apply to advertising or promoting on campus in |
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general, except that this subsection does not require that |
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competitive advertising be allowed within the confines of a |
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university-affiliated bookstore. |
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(b) If an institution of higher education works in |
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conjunction with a university-affiliated bookstore to provide a |
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method for the extension of credit or the ability of a student to |
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charge or otherwise delay the payment of the costs of instructional |
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materials, including the extension of credit under Section |
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51.929(b), the institution shall, to the extent practicable, |
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establish similar arrangements with other retailers that sell |
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required textbooks. The institution may set reasonable conditions |
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for a retailer to meet but such conditions may not be used to |
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provide a substantial advantage to the university-affiliated |
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bookstore. |
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51.456. BUNDLES. (a) A university-affiliated bookstore |
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shall not sell instructional materials as a bundle unless: |
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(1) all items in the bundle are required by a faculty |
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member; or |
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(2) the bundle price is lower than the total price of |
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all of the required materials sold separately. |
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(b) A faculty member shall not require a bundle unless: |
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(1) all materials in the bundle are intended to be used |
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in the course; or |
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(2) the bundle price is lower than the total price of |
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the materials intended to be used in the course sold separately. |
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(c) A university-affiliated bookstore that allows students |
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to return textbooks shall not penalize a student for opening a |
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required bundle or opening materials within the bundle as long as |
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all other conditions of the return policy are met. |
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51.457. STATE PURCHASING PRICE FOR TEXTBOOKS. |
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(a) The commission shall negotiate discount pricing with |
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publishers of textbooks used in institutions of higher education. |
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If the publisher and the commission reach an agreement on prices, |
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they shall enter into a contract for the publisher to sell textbooks |
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to university-affiliated bookstores at discounted prices. |
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(b) University-affiliated bookstores that purchase |
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textbooks from publishers at discounted prices, as provided by |
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Subsection (a), shall reflect the discount in the retail price |
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charged to students. |
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(c) Only textbooks meeting the requirements of Sections |
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51.453 and 51.456 may be covered by the contracts under this |
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section. |
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(d) At least two months in advance of the deadline as |
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established by Section 51.453 (c), the commission shall make a list |
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of books subject to discount pricing under this section. The |
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commission shall post this list on the Internet. |
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(e) The commission may adopt rules necessary to administer |
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this section. |
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51.458. ACCEPTING REBATE ON TEXTBOOKS PROHIBITED. (a) A |
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college or university trustee, administrator, or faculty member |
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commits an offense if that person receives any commission or rebate |
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on any textbooks used in the institutions with which the person is |
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associated as a trustee, administrator, or faculty member. |
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(b) A college or university trustee, administrator, or |
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faculty member commits an offense if the person accepts a gift, |
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favor, or service that: |
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(1) is given to the person or the person's institution; |
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and |
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(2) might reasonably tend to influence a trustee, |
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administrator, or faculty member in the selection of a textbook. |
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(c) An offense under this section is a Class B misdemeanor. |
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(d) In this section, "gift, favor, or service" does not |
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include: |
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(1) staff development, in-service, or faculty |
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training; |
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(2) sample copies, instructor's copies or |
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instructional materials, such as maps or worksheets, that convey |
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information to the student or otherwise contribute to the learning |
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process; or |
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(3) royalties or other compensation from sales of |
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textbooks for a faculty member's own writing or work. |
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51.459. OPEN ACCESS PUBLICATIONS. The board shall work with |
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institutions of higher education and others to facilitate the |
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development of open access publications. |
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SECTION 2. The change in law made by adding Section 51.458, |
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Education Code applies only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is covered by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense is committed |
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before the effective date of this Act if any element of the offense |
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occurs before the effective date. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on September 1, 2007. |