Bill Text: TX SB1092 | 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: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2021-05-21 - Returned to Local & Consent Calendars Comm. [SB1092 Detail]

Download: Texas-2021-SB1092-Comm_Sub.html

---

By: Creighton S.B. No. 1092
(In the Senate - Filed March 5, 2021; March 18, 2021, read
first time and referred to Committee on Higher Education;
April 23, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 23, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1092 By: Creighton

A BILL TO BE ENTITLED
AN ACT
relating to the disclosure by public institutions of higher
education of certain information regarding textbooks and digital
courseware and certain charges assessed for those items.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 51, Education Code, is
amended by adding Section 51.456 to read as follows:
Sec. 51.456. AUTOMATIC CHARGES FOR TEXTBOOKS OR DIGITAL
COURSEWARE. (a) In this section:
(1) "Digital courseware" means a system of
instructional content and software designed to support the delivery
of all or part of a particular course. The term does not include a
learning management platform or any other software system designed
to provide support for courses generally.
(2) "Institution of higher education,"
notwithstanding Section 51.451, 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 an
automatic charge for textbooks or access to digital courseware
assessed by the institution or another entity to the student on the
student's enrollment in a course, course section, or program or in
the institution for the applicable semester or term, regardless of
whether the charge is assessed on an opt-in, opt-out, or compulsory
basis. This subsection does not apply to a charge assessed for a
purchase initiated by the student separately from the enrollment
process at the institution, such as the purchase of a textbook at a
college bookstore that may be charged to the student's account at
the institution.
(c) For a charge described by Subsection (b) that is
assessed based on the cost of required or recommended textbooks or
access to digital courseware 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 the charge is for a textbook in a primarily
electronic format or for access to digital courseware, the terms
under which the publisher of the textbook or digital courseware
collects and uses student data obtained through a student's use of
the textbook or digital courseware; and
(C) any provision that allows the student to opt
in or opt out of the charge or the collection or use of the student's
data; 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 described by Subsection (b) that is
assessed on the basis of the number of semester credit hours or the
equivalent or the number of courses in which the student is enrolled
or on any other basis not described by Subsection (c), the
institution of higher education shall:
(1) except as provided by Subsection (e), include the
amount of the charge in the institution's:
(A) tuition under Section 54.015; or
(B) incidental fees under Section 54.504; and
(2) in a prominent location in any written or
electronic agreement authorizing the charge, disclose:
(A) if the charge is for a textbook in a primarily
electronic format or for access to digital courseware, the terms
under which the publisher of the textbook or digital courseware
collects and uses student data obtained through a student's use of
the textbook or digital courseware; and
(B) any provision that allows the student to opt
in or opt out of the charge or the collection or use of the student's
data.
(e) Notwithstanding Subsection (d)(1), an institution of
higher education is not required to include the amount of a charge
described by that subsection in the institution's tuition or
incidental fees if the charge is assessed to a student only on an
opt-in basis. For purposes of this subsection, a charge is not
considered to be assessed on an opt-in basis if:
(1) the textbooks or access to digital courseware for
which the charge is assessed is required for the student to earn the
maximum possible grade for 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.
(f) An agreement between an institution of higher education
and an entity under which the institution assesses on the entity's
behalf or allows the entity to assess a charge described by
Subsection (b) to students enrolled at the institution:
(1) may not provide for a quota, 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; and
(2) is public information under Chapter 552,
Government Code.
(g) Any effort by an institution of higher education to
reduce the cost of textbooks or access to digital courseware for
students enrolled at the institution must also focus on maintaining
the quality of education and protecting academic freedom.
(h) This section may not be construed to prohibit an
institution of higher education from entering into an agreement
with an entity under which a charge for textbooks or access to
digital courseware is assessed to students enrolled at the
institution on an opt-in or opt-out basis.
SECTION 2. Section 54.504, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) If a charge described by Section 51.456(b) is included
as part of an institution of higher education's incidental fees
under this section that are assessed to each student, or each
undergraduate student, enrolled at the institution who does not opt
out of the charge, the governing board of the institution shall
include a description of the amount of the charge in any notice of
the amount of the institution's tuition provided to current or
prospective students, the parents of current or prospective
students, or the public. The description must state or provide an
Internet website link to any provision that allows a student to opt
out of the charge.
SECTION 3. This Act applies beginning with the 2022 fall
semester.
SECTION 4. This Act takes effect September 1, 2021.
* * * * *