| |
|
|
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. Subchapter I, Chapter 51, Education Code, is |
|
|
amended by adding Section 51.4521 to read as follows: |
|
|
Sec. 51.4521. PUBLIC INSTITUTIONS: DISSEMINATION OF COURSE |
|
|
SCHEDULE AND LIST OF REQUIRED AND RECOMMENDED COURSE MATERIALS. |
|
|
(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 |
|
|
institution of higher education shall: |
|
|
(1) 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, or provide in a prominent location in the schedule a link |
|
|
to an Internet website, such as the Internet website of a college |
|
|
bookstore, that contains, a list of the required and recommended |
|
|
course materials that specifies, to the extent practicable, the |
|
|
following information for each course material, as applicable: |
|
|
(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; |
|
|
(F) whether the course material 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); and |
|
|
(4) make 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 that serve the students of the institution. |
|
|
(c) As soon as practicable after the information becomes |
|
|
available, each institution of higher education shall make |
|
|
available specific information regarding any revisions to the |
|
|
institution's course schedule and course materials list. |
|
|
(d) 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 the cost of 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. |
|
|
(f) To allow for timely placement of course material orders |
|
|
by students, each institution of higher education shall establish a |
|
|
deadline by which faculty members must submit information to be |
|
|
included in the course schedule and course materials list required |
|
|
by Subsection (b). |
|
|
(g) If an institution of higher education or a college |
|
|
bookstore publishes a course materials 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 51.451, Education Code, is amended by |
|
|
amending Subdivision (4) and adding Subdivision (4-b) to read as |
|
|
follows: |
|
|
(4) "Institution of higher education" means: |
|
|
(A) an institution of higher education as defined |
|
|
by Section 61.003; or |
|
|
(B) a private or independent institution of |
|
|
higher education [as defined by Section 61.003]. |
|
|
(4-b) "Private or independent institution of higher |
|
|
education" has the meaning assigned by Section 61.003. |
|
|
SECTION 3. Section 51.452, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 51.452. PRIVATE INSTITUTIONS: DISSEMINATION OF COURSE |
|
|
SCHEDULE AND LIST OF REQUIRED AND RECOMMENDED TEXTBOOKS. (a) Each |
|
|
private or independent 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 textbooks that |
|
|
specifies, to the extent practicable, the following information for |
|
|
each textbook: |
|
|
(A) the retail price; |
|
|
(B) the author; |
|
|
(C) the publisher; |
|
|
(D) the most recent copyright date; |
|
|
(E) the International Standard Book Number |
|
|
assigned, if any; and |
|
|
(F) whether the textbook is an open educational |
|
|
resource; |
|
|
(3) 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 |
|
|
(B) make that information available to college |
|
|
bookstores and other bookstores that generally serve the students |
|
|
of the institution; and |
|
|
(4) except as provided by Subsection (b), as soon as |
|
|
practicable after the information becomes available disseminate as |
|
|
required by Subdivision (3) specific information regarding any |
|
|
revisions to the institution's course schedule and textbook list. |
|
|
(b) A private or independent [An] institution of higher |
|
|
education 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. |
|
|
(c) To allow for timely placement of textbook orders by |
|
|
students, each private or independent institution of higher |
|
|
education shall: |
|
|
(1) establish a deadline by which faculty members must |
|
|
submit information to be included in the course schedule and |
|
|
textbook list required by Subsection (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. |
|
|
(d) If a private or independent [an] institution of higher |
|
|
education or a college bookstore publishes a 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. |
|
|
SECTION 4. Section 51.452, Education Code, as amended by |
|
|
this Act, and Section 51.4521, Education Code, as added by this Act, |
|
|
apply beginning with the 2022 fall semester. |
|
|
SECTION 5. This Act takes effect September 1, 2021. |
|
|
|
|
|
* * * * * |