87R4398 KJE-F
 
  By: Creighton S.B. No. 1092
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disclosure of certain information regarding
  textbooks and learning content management systems by certain
  institutions of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.452, Education Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  If an institution of higher education designates in the
  institution's course schedule certain courses or sections of
  courses as having low textbook 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.
         SECTION 2.  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 LEARNING
  CONTENT MANAGEMENT SYSTEMS. (a)  Notwithstanding Section 51.451,
  in this section, "institution of higher education" 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 any
  automatic charges assessed by the institution or another entity to
  the student for textbooks or access to a learning content
  management system, including any charge for those items that is
  automatically assessed only to a student who qualifies for
  educational benefits under the federal Post-9/11 Veterans
  Educational Assistance Act of 2008 (38 U.S.C. Section 3301 et seq.)
  or any other federal law authorizing educational benefits for
  veterans.
         (c)  For a charge for textbooks described by Subsection (b)
  that is assessed based on the cost of required or recommended
  textbooks 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 a textbook is in a primarily electronic
  format, the terms under which the textbook publisher collects and
  uses student data obtained through a student's use of the textbook;
  and
                     (C)  any provision that allows the student to opt
  in or opt out of the charge; 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 for access to a learning content management
  system described by Subsection (b) or for a charge for textbooks
  described by that subsection that is assessed on a basis not
  described by Subsection (c), the institution of higher education
  shall:
               (1)  except as provided by Subsection (f), include the
  amount of the charge in the institution's tuition under Section
  54.015; and
               (2)  in a prominent location in any written or
  electronic agreement authorizing the charge, disclose:
                     (A)  if the charge is for access to a learning
  content management system or for a textbook in a primarily
  electronic format, the terms under which the system provider or
  textbook publisher collects and uses student data obtained through
  a student's use of the system or textbook; and
                     (B)  any provision that allows the student to opt
  in or opt out of the charge.
         (e)  Notwithstanding any other provision of this title and
  except as provided by Subsection (f):
               (1)  a charge described by Subsection (c) is considered
  part of the institution of higher education's required fees for
  purposes of this title; and
               (2)  a charge described by Subsection (d) is considered
  part of the institution of higher education's tuition for purposes
  of this title.
         (f)  Subsections (d)(1) and (e) do not apply to a charge
  assessed only to students who opt in to paying the charge.  A
  student is not considered to have opted in to paying the charge if:
               (1)  the textbooks or access to a learning content
  management system for which the charge is assessed is reasonably
  necessary for the student to participate in or successfully
  complete 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.
         (g)  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 charge described by
  Subsection (b) to students enrolled at the institution is public
  information under Chapter 552, Government Code.
         SECTION 3.  This Act applies beginning with the 2021 fall
  semester.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.