80R1872 RMB-D
 
  By: Rose H.B. No. 2009
 
 
 
   
 
 
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)  This Act does not affect the terms of a contract entered
into before the effective date of this Act.
       (c)  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, 2007.