By: Parker, Howard, Raney H.B. No. 1027
        (Senate Sponsor - Creighton)
         (In the Senate - Received from the House May 10, 2021;
  May 10, 2021, read first time and referred to Committee on Higher
  Education; May 21, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  May 21, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1027 By:  Miles
 
 
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.
 
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