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