By: Creighton S.B. No. 1092
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disclosure by public institutions of higher
  education of certain information regarding textbooks and digital
  courseware and certain charges assessed for those items.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter I, Chapter 51, Education Code, is
  amended by adding Section 51.456 to read as follows:
         Sec. 51.456.  AUTOMATIC CHARGES FOR TEXTBOOKS OR DIGITAL
  COURSEWARE. (a)  In this section:
               (1)  "Digital courseware" means a system of
  instructional content and software designed to support the delivery
  of all or part of a particular course.  The term does not include a
  learning management platform or any other software system designed
  to provide support for courses generally.
               (2)  "Institution of higher education,"
  notwithstanding Section 51.451, has the meaning assigned by Section
  61.003.
         (b)  An institution of higher education shall disclose to a
  student enrolled at the institution as provided by this section an
  automatic charge for textbooks or access to digital courseware
  assessed by the institution or another entity to the student on the
  student's enrollment in a course, course section, or program or in
  the institution for the applicable semester or term, regardless of
  whether the charge is assessed on an opt-in, opt-out, or compulsory
  basis.  This subsection does not apply to a charge assessed for a
  purchase initiated by the student separately from the enrollment
  process at the institution, such as the purchase of a textbook at a
  college bookstore that may be charged to the student's account at
  the institution.
         (c)  For a charge described by Subsection (b) that is
  assessed based on the cost of required or recommended textbooks or
  access to digital courseware for a certain course or course section
  in which the student is enrolled, the institution of higher
  education shall:
               (1)  in a prominent location in the institution's
  course schedule under Section 51.452, state or provide an Internet
  website link to:
                     (A)  the full amount of the charge;
                     (B)  if the charge is for a textbook in a primarily
  electronic format or for access to digital courseware, the terms
  under which the publisher of the textbook or digital courseware
  collects and uses student data obtained through a student's use of
  the textbook or digital courseware; and
                     (C)  any provision that allows the student to opt
  in or opt out of the charge or the collection or use of the student's
  data; and
               (2)  itemize the charge separately from any other
  charges assessed for the course or course section in the
  institution's billing to the student.
         (d)  For a charge described by Subsection (b) that is
  assessed on the basis of the number of semester credit hours or the
  equivalent or the number of courses in which the student is enrolled
  or on any other basis not described by Subsection (c), the
  institution of higher education shall:
               (1)  except as provided by Subsection (e), include the
  amount of the charge in the institution's:
                     (A)  tuition under Section 54.015; or
                     (B)  incidental fees under Section 54.504; and
               (2)  in a prominent location in any written or
  electronic agreement authorizing the charge, disclose:
                     (A)  if the charge is for a textbook in a primarily
  electronic format or for access to digital courseware, the terms
  under which the publisher of the textbook or digital courseware
  collects and uses student data obtained through a student's use of
  the textbook or digital courseware; and
                     (B)  any provision that allows the student to opt
  in or opt out of the charge or the collection or use of the student's
  data.
         (e)  Notwithstanding Subsection (d)(1), an institution of
  higher education is not required to include the amount of a charge
  described by that subsection in the institution's tuition or
  incidental fees if the charge is assessed to a student only on an
  opt-in basis.  For purposes of this subsection, a charge is not
  considered to be assessed on an opt-in basis if:
               (1)  the textbooks or access to digital courseware for
  which the charge is assessed is required for the student to earn the
  maximum possible grade for a course in which the student is
  enrolled; and
               (2)  for a charge for textbooks, the textbooks may only
  be legally obtained from the institution or certain vendors
  specified by the institution.
         (f)  An agreement between an institution of higher education
  and an entity under which the institution assesses on the entity's
  behalf or allows the entity to assess a charge described by
  Subsection (b) to students enrolled at the institution:
               (1)  may not provide for a quota, charge, or other
  penalty based on the number or percentage of:
                     (A)  students to whom the charge is assessed; or
                     (B)  courses or course sections for which the
  charge is assessed; and
               (2)  is public information under Chapter 552,
  Government Code.
         (g)  Any effort by an institution of higher education to
  reduce the cost of textbooks or access to digital courseware for
  students enrolled at the institution must also focus on maintaining
  the quality of education and protecting academic freedom.
         (h)  This section may not be construed to prohibit an
  institution of higher education from entering into an agreement
  with an entity under which a charge for textbooks or access to
  digital courseware is assessed to students enrolled at the
  institution on an opt-in or opt-out basis.
         SECTION 2.  Section 54.504, Education Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  If a charge described by Section 51.456(b) is included
  as part of an institution of higher education's incidental fees
  under this section that are assessed to each student, or each
  undergraduate student, enrolled at the institution who does not opt
  out of the charge, the governing board of the institution shall
  include a description of the amount of the charge in any notice of
  the amount of the institution's tuition provided to current or
  prospective students, the parents of current or prospective
  students, or the public. The description must state or provide an
  Internet website link to any provision that allows a student to opt
  out of the charge.
         SECTION 3.  This Act applies beginning with the 2022 fall
  semester.
         SECTION 4.  This Act takes effect September 1, 2021.