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.
	* * * * *