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A BILL TO BE ENTITLED
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AN ACT
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relating to measures to reduce faculty substitutions of certain |
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higher education textbooks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.955 to read as follows: |
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Sec. 51.955. MEASURES TO REDUCE FACULTY SUBSTITUTIONS OF |
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TEXTBOOKS. (a) In this section, "faculty member" has the meaning |
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assigned by Section 51.917. |
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(b) This section applies only to a textbook published |
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primarily for the instruction of undergraduate students enrolled at |
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institutions of higher education. |
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(c) Except as provided by Subsection (e), a faculty member |
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may not require or recommend for student use for a course an edition |
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of any textbook that was previously required or recommended for the |
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course by any faculty member of the institution if the edition was |
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published before the third anniversary of the date of publication |
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of the edition last required or recommended by a faculty member for |
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the course. |
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(d) Except as provided by Subsection (e), a faculty member |
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may not require or recommend an edition of a textbook for student |
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use for a course unless any of the information that may be needed to |
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update that edition: |
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(1) will or can be made available in a form that |
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permits the information to be included as an insert in that edition; |
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and |
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(2) will or can be made available for sale at one or |
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more bookstores that specialize in selling textbooks to students |
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enrolled at the applicable institution. |
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(e) A faculty member may require or recommend for student |
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use for a course an edition of a textbook otherwise prohibited by |
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Subsection (c) or (d) only if the chair of the department in which |
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the course is offered, or the chair's designee, determines that: |
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(1) the use of that edition: |
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(A) is necessary to provide adequate instruction |
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to students; or |
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(B) would cost students significantly less than |
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use of an alternative textbook; or |
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(2) other good cause exists for the use of that |
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edition. |
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SECTION 2. Section 51.955, Education Code, as added by this |
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Act, applies to use of a textbook by a faculty member at a public |
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institution of higher education beginning with the 2008 fall |
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semester. |
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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 September 1, 2007. |