81R3607 KEL-D

By: Shapiro S.B. No. 454

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) "Custom textbook" means a textbook that is compiled by a 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 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. DISSEMINATION OF COURSE SCHEDULE AND LIST OF REQUIRED AND RECOMMENDED 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 and recommended 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; and

(E) the International Standard Book Number assigned, if any;

(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 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 would make 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 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;

(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 would make the textbook or supplemental material in any alternative format available to a bookstore described by Subdivision (1) and, if applicable, to the public.

(b) A textbook publisher shall comply with this section with respect to a custom textbook only to the extent reasonably practicable.

Sec. 51.454. TEXTBOOK BUNDLES. A textbook publisher that offers a textbook bundle for sale directly to students enrolled at an institution of higher education or, for resale purposes, to a university-affiliated bookstore or other bookstore that generally serves the students of the institution shall also offer for sale to the students or bookstore, as applicable, each individual item of instructional material as a separate, unbundled item that is separately priced.

Sec. 51.455. ADMINISTRATIVE PENALTY. (a) The coordinating board shall adopt rules under which the coordinating board may impose a reasonable administrative penalty against a textbook publisher 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.

Sec. 51.456. TEXTBOOK SCHOLARSHIPS. (a) Revenue collected from administrative penalties imposed under Section 51.455 may be used only for awarding to students enrolled at institutions of higher education scholarships to cover the costs of textbooks and other instructional material.

(b) The coordinating board shall adopt rules to administer this section, including rules that establish criteria for awarding scholarships and criteria requiring scholarship recipients to demonstrate financial need.

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.