Bill Text: TX SB1092 | 2021-2022 | 87th Legislature | Introduced
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: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-05-21 - Returned to Local & Consent Calendars Comm. [SB1092 Detail]
Download: Texas-2021-SB1092-Introduced.html
Bill Title: Relating to the disclosure of certain information regarding course materials by public institutions of higher education.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-05-21 - Returned to Local & Consent Calendars Comm. [SB1092 Detail]
Download: Texas-2021-SB1092-Introduced.html
87R4398 KJE-F | ||
By: Creighton | S.B. No. 1092 |
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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. |