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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of certain information regarding course |
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materials by 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. Section 51.452, Education Code, is amended to |
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read as follows: |
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Sec. 51.452. DISSEMINATION OF COURSE SCHEDULE AND LIST OF |
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REQUIRED AND RECOMMENDED COURSE MATERIALS [TEXTBOOKS]. (a) In |
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this section: |
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(1) "Course material" means a textbook, supplemental |
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material, or open educational resource. |
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(2) "Institution of higher education," |
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notwithstanding Section 51.451, has the meaning assigned by Section |
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61.003. |
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(b) Not later than the 30th day before the first day that |
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classes are conducted for each semester or academic term, each |
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[Each] institution of higher education shall: |
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(1) [for each semester or academic term,] compile a |
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course schedule indicating each course offered by the institution |
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for the semester or term to postsecondary students; |
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(2) with respect to each course, include with the |
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schedule a list of the required and recommended course materials |
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[textbooks] that specifies, to the extent practicable, the |
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following information for each course material, as applicable |
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[textbook]: |
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(A) the retail price; |
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(B) the author; |
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(C) the publisher or provider; |
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(D) the most recent copyright date; |
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(E) the International Standard Book Number |
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assigned, if any; [and] |
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(F) whether the course material [textbook] is an |
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open educational resource; and |
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(G) any associated fee or charge, such as a |
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technology cost, library use cost, or printing or publication fee; |
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(3) in a prominent location in the schedule, state or |
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provide an Internet website link to: |
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(A) the full amount of any fee or charge for |
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course materials assessed by the institution or another entity |
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under an agreement with the institution, including a statement |
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regarding whether the fee or charge is included in the cost of |
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tuition; |
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(B) if a course material is in a primarily |
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electronic format, the terms under which the publisher or provider |
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collects and uses student data obtained through a student's use of |
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the course material; and |
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(C) any provision that allows the student to opt |
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out of a fee or charge described by Paragraph (A) [except as |
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provided by Subsection (b), at the time required by Subsection |
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(c)(2): |
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[(A) publish the textbook list with the course |
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schedule on the institution's Internet website and with any course |
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schedule the institution provides in hard copy format to the |
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students of the institution]; and |
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(4) [(B)] make [that] information regarding the cost |
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of course materials on the course materials list under Subdivision |
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(2) available to college bookstores and other providers of course |
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materials [bookstores] that [generally] serve the students of the |
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institution. |
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(c) As [; and |
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[(4) except as provided by Subsection (b), as] soon as |
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practicable after the information becomes available, each |
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institution of higher education shall make available [disseminate |
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as required by Subdivision (3)] specific information regarding any |
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revisions to the institution's course schedule and course materials |
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[textbook] list. |
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(d) [(b)] An institution of higher education shall itemize |
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a fee or charge for course materials assessed by the institution or |
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another entity under an agreement with the institution separately |
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from any other fees or charges assessed for a course or course |
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section in the institution's billing to the student. This |
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subsection may not be construed to prohibit an institution of |
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higher education from including a fee or charge for course |
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materials as part of the institution's tuition. |
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(e) Any agreement between an institution of higher |
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education and an entity under which the institution agrees to |
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assess or allows the entity to assess a fee or charge for course |
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materials to students enrolled at the institution is public |
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information under Chapter 552, Government Code [is not required to |
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publish a textbook list as described by Subsection (a)(3)(A) or any |
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revisions to that textbook list as described by Subsection (a)(4) |
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if a college bookstore publishes that list and any revisions to that |
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list on the bookstore's Internet website on behalf of the |
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institution at the appropriate times required by this section]. |
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(f) [(c)] To allow for timely placement of textbook orders |
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by students, each institution of higher education shall[: |
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[(1)] establish a deadline by which faculty members |
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must submit information to be included in the course schedule and |
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course materials [textbook] list required by Subsection (b) [(a); |
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and |
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[(2) disseminate the institution's course schedule and |
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textbook list as required by Subsection (a)(3) as soon as |
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practicable after the institution has compiled the schedule and |
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list but not later than the 30th day before the first day that |
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classes are conducted for the semester or other academic term for |
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which the schedule and list are compiled]. |
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(g) [(d)] If an institution of higher education or a college |
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bookstore publishes a course materials [textbook] list with a |
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course schedule on an Internet website that provides a search |
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function, the institution or bookstore must: |
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(1) ensure that the search function permits a search |
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based on whether a course or section of a course requires or |
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recommends only open educational resources; or |
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(2) provide a searchable list of courses and sections |
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of courses that require or recommend only open educational |
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resources. |
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(h) If an institution of higher education designates in the |
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institution's course schedule certain courses or sections of |
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courses as having low course material costs or a similar |
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designation, the institution shall, in a prominent location in the |
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schedule, state or provide an Internet website link to the criteria |
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for that designation. |
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(i) This section may not be construed to affect any |
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authority granted to a faculty member by an institution of higher |
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education to select course materials for courses taught by the |
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faculty member. |
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SECTION 2. Section 51.452, Education Code, as amended by |
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this Act, applies beginning with the 2022 fall semester. |
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SECTION 3. This Act takes effect September 1, 2021. |