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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of instructional materials to students of |
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public institutions of higher education. |
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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 51.949 to read as follows: |
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Sec. 51.949. INFORMATION FOR BOOKSTORES RELATING TO |
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INSTRUCTIONAL MATERIALS. (a) In this section: |
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(1) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(2) "Instructional materials" means any printed or |
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computer-generated educational material, including textbooks, or |
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any equipment or supplies that a student is required or recommended |
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to use in connection with a course. |
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(3) "University-affiliated bookstore" means a store |
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that sells instructional materials, regardless of whether the store |
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is located on the campus of an institution of higher education, and |
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that is operated by or with the approval of the institution through |
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ownership or through a management, lease, rental, or similar |
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agreement. |
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(b) This section does not apply to an institution of higher |
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education with a university-affiliated bookstore if the bookstore |
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is owned and operated by the institution. |
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(c) Each institution of higher education shall make |
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available for public inspection through the Internet or in person a |
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list of required or recommended instructional materials for a |
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semester or other academic term at the same time the institution |
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provides the list to the operator of a university-affiliated |
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bookstore. |
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(d) To the extent that space for an activity described by |
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this subsection is available, an institution of higher education |
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shall provide to a retailer or other provider of instructional |
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materials that holds a sales tax permit issued to the provider under |
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Subchapter F, Chapter 151, Tax Code, the same opportunity as an |
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operator of a university-affiliated bookstore to participate in any |
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programs related to the dissemination or provision of instructional |
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materials for students of the institution, including providing |
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information at student orientation or participating in a program of |
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repurchasing instructional materials. If sufficient space is not |
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available for each provider of instructional materials, other than |
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an operator of a university-affiliated bookstore, that holds a |
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sales tax permit and that applies to participate in an activity |
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described by this subsection, the institution shall provide the |
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available space in the same order as those providers applied to |
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participate in the activity. |
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(e) An institution of higher education may charge to a |
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provider of instructional materials, other than an operator of a |
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university-affiliated bookstore, a reasonable fee for |
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participation in an activity described by Subsection (d). |
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(f) If an institution of higher education works in |
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conjunction with a university-affiliated bookstore to provide a |
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method for the extension of credit or the ability of a student to |
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charge or otherwise delay the payment of the costs of instructional |
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materials, including the extension of credit under Section |
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51.929(b), the institution shall provide to any other provider of |
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instructional materials to students of the institution that holds a |
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sales tax permit issued to the provider under Subchapter F, Chapter |
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151, Tax Code, equal access and opportunity to use or develop the |
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same or similar method of payment at a reasonable cost to that |
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person. |
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(g) Subsection (f) does not restrict an institution of |
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higher education from adopting or enforcing a policy that is |
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necessary to ensure the institution's compliance with a rule or |
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policy of the National Collegiate Athletic Association or of |
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another organization governing intercollegiate athletic |
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competition of which the institution is a member. |
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SECTION 2. (a) This Act applies only to a semester or term |
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that begins on or after the effective date of this Act. |
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(b) This Act does not affect the terms of a contract entered |
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into before the effective date of this Act. |
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(c) As soon as practicable on or after the effective date of |
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this Act, each public institution of higher education to which |
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Section 51.949, Education Code, as added by this Act, applies shall |
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designate an officer or employee of the institution to ensure the |
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institution's compliance with that section. |
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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. |