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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of instructional materials to students of |
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public institutions of higher education. |
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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 51.949 to read as follows: |
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Sec. 51.949. FAIR TREATMENT OF INDEPENDENT BOOKSTORES. (a) |
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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) "Instructional materials" means any printed or |
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computer-generated educational material, including textbooks, or |
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any equipment or supplies that a student is required or recommended |
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to use in connection with a course at an institution of higher |
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education. |
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(3) "University-affiliated bookstore" means a store |
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that sells instructional materials, regardless of whether the store |
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is located on the campus of an institution of higher education, and |
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that is operated by or with the approval of the institution through |
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ownership or through a management, lease, rental, or similar |
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agreement. |
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(b) This section does not apply to an institution of higher |
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education with a university-affiliated bookstore if the bookstore |
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is owned and operated by the institution. |
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(c) Each institution of higher education shall make |
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available for public inspection through the Internet or in person a |
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list of required or recommended instructional materials for a |
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semester or other academic term at the same time the institution |
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provides the list to the operator of a university-affiliated |
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bookstore. |
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(d) An institution of higher education shall provide to a |
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retailer or other provider of instructional materials that holds a |
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sales tax permit issued to the provider under Subchapter F, Chapter |
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151, Tax Code, including the operator of a university-affiliated |
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bookstore, a variety of opportunities to participate in any |
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promotional activities related to the sale or repurchase of |
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instructional materials to or from students of the institution. A |
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provider of instructional materials, other than an operator of a |
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university-affiliated bookstore, may conduct the promotional |
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activities described by this subsection only during the following |
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periods: |
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(1) during the week preceding each semester or summer |
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term; |
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(2) during the first week of each semester or summer |
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term; |
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(3) during any student orientation conducted by or for |
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the institution; and |
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(4) during the two-week period preceding the last |
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final examination administered during each semester or summer term. |
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(e) An institution of higher education may not discriminate |
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among providers of instructional materials in providing |
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opportunities to participate in an activity described by Subsection |
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(d). If in relation to a specific activity sufficient space is not |
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available for each provider of instructional materials, other than |
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an operator of a university-affiliated bookstore, that holds a |
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sales tax permit and that applied to participate in the activity, |
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the institution shall provide the available space in the same order |
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as those providers applied to participate in the activity. |
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(f) Subsections (d) and (e) do not permit any provider of |
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instructional materials that is not an operator of a |
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university-affiliated bookstore to sell or repurchase |
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instructional materials on the campus of the institution. |
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(g) An institution of higher education may charge to a |
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provider of instructional materials, other than an operator of a |
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university-affiliated bookstore, a reasonable fee for |
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participation in an activity described by Subsection (d). |
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(h) If an institution of higher education works with a |
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university-affiliated bookstore to provide a method for the |
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extension of credit or the ability of a student to charge or |
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otherwise delay the payment of the costs of instructional |
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materials, including the extension of credit under Section |
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51.929(b), the institution shall provide to any other provider of |
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instructional materials to students of the institution that holds a |
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sales tax permit issued to the provider under Subchapter F, Chapter |
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151, Tax Code, equal access and opportunity to use or develop the |
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same or similar method of payment at a reasonable cost to that |
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person. |
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(i) Subsection (h) does not restrict an institution of |
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higher education from adopting or enforcing a policy that is |
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necessary to ensure the institution's compliance with a rule or |
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policy of the National Collegiate Athletic Association or of |
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another organization governing intercollegiate athletic |
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competition of which the institution is a member. |
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SECTION 2. (a) Section 51.949, Education Code, as added by |
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this Act, applies only to a semester or term that begins on or after |
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the effective date of this Act. |
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(b) Section 51.949, Education Code, as added by this Act, |
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does not affect the terms of a contract entered into before the |
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effective date of this Act, except that if the contract is renewed, |
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modified, or extended on or after the effective date of this Act, |
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Section 51.949 applies to the contract beginning on the date of |
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renewal, modification, or extension. |
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(c) As soon as practicable on or after the effective date of |
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this Act, each public institution of higher education to which |
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Section 51.949, Education Code, as added by this Act, applies shall |
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designate an officer or employee of the institution to ensure the |
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institution's compliance with that section. |
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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, 2011. |