|
|
|
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; |
|
authorizing a penalty. |
|
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) "Faculty member" has the meaning assigned by |
|
Section 51.917. |
|
(3) "Institution of higher education" has the meaning |
|
assigned by Section 61.003. |
|
(4) "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 |
|
material that is part of an integrated textbook. |
|
(5) "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. |
|
(6) "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. DISSEMINATION OF COURSE SCHEDULE AND LIST OF |
|
REQUIRED TEXTBOOKS. (a) Each institution of higher education |
|
shall: |
|
(1) for each semester or academic term, compile a |
|
course schedule indicating each course offered for the semester or |
|
term to postsecondary students by the institution; |
|
(2) include with the schedule a list of required |
|
textbooks that specifies, for each textbook in each course, the |
|
following information to the extent practicable: |
|
(A) the retail price; |
|
(B) the author; |
|
(C) the publisher; |
|
(D) the most recent copyright date; |
|
(E) the International Standard Book Number |
|
assigned, if any; and |
|
(F) the availability of the textbook in an |
|
electronic format; |
|
(3) at the time required by Subsection (b)(2), publish |
|
the course schedule and textbook list in hard copy format and on the |
|
institution's Internet website and make the information available |
|
to university-affiliated bookstores and other bookstores that |
|
generally serve the students of the institution; and |
|
(4) as soon as practicable after the information |
|
becomes available, disseminate as required by Subdivision (3) |
|
specific information regarding any revisions to the institution's |
|
course schedule and textbook list. |
|
(b) To allow for timely placement of textbook orders by |
|
students, each institution of higher education shall: |
|
(1) establish a deadline by which faculty members must |
|
submit information to be included in the course schedule and |
|
textbook list required by Subsection (a); and |
|
(2) disseminate the institution's course schedule and |
|
textbook list as required by Subsection (a)(3) as soon as |
|
practicable after the institution has compiled the schedule and |
|
list but not later than the 30th day before the first day that |
|
classes are conducted for the semester or other academic term for |
|
which the schedule and list are compiled. |
|
Sec. 51.453. TEXTBOOK PUBLISHERS: AVAILABILITY OF |
|
INFORMATION TO FACULTY CONCERNING ELECTRONIC TEXTBOOKS. 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) information as to whether the textbook or |
|
supplemental material is available in an electronic format; and |
|
(2) if applicable, the price at which the publisher |
|
will make the electronic textbook or supplemental material |
|
available to a university-affiliated bookstore or other bookstore |
|
that generally serves the students of the institution. |
|
Sec. 51.454. UNIVERSITY-AFFILIATED BOOKSTORES: |
|
AVAILABILITY OF INFORMATION TO STUDENTS CONCERNING ELECTRONIC |
|
TEXTBOOKS. An institution of higher education shall require, as a |
|
condition of an affiliation agreement or otherwise, a |
|
university-affiliated bookstore affiliated with the institution to |
|
disclose, on request by any person, information regarding: |
|
(1) whether a specific textbook or specific |
|
supplemental material is available in an electronic format; and |
|
(2) if applicable, the price at which the electronic |
|
textbook or supplemental material is available to the students of |
|
the institution. |
|
Sec. 51.455. STUDY ON USE AND AVAILABILITY OF ELECTRONIC |
|
TEXTBOOKS. (a) The coordinating board shall conduct a study and |
|
recommend policies regarding the use and availability of electronic |
|
textbooks in higher education in this state and in other states. |
|
The study and policy recommendations must include a specific focus |
|
on the results of the pilot program implemented by The University of |
|
Texas at Austin with respect to the use of electronic textbooks and |
|
must address methods for encouraging the use of electronic |
|
textbooks at public or private institutions of higher education in |
|
this state. |
|
(b) Each student regent serving under Section 51.355 or |
|
51.356 shall assist the coordinating board in performing the |
|
board's duties under Subsection (a). The coordinating board shall |
|
establish procedures to assist a student regent in complying with |
|
this subsection. |
|
(c) The coordinating board may solicit and accept gifts and |
|
grants from any public or private source to conduct the study and |
|
develop policy recommendations under this section. |
|
(d) Not later than December 1, 2010, the coordinating board |
|
shall make an initial report and recommendations based on the study |
|
to the governor, lieutenant governor, speaker of the house of |
|
representatives, and presiding officer of each legislative |
|
standing committee with primary jurisdiction over higher |
|
education. This subsection expires January 31, 2011. |
|
Sec. 51.456. ADMINISTRATIVE PENALTY. (a) The coordinating |
|
board shall adopt rules under which the coordinating board may |
|
impose a reasonable administrative penalty against a person that |
|
knowingly violates this subchapter. The rules must provide for the |
|
coordinating board to hold a hearing to determine whether a penalty |
|
is to be imposed and the amount of any penalty. The coordinating |
|
board shall base the amount of any penalty on: |
|
(1) the seriousness of the violation; |
|
(2) any history of a previous violation; |
|
(3) the amount necessary to deter a future violation; |
|
(4) any effort to correct the violation; and |
|
(5) any other matter justice requires. |
|
(b) The attorney general may bring an action to collect an |
|
administrative penalty that is not paid as directed by the |
|
coordinating board. |
|
SECTION 2. (a) Subchapter I, Chapter 51, Education Code, as |
|
added by this Act, applies beginning with the 2010 fall semester. |
|
(b) Section 51.454, Education Code, as added by this Act, |
|
does not affect the terms of an affiliation contract or agreement |
|
entered into before the effective date of this Act, except that if |
|
the contract or agreement is renewed, modified, or extended on or |
|
after the effective date of this Act, Section 51.454 applies to the |
|
contract or agreement beginning on the date of renewal, |
|
modification, or extension. |
|
SECTION 3. This Act takes effect September 1, 2009. |