Bill Text: TX HB33 | 2011-2012 | 82nd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to measures to increase the affordability of textbooks used for courses at public or private institutions of higher education.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB33 Detail]
Download: Texas-2011-HB33-Engrossed.html
Bill Title: Relating to measures to increase the affordability of textbooks used for courses at public or private institutions of higher education.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB33 Detail]
Download: Texas-2011-HB33-Engrossed.html
82R17454 KEL-D | ||
By: Branch, Patrick, Vo, Castro, Hancock, | H.B. No. 33 | |
et al. |
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relating to measures to increase the affordability of textbooks | ||
used for courses at public or private institutions of higher | ||
education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 51, Education Code, is amended by adding | ||
Subchapter I to read as follows: | ||
SUBCHAPTER I. TEXTBOOKS | ||
Sec. 51.451. DEFINITIONS. In this subchapter: | ||
(1) "College bookstore" means a bookstore that is: | ||
(A) operated by an institution of higher | ||
education; or | ||
(B) in a contractual relationship or otherwise | ||
affiliated with an institution of higher education. | ||
(2) "Custom textbook" means a textbook that is | ||
compiled by a publisher at the direction of a faculty member or | ||
other person in charge of selecting course materials at an | ||
institution of higher education and that may include items such as | ||
selections from original instructor materials, previously | ||
copyrighted publisher materials, copyrighted third-party works, or | ||
elements unique to a specific institution. | ||
(3) "Faculty member" has the meaning assigned by | ||
Section 51.917. | ||
(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. | ||
(5) "Supplemental material," with respect to a | ||
textbook, means instructional material developed to accompany the | ||
textbook, including printed materials, computer disks, website | ||
access, and electronically distributed materials, other than | ||
material that is part of an integrated textbook. | ||
(6) "Textbook" means a book published primarily for | ||
instruction in connection with a particular course or courses | ||
offered to postsecondary students by an institution of higher | ||
education. The term includes any edition of a textbook or set of | ||
textbooks and any item considered supplemental specifically to the | ||
textbook, regardless of whether the textbook and supplemental item | ||
are sold together or separately. | ||
(7) "Textbook bundle" means a textbook that is | ||
combined with other instructional material, such as another | ||
textbook or additional printed material, a computer disk, website | ||
access, or electronically distributed material, and that is | ||
packaged or otherwise offered for sale with that instructional | ||
material at a single price. The term does not include a textbook | ||
that is combined with other instructional material if that material | ||
in its entirety is: | ||
(A) required to be offered for sale with or as | ||
part of the textbook, according to a third-party contractual | ||
agreement; or | ||
(B) interrelated with the content of the textbook | ||
to such a degree that any separation of the material from the | ||
textbook would render the textbook unusable for its intended | ||
purpose. | ||
Sec. 51.452. DISSEMINATION OF COURSE SCHEDULE AND LIST OF | ||
REQUIRED AND RECOMMENDED TEXTBOOKS. (a) Each 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; and | ||
(E) the International Standard Book Number | ||
assigned, if any; | ||
(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) 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 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. | ||
Sec. 51.453. TEXTBOOK ASSISTANCE INFORMATION FOR STUDENTS. | ||
To the extent practicable, an institution of higher education shall | ||
make reasonable efforts to disseminate to its students information | ||
regarding: | ||
(1) available institutional programs for renting | ||
textbooks or for purchasing used textbooks; | ||
(2) available institutional guaranteed textbook | ||
buyback programs; | ||
(3) available institutional programs for alternative | ||
delivery of textbook content; and | ||
(4) other available institutional textbook | ||
cost-savings strategies. | ||
Sec. 51.454. TEXTBOOK PUBLISHERS: AVAILABILITY OF | ||
INFORMATION TO FACULTY CONCERNING TEXTBOOK PRICES, REVISIONS, AND | ||
COPYRIGHTS. (a) When a textbook publisher provides information | ||
regarding a textbook or supplemental material to a faculty member | ||
or other person in charge of selecting course materials at an | ||
institution of higher education, the publisher shall also provide | ||
to the faculty member or other person written information that | ||
includes: | ||
(1) the price at which the publisher would make the | ||
textbook or supplemental material available to a college bookstore | ||
or other bookstore that generally serves the students of the | ||
institution and, if applicable, to the public; | ||
(2) the copyright dates of the current and three | ||
preceding editions of the textbook; | ||
(3) a description of any substantial content revisions | ||
made between the current edition of the textbook or supplemental | ||
material and the most recent preceding edition of the textbook or | ||
material, including the addition of new chapters, new material | ||
covering additional time periods, new themes, or new subject | ||
matter; | ||
(4) information as to whether the textbook or | ||
supplemental material is available in other formats, such as a | ||
paperback or unbound version; and | ||
(5) the price at which the publisher would make the | ||
textbook or supplemental material in any alternative format | ||
available to a bookstore described by Subdivision (1) and, if | ||
applicable, to the public. | ||
(b) A textbook publisher shall comply with this section with | ||
respect to a custom textbook only to the extent reasonably | ||
practicable. | ||
Sec. 51.455. TEXTBOOK BUNDLES. A textbook publisher that | ||
offers a textbook bundle for sale directly to students enrolled at | ||
an institution of higher education or, for resale purposes, to a | ||
college bookstore or other bookstore that generally serves the | ||
students of the institution shall also offer for sale to the | ||
students or bookstore, as applicable, each individual item of | ||
instructional material as a separate, unbundled item that is | ||
separately priced. | ||
SECTION 2. Subchapter I, Chapter 51, Education Code, as | ||
added by this Act, applies beginning with the 2012 fall semester. | ||
SECTION 3. This Act takes effect September 1, 2011. |