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  H.B. No. 1096
 
 
 
 
AN ACT
  relating to the provision of notice regarding the availability of
  higher education textbooks through multiple retailers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.9705 to read as follows:
         Sec. 51.9705.  NOTICE REGARDING AVAILABILITY OF TEXTBOOKS
  THROUGH MULTIPLE RETAILERS. (a) In this section:
               (1)  "Institution of higher education" has the meaning
  assigned by Section 61.003.
               (2)  "University-affiliated bookstore" means a
  bookstore that:
                     (A)  sells textbooks for courses offered by an
  institution of higher education, regardless of whether the
  bookstore is located on the campus of the institution; and
                     (B)  is operated by or with the approval of the
  institution through ownership, a management agreement, a lease or
  rental agreement, or otherwise.
         (b)  The Texas Higher Education Coordinating Board shall
  prescribe procedures by which each institution of higher education
  shall provide to each student enrolled at the institution written
  notice regarding the availability of required or recommended
  textbooks through university-affiliated bookstores and through
  retailers other than university-affiliated bookstores. The
  procedures must require the institution to provide the notice:
               (1)  to each student of the institution during the week
  preceding each fall and spring semester;
               (2)  to each student enrolled at the institution in a
  semester or summer term during the first three weeks of the semester
  or the first week of the summer term, as applicable; and
               (3)  to students or prospective students of the
  institution attending an orientation conducted by or for the
  institution.
         (c)  The notice shall be provided in a hard-copy or
  electronic format in a manner that ensures that the notice is
  reasonably likely to come to the attention of a student receiving
  the notice.  The notice must contain the following:
         "A student of this institution is not under any obligation to
  purchase a textbook from a university-affiliated bookstore.  The
  same textbook may also be available from an independent retailer,
  including an online retailer."
         (d)  The coordinating board shall adopt rules to administer
  this section.
         SECTION 2.  (a)  The change in law made by this Act applies
  beginning with the 2009 fall semester.
         (b)  The Texas Higher Education Coordinating Board shall
  adopt rules under Section 51.9705, Education Code, as added by this
  Act, as soon as practicable after this Act takes effect. For that
  purpose, the board may adopt the initial rules in the manner
  provided by law for adoption of emergency rules.
         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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1096 was passed by the House on April
  28, 2009, by the following vote:  Yeas 148, Nays 1, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1096 on May 20, 2009, by the following vote:  Yeas 132, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1096 was passed by the Senate, with
  amendments, on May 18, 2009, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor