87R7243 KJE-F
 
  By: Taylor S.B. No. 1231
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain automatic charges for instructional materials
  assessed to students enrolled at a public institution of higher
  education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 54, Education Code, is
  amended by adding Section 54.5012 to read as follows:
         Sec. 54.5012.  CERTAIN AUTOMATIC CHARGES FOR INSTRUCTIONAL
  MATERIALS. (a) In this section:
               (1)  "Instructional material" means content in any
  medium or combination of media used or intended to be used for
  conveying information to a student. The term includes a book,
  supplementary material, computer software, magnetic media, DVD,
  CD-ROM, computer courseware, online subscription, streaming video,
  or other means of conveying content to a student or otherwise
  contributing to the learning process through electronic means and
  any package or bundle of such media.
               (2)  "Open educational resource" has the meaning
  assigned by Section 51.451.
         (b)  An institution of higher education may not assess, or
  enter into an agreement with an entity that allows the entity to
  assess, an automatic charge for instructional materials required or
  recommended for a course or course section to a student enrolled in
  that course or course section unless:
               (1)  the charge is significantly less than the price at
  which the student could acquire from any generally available source
  the same or substantially similar instructional materials in a
  similar format and condition and, if applicable, under similar
  rental or digital access terms;
               (2)  the instructional materials are made available to
  the student not later than:
                     (A)  the first day of the semester or term, if the
  student enrolls in the course or course section at least seven days
  before the first day of the semester or term; or
                     (B)  the seventh day after enrollment in the
  course or course section;
               (3)  the institution assesses the charge only if:
                     (A)  the student opts in to the charge; and
                     (B)  the instructional materials are not
  reasonably necessary for a student to participate in or
  successfully complete the course or course section; and
               (4)  the listing for the course or course section in the
  institution's course schedule under Section 51.452 states or
  provides an Internet website link to the full amount of the charge
  separately from any other charges assessed for the course or course
  section.
         (c)  An institution of higher education may not calculate the
  amount of a charge described by Subsection (b) on any basis other
  than the cost of the instructional materials unless:
               (1)  the institution adopts a policy to ensure that the
  charge is not assessed to a student for a course or course section
  for which all required instructional materials are generally
  available at no cost in at least one form to the student, such as an
  open educational resource or other materials generally available at
  no cost through the institution's library or to all students
  enrolled in the course or course section; and
               (2)  the amount of the charge, including any increase
  in the charge, is approved by a majority vote of the students voting
  in an election held for that purpose.
         (d)  An agreement between an institution of higher education
  and an entity under which the institution allows the entity to
  assess a charge described by Subsection (b) to students enrolled at
  the institution:
               (1)  may not provide for a discount or other incentive
  or a 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;
               (2)  must prohibit the entity from engaging in or
  authorizing a third party to engage in, except as specifically
  provided by the agreement, the sale, disclosure, licensing, use,
  retention, or other exploitation of any data collected under the
  agreement, including any personally identifiable information,
  location data, anonymized data, or materials derived from that
  data; and
               (3)  is public information under Chapter 552,
  Government Code, and may not be excepted from required disclosure
  under any applicable exceptions under that chapter.
         (e)  An institution of higher education may not deny, or
  enter into an agreement with an entity that allows the entity to
  deny, a student enrolled at the institution access to instructional
  materials for which a charge described by Subsection (b) has been or
  would otherwise be assessed to the student based on the student's
  refusal or failure to agree to the sale, disclosure, licensing,
  use, retention, or other exploitation of the student's data that
  may be obtained through the student's use of the instructional
  materials.
         SECTION 2.  (a) Except as provided by Subsection (b) of this
  section, Section 54.5012, Education Code, as added by this Act,
  applies beginning with the 2021 fall semester.
         (b)  The changes in law made by this Act apply only to an
  agreement entered into, extended, or renewed on or after September
  1, 2021.
         SECTION 3.  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.