By: Kolkhorst S.B. No. 915

(Zerwas)

A BILL TO BE ENTITLED

AN ACT

relating to the establishment and administration by the Texas Higher Education Coordinating Board of a textbook affordability pilot program at a public institution of higher education.

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

SECTION 1. Subchapter C, Chapter 61, Education Code, is amended by adding Section 61.0667 to read as follows:

Sec. 61.0667. TEXTBOOK AFFORDABILITY PILOT PROGRAM. (a) In this section:

(1) "College bookstore" means a bookstore that is:

(A) operated by an institution of higher education; or

(B) in a contractual relationship or otherwise affiliated with an institution of higher education.

(2) "Electronic textbook" means a textbook accessed through computer software, interactive videodisc, magnetic media, CD-ROM, computer courseware, online services, an electronic medium, or other means of conveying information to the student or otherwise contributing to the learning process through electronic means, including an open-source textbook.

(3) "Eligible institution" means an institution of higher education that has:

(A) a total undergraduate student enrollment of more than 18,000; and

(B) a college bookstore.

(4) "Open-source textbook" means an electronic textbook that is available for downloading from the Internet at no charge to a student and without requiring the purchase of an unlock code, membership, or other access or use charge, except for a charge to order an optional printed copy of all or part of the textbook.

(b) The board shall establish and administer a pilot program to encourage the use of affordable textbooks at institutions of higher education. The board shall select one eligible institution to participate in the pilot program.

(c) The board by rule shall establish the application process and selection criteria for participation in the pilot program. If no eligible institutions apply, the board may select any eligible institution to participate in the pilot program.

(d) The board shall designate one academic department of the selected eligible institution to implement the pilot program. The designated department shall:

(1) to the greatest extent possible, use electronic or open-source textbooks, open educational resources, public domain material, or other free or low-cost textbooks or textbook alternatives for each course offered through the department;

(2) notify the institution's college bookstore of each textbook or textbook alternative that has been adopted for use in a course offered through the department and that will be distributed through the bookstore; and

(3) maintain records of the cost of textbooks and textbook alternatives for each course offered through the department for the duration of the pilot program.

(e) On receipt of notice from the designated department under Subsection (d)(2), the selected eligible institution's college bookstore shall notify the designated department of the anticipated cost to a student of each textbook or textbook alternative that has been adopted for use in a course offered through the department and that will be distributed through the bookstore.

(f) Not later than December 1, 2018, the board shall submit to the governor, lieutenant governor, speaker of the house of representatives, and presiding officer of each standing legislative committee with primary jurisdiction over higher education a report on the success of the pilot program under this section and any recommendations for legislative or other action. The report must include a comparison of the average cost of textbooks for courses offered through the department designated under Subsection (d) to implement the pilot program and for courses offered through departments at other institutions of higher education that have implemented a similar textbook affordability program.

(g) On request by the board, the eligible institution selected to participate in the pilot program shall assist in preparing the report required under Subsection (f).

(h) The board may solicit and accept gifts, grants, and donations from any public or private source to prepare the report and develop recommendations as required by Subsection (f).

(i) The board shall adopt rules as necessary to implement this section.

(j) This section expires September 1, 2019.

SECTION 2. The Texas Higher Education Coordinating Board shall implement the pilot program required under Section 61.0667, Education Code, as added by this Act, beginning with the 2015-2016 academic year.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.