|
|
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. |