By: Hochberg H.B. No. 956
 
 
A BILL TO BE ENTITLED
AN ACT
relating to reducing the cost of college textbooks; providing a
penalty.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 51, Education Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. TEXTBOOKS
       51.451.  DEFINITIONS.  In this subchapter:
             (1)  "Bundle" means a single package containing a
textbook along with other materials.
             (2)  "Board" has the meaning assigned by Section
61.003.
             (3)  "Commission" refers to the Texas Building and
Procurement Commission.
             (4)  "Institution of higher education" has the meaning
assigned by Section 61.003.
             (5)  "Open access publications" are peer reviewed
publications written by identified authors who are subject experts,
which are available free of charge over the Internet.
             (6)  "Textbook" means a book, a system of instructional
materials, or a combination of a book and supplementary
instructional materials that conveys information to the student or
otherwise contributes to the learning process.
             (7)  "University-affiliated bookstore" means a store
that sells textbooks, whether or not located on the campus of an
institution of higher education, that is operated by or with the
approval of the institution through ownership, a management
agreement, a lease or rental agreement, or otherwise.
       51.452.  COST CONSIDERATIONS.  (a)  Each faculty member shall
take cost into consideration in selecting textbooks required for
use in a course.
       (b)  A faculty member shall not require students to purchase
any textbook that is not expected to be used in the course.
       (c)  Faculty members shall consider the use of open access
publications where such publications are more economical than
textbooks and provide the necessary content for the course.
       (d)  The board shall monitor costs of textbooks and
periodically recommend to the legislature ways to lower the costs
of textbooks for students at institutions of higher education.
       51.453.  LENGTH OF USE.  (a)  Except as provided by
Subsection (b), each textbook that a student is required to use
shall be in print for no fewer than three years from initial release
without being superseded by a newer edition.
       (b)  A faculty member may require a textbook that is revised
more frequently than allowed by this section for a valid
educational or cost reason with approval of the department chair or
other official designated by the university.
       51.454.  LIST OF REQUIRED TEXTBOOKS.  (a)  Each institution
of higher education shall compile a list of required textbooks for
each course and post that list on a website available to students.
The list must include the International Standard Book Number for
each textbook, if one has been assigned.
       (b)  An institution shall post the list required under
Subsection (a) as soon as practicable and in no event later than one
week after such information is made available to the
university-affiliated bookstore.
       (c)  Each institution of higher education shall set a
deadline for submission of textbook lists by faculty that will
allow for timely placement of orders.
       51.455.  SALE AND ADVERTISING.  (a)  An institution of higher
education shall not restrict a retailer or other provider of
textbooks from advertising or promoting on campus except as such
restrictions apply to advertising or promoting on campus in
general, except that this subsection does not require that
competitive advertising be allowed within the confines of a
university-affiliated bookstore.
       (b)  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, to the extent practicable,
establish similar arrangements with other retailers that sell
required textbooks. The institution may set reasonable conditions
for a retailer to meet but such conditions may not be used to
provide a substantial advantage to the university-affiliated
bookstore.
       51.456.  BUNDLES.  (a)  A university-affiliated bookstore
shall not sell instructional materials as a bundle unless:
             (1)  all items in the bundle are required by a faculty
member; or
             (2)  the bundle price is lower than the total price of
all of the required materials sold separately.
       (b)  A faculty member shall not require a bundle unless:
             (1)  all materials in the bundle are intended to be used
in the course; or
             (2)  the bundle price is lower than the total price of
the materials intended to be used in the course sold separately.
       (c)  A university-affiliated bookstore that allows students
to return textbooks shall not penalize a student for opening a
required bundle or opening materials within the bundle as long as
all other conditions of the return policy are met.
       51.457.  STATE PURCHASING PRICE FOR TEXTBOOKS.
       (a)  The commission shall negotiate discount pricing with
publishers of textbooks used in institutions of higher education.
If the publisher and the commission reach an agreement on prices,
they shall enter into a contract for the publisher to sell textbooks
to university-affiliated bookstores at discounted prices.
       (b)  University-affiliated bookstores that purchase
textbooks from publishers at discounted prices, as provided by
Subsection (a), shall reflect the discount in the retail price
charged to students.
       (c)  Only textbooks meeting the requirements of Sections
51.453 and 51.456 may be covered by the contracts under this
section.
       (d)  At least two months in advance of the deadline as
established by Section 51.453 (c), the commission shall make a list
of books subject to discount pricing under this section. The
commission shall post this list on the Internet.
       (e)  The commission may adopt rules necessary to administer
this section.
       51.458.  ACCEPTING REBATE ON TEXTBOOKS PROHIBITED.  (a)  A
college or university trustee, administrator, or faculty member
commits an offense if that person receives any commission or rebate
on any textbooks used in the institutions with which the person is
associated as a trustee, administrator, or faculty member.
       (b)  A college or university trustee, administrator, or
faculty member commits an offense if the person accepts a gift,
favor, or service that:
             (1)  is given to the person or the person's institution;
and
             (2)  might reasonably tend to influence a trustee,
administrator, or faculty member in the selection of a textbook.
       (c)  An offense under this section is a Class B misdemeanor.
       (d)  In this section, "gift, favor, or service" does not
include:
             (1)  staff development, in-service, or faculty
training;
             (2)  sample copies, instructor's copies or
instructional materials, such as maps or worksheets, that convey
information to the student or otherwise contribute to the learning
process; or
             (3)  royalties or other compensation from sales of
textbooks for a faculty member's own writing or work.
       51.459.  OPEN ACCESS PUBLICATIONS.  The board shall work with
institutions of higher education and others to facilitate the
development of open access publications.
       SECTION 2.  The change in law made by adding Section 51.458,
Education Code applies only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is covered by the law in effect when the
offense was committed, and the former law is continued in effect for
that purpose. For purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before the effective date.
       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 on September 1, 2007.