81R4172 KEL-D

By: Vo H.B. No. 1099

A BILL TO BE ENTITLED

AN ACT

relating to measures to increase the affordability of textbooks used for courses at public institutions of higher education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 51, Education Code, is amended by adding Subchapter I to read as follows:

SUBCHAPTER I. TEXTBOOKS

Sec. 51.451. DEFINITIONS. In this subchapter:

(1) "Coordinating board" means the Texas Higher Education Coordinating Board.

(2) "Custom textbook" means a textbook that is compiled by a textbook publisher at the direction of a faculty member or other person in charge of selecting course materials at an institution of higher education and that may include items such as selections from original instructor materials, previously copyrighted publisher materials, copyrighted third-party works, or elements unique to a specific institution.

(3) "Faculty member" has the meaning assigned by Section 51.917.

(4) "Institution of higher education" has the meaning assigned by Section 61.003.

(5) "Supplemental material," with respect to a textbook, means instructional material developed to accompany the textbook, including printed materials, computer disks, website access, and electronically distributed materials, other than instructional material that is part of an integrated textbook.

(6) "Textbook" means a book published primarily for instruction in connection with a particular course or courses offered to postsecondary students by an institution of higher education. The term includes any edition of a textbook or set of textbooks and any item considered supplemental specifically to the textbook, regardless of whether the textbook and supplemental item are sold together or separately.

(7) "Textbook bundle" means a textbook offered for sale, at a single price, in combination with other instructional material such as additional printed material, a computer disk, website access, or electronically distributed material. The term does not include a textbook that is combined with other instructional material, all of which is:

(A) required to be offered for sale with or as part of the textbook, according to a third-party contractual agreement; or

(B) interrelated with the content of the textbook to such a degree that any separation of the material from the textbook would render the textbook unusable for its intended purpose.

(8) "University-affiliated bookstore" means a bookstore that:

(A) sells textbooks for courses offered to postsecondary students 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.

Sec. 51.452. TEXTBOOK PUBLISHERS: AVAILABILITY OF INFORMATION CONCERNING TEXTBOOK PRICES, REVISIONS, AND COPYRIGHTS. (a) When a textbook publisher provides information regarding a textbook or supplemental material to a faculty member or other person in charge of selecting course materials at an institution of higher education, the publisher shall also provide to the faculty member or other person written information that includes:

(1) the price at which the publisher will make the textbook or supplemental material, and any textbook bundles containing the textbook or supplemental material, available to a university-affiliated bookstore or other bookstore that generally serves the students of the institution and, if applicable, to the faculty member, students, and the public;

(2) the history of any substantial revisions to the textbook or supplemental material, including the addition of new chapters, new material covering additional time periods, new themes, or new subject matter;

(3) the copyright dates of the current and three preceding editions of the textbook and the length of time the publisher expects the current edition to remain on the market;

(4) information as to whether the textbook or supplemental material is available in other formats, such as a paperback or unbound version; and

(5) the price at which the publisher will make the textbook or supplemental material in any alternative format available to a bookstore described by Subdivision (1) and, if applicable, to the faculty member, students, and the public.

(b) A textbook publisher shall make the information required by Subsection (a) available to the faculty member or other person:

(1) when the faculty member or other person orders or requests a copy of the textbook or supplemental material; and

(2) when the publisher provides a promotional or desk copy of the textbook or material to the faculty member or other person.

(c) A textbook publisher shall comply with this section with respect to a custom textbook or a special edition of a textbook only to the extent reasonably practicable.

Sec. 51.453. TEXTBOOK BUNDLES. A textbook publisher that offers a textbook bundle for sale directly to students enrolled at an institution of higher education or to faculty members of that institution or, for resale purposes, to a university-affiliated bookstore or other bookstore that generally serves students and faculty members of the institution shall also offer for sale to the faculty members, students, or bookstore, as applicable, each individual item of instructional material as a separate, unbundled item that is separately priced.

SECTION 2. Subchapter I, Chapter 51, Education Code, as added by this Act, applies beginning with the 2010 fall semester.

SECTION 3. This Act takes effect September 1, 2009.