87R21420 KJE-F
 
  By: Parker, Howard, Raney H.B. No. 1027
 
  Substitute the following for H.B. No. 1027:
 
  By:  Pacheco C.S.H.B. No. 1027
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disclosure of certain information regarding course
  materials by public institutions of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.452, Education Code, is amended to
  read as follows:
         Sec. 51.452.  DISSEMINATION OF COURSE SCHEDULE AND LIST OF
  REQUIRED AND RECOMMENDED COURSE MATERIALS [TEXTBOOKS].  (a)  In
  this section:
               (1)  "Course material" means a textbook, supplemental
  material, or open educational resource.
               (2)  "Institution of higher education,"
  notwithstanding Section 51.451, has the meaning assigned by Section
  61.003.
         (b)  Not later than the 30th day before the first day that
  classes are conducted for each semester or academic term, each
  [Each] institution of higher education shall:
               (1)  [for each semester or academic term,] compile a
  course schedule indicating each course offered by the institution
  for the semester or term to postsecondary students;
               (2)  with respect to each course, include with the
  schedule a list of the required and recommended course materials
  [textbooks] that specifies, to the extent practicable, the
  following information for each course material, as applicable
  [textbook]:
                     (A)  the retail price;
                     (B)  the author;
                     (C)  the publisher or provider;
                     (D)  the most recent copyright date;
                     (E)  the International Standard Book Number
  assigned, if any; [and]
                     (F)  whether the course material [textbook] is an
  open educational resource; and
                     (G)  any associated fee or charge, such as a
  technology cost, library use cost, or printing or publication fee;
               (3)  in a prominent location in the schedule, state or
  provide an Internet website link to:
                     (A)  the full amount of any fee or charge for
  course materials assessed by the institution or another entity
  under an agreement with the institution, including a statement
  regarding whether the fee or charge is included in the cost of
  tuition;
                     (B)  if a course material is in a primarily
  electronic format, the terms under which the publisher or provider
  collects and uses student data obtained through a student's use of
  the course material; and
                     (C)  any provision that allows the student to opt
  out of a fee or charge described by Paragraph (A) [except as
  provided by Subsection (b), at the time required by Subsection
  (c)(2):
                     [(A)  publish the textbook list with the course
  schedule on the institution's Internet website and with any course
  schedule the institution provides in hard copy format to the
  students of the institution]; and
               (4) [(B)]  make [that] information regarding the cost
  of course materials on the course materials list under Subdivision
  (2) available to college bookstores and other providers of course
  materials [bookstores] that [generally] serve the students of the
  institution.
         (c)  As [; and
               [(4)  except as provided by Subsection (b), as] soon as
  practicable after the information becomes available, each
  institution of higher education shall make available [disseminate
  as required by Subdivision (3)] specific information regarding any
  revisions to the institution's course schedule and course materials
  [textbook] list.
         (d) [(b)]  An institution of higher education shall itemize
  a fee or charge for course materials assessed by the institution or
  another entity under an agreement with the institution separately
  from any other fees or charges assessed for a course or course
  section in the institution's billing to the student.  This
  subsection may not be construed to prohibit an institution of
  higher education from including a fee or charge for course
  materials as part of the institution's tuition.
         (e)  Any agreement between an institution of higher
  education and an entity under which the institution agrees to
  assess or allows the entity to assess a fee or charge for course
  materials to students enrolled at the institution is public
  information under Chapter 552, Government Code [is not required to
  publish a textbook list as described by Subsection (a)(3)(A) or any
  revisions to that textbook list as described by Subsection (a)(4)
  if a college bookstore publishes that list and any revisions to that
  list on the bookstore's Internet website on behalf of the
  institution at the appropriate times required by this section].
         (f) [(c)]  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
  course materials [textbook] list required by Subsection (b) [(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].
         (g) [(d)]  If an institution of higher education or a college
  bookstore publishes a course materials [textbook] list with a
  course schedule on an Internet website that provides a search
  function, the institution or bookstore must:
               (1)  ensure that the search function permits a search
  based on whether a course or section of a course requires or
  recommends only open educational resources; or
               (2)  provide a searchable list of courses and sections
  of courses that require or recommend only open educational
  resources.
         (h)  If an institution of higher education designates in the
  institution's course schedule certain courses or sections of
  courses as having low course material costs or a similar
  designation, the institution shall, in a prominent location in the
  schedule, state or provide an Internet website link to the criteria
  for that designation.
         (i)  This section may not be construed to affect any
  authority granted to a faculty member by an institution of higher
  education to select course materials for courses taught by the
  faculty member.
         SECTION 2.  Section 51.452, Education Code, as amended by
  this Act, applies beginning with the 2022 fall semester.
         SECTION 3.  This Act takes effect September 1, 2021.