81R6845 KEL-D

By: Vo H.B. No. 1733

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting inducements to employees of a public institution of higher education for requiring or recommending textbooks or instructional materials.

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

SECTION 1. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.9701 to read as follows:

Sec. 51.9701. POLICY PROHIBITING INDUCEMENT FOR TEXTBOOK SELECTION. (a) In this section, "governing board" and "institution of higher education" have the meanings assigned by Section 61.003.

(b) The governing board of each institution of higher education shall adopt a policy that prohibits an employee of the institution from requesting or receiving any inducement for requiring students of the institution to purchase or use, or for recommending that students purchase or use, a specific textbook or other instructional material for course work or instruction at the institution. The policy must include a description of the sanctions that may apply to an employee who violates the policy.

(c) For purposes of Subsection (b), an inducement does not include:

(1) any textbook or instructional material that is not for sale, such as a sample copy or instructor's copy; or

(2) a royalty or other compensation received by an employee from the sale of one or more textbooks or items of instructional material based wholly or partly on the employee's own writing, work, or other contribution to the textbook or material.

(d) The governing board shall seek advice and comment from employees and students at the institution before adopting a policy under this section.

(e) The governing board shall make the policy available to the public by publishing the policy in the institution's catalog and by any other method the board considers appropriate.

(f) The governing board shall file a copy of the policy adopted under this section, and any amendments to that policy, with the Texas Higher Education Coordinating Board.

SECTION 2. Not later than January 1, 2010, each governing board of an institution of higher education shall adopt the policy required by Section 51.9701, Education Code, as added by this Act, for that institution, and not later than August 1, 2010, shall file a copy of the policy with the Texas Higher Education Coordinating Board.

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