By: Kolkhorst S.B. No. 915

A BILL TO BE ENTITLED

AN ACT

relating to the textbook affordability pilot program and to certain studies and reports by the Texas Higher Education Coordinating Board regarding achievable cost-saving measures and the use and availability of electronic, public domain, and open source textbooks at institutions 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 61.0764 to read as follows:

Sec. 61.0764. TEXTBOOK AFFORDABILITY PILOT PROGRAM. (a) In this section:

(1) "Department" means the department selected by the board to administer the pilot program created by this section;

(2) "Electronic textbook" means computer software, interactive videodisc, magnetic media, CD-ROM, computer courseware, on-line 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) "Faculty member" means any full-time or part-time employee of the university with teaching responsibilities;

(4) "Institution" means the Texas A&M University;

(5) "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 instructional material. The term includes state-developed open-source instructional material; and

(5) "Public domain textbook" means any literary work which is no longer under copyright protection or has failed to meet the requirements for copyright protection.

(b) The board shall establish and administer a pilot project at Texas A&M University to provide students with access to textbook pricing information and to encourage the adoption of more affordable textbook options. The board shall designate a department of the institution to administer the program.

(c) The pilot program established by subsection (b) shall require:

(1) each faculty member in the department to calculate the total estimated cost of all textbooks and materials for each course the faculty member teaches and to send the estimated cost to the head of the department administering the program;

(2) the department to prominently display the estimated costs submitted under Subdivision (1) in the course description and on the syllabus for the course; and

(3) the department to use open source, public domain, or electronic textbooks where possible.

(d) The department shall keep a record of the textbook costs for the duration of the program.

(e) This section expires January 31, 2019.

Sec. 61.0765. STUDY ON THE USE OF OPEN SOURCE, PUBLIC DOMAIN AND ELECTRONIC TEXTBOOKS. (a) In this section "electronic textbook", "open source text book", and "public domain textbook" have the meanings assigned by Section 61.0764(a).

(b) The board shall conduct a study and recommend policies regarding the use of open source, public domain, and 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 pilot program implemented by Texas A&M University under Section 61.0764 with respect to the use of open source, public domain, and electronic textbooks and must address methods for encouraging the use of open source, public domain, or electronic textbooks at public or private institutions of higher education in this state.

(c) The department designated under Section 61.0764 shall assist the board in performing the board's duties under Subsection (a). The board shall establish procedures to assist a department in complying with this subsection.

(d) The 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.

(e) Not later than December 1, 2016, the 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. The board may include recommendations in the study to expand the pilot program created under Section 61.0764 to the entire Texas A&M University System or to each institution of higher education. This subsection expires January 31, 2017.

SECTION 2. 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.