Bill Text: TX HB1027 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the disclosure of certain information regarding course materials by public institutions of higher education.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB1027 Detail]
Download: Texas-2021-HB1027-Comm_Sub.html
Bill Title: Relating to the disclosure of certain information regarding course materials by public institutions of higher education.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB1027 Detail]
Download: Texas-2021-HB1027-Comm_Sub.html
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.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 1027 | By: Miles |
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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 [ |
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(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 [ |
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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 [ |
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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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