80R4575 KEL-D

By: Herrero H.B. No. 960

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 51.969 to read as follows:

Sec. 51.969. 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)(2), 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, 2008, for a period of one or more academic years beginning with the 2008-2009 academic year, each governing board of an institution of higher education shall adopt the policy required by Section 51.969, Education Code, as added by this Act, for that institution, and not later than August 1, 2008, shall file a copy of the policy with the Texas Higher Education Coordinating Board.

SECTION 3. This Act takes effect September 1, 2007.