Bill Text: TX SB810 | 2017-2018 | 85th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the purchase and use of open educational resources.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-09 - Effective immediately [SB810 Detail]

Download: Texas-2017-SB810-Introduced.html
  85R5107 KJE-D
 
  By: Kolkhorst S.B. No. 810
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of open educational resources.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 51.451, Education Code, is amended by
  adding Subdivision (4-a) to read as follows:
               (4-a) "Open educational resource" means a teaching,
  learning, or research resource that is in the public domain or has
  been released under an intellectual property license that permits
  the free use and repurposing of the resource by any person.  The
  term may include full course curricula, course materials, modules,
  textbooks, streaming videos, tests, software, and any other tools,
  materials, or techniques used to support access to knowledge.
         SECTION 2.  Section 51.452, Education Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (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; 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.
         (d)  If an institution of higher 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 3.  Section 51.453, Education Code, is amended to
  read as follows:
         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)  the availability of courses and sections of
  courses that require or recommend only open educational resources;
  and
               (5)  other available institutional textbook
  cost-savings strategies.
         SECTION 4.  Section 51.454(a), Education Code, is amended to
  read as follows:
         (a)  When a textbook publisher provides information
  regarding a textbook or supplemental material other than an open
  educational resource 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.
         SECTION 5.  Subchapter C, Chapter 61, Education Code, is
  amended by adding Section 61.0668 to read as follows:
         Sec. 61.0668.  OPEN EDUCATIONAL RESOURCES GRANT PROGRAM.  
  (a)  In this section, "open educational resource" has the meaning
  assigned by Section 51.451.
         (b)  The board shall establish and administer a grant program
  to encourage faculty at institutions of higher education to adopt
  and develop courses that use only open educational resources.
         (c)  Under the program, a faculty member of an institution of
  higher education may apply to the board for a grant to redesign a
  course at the institution to exclusively use open educational
  resources. 
         (d)  The board shall select at least three persons qualified
  to review the curriculum of the course that is the subject of the
  application, as determined by the board, to evaluate an application
  for a grant under this section. If the application is rejected, the
  reviewing persons must provide feedback on the application to the
  faculty member. The feedback may be provided anonymously.
         (e)  A faculty member who receives a grant under the program
  shall ensure that any open educational resource used in the
  redesigned course is provided to a student enrolled in the course at
  no cost other than the cost of printing.
         (f)  A faculty member who receives a grant under the program
  must submit to the board for each of the four semesters immediately
  following the implementation of the redesigned course a report that
  includes:
               (1)  the number of students who have completed the
  course;
               (2)  an estimate of the amount of money saved by a
  student due to the use of open educational resources in the course;
               (3)  a description of the open educational resources
  used in the course;
               (4)  the number of other faculty members, if any, who
  adopted the redesigned curriculum of the course; and
               (5)  any other information required by the board.
         (g)  A faculty member who receives a grant under the program
  may continue to submit a report described by Subsection (f) for a
  semester that occurs after the faculty member's duty to submit a
  report under that subsection has expired.  The board may consider a
  faculty member's failure to submit additional reports under this
  subsection in evaluating a subsequent grant application submitted
  by the faculty member.
         (h)  A faculty member who is no longer employed by an
  institution of higher education forfeits any grant awarded under
  the program.
         (i)  Not later than December 1 of each even-numbered year,
  the board shall submit to the governor, lieutenant governor,
  speaker of the house of representatives, and each standing
  legislative committee with primary jurisdiction over higher
  education a report on:
               (1)  the total number of grants distributed under the
  program;
               (2)  the number of students who completed a course
  redesigned under the program;
               (3)  an estimate of the total amount of money saved by
  students due to the use of open educational resources in courses
  redesigned under the program;
               (4)  a list of any subject areas that would benefit from
  the development of open educational resources; and
               (5)  recommendations on future steps for developing
  open educational resources.
         (j)  The board shall adopt rules for the administration of
  the program.
         (k)  This section expires September 1, 2021.
         SECTION 6.  Subchapter A, Chapter 441, Government Code, is
  amended by adding Section 441.021 to read as follows:
         Sec. 441.021.  FEASIBILITY STUDY ON STATE REPOSITORY OF OPEN
  EDUCATIONAL RESOURCES. (a) In this section, "open educational
  resource" has the meaning assigned by Section 51.451, Education
  Code.
         (b)  The commission shall conduct a study to determine the
  feasibility of creating a state repository of open educational
  resources. The study must consider:
               (1)  methods for facilitating public access to open
  educational resources;
               (2)  the resources needed to create the repository; and
               (3)  any potential challenges in creating the
  repository.
         (c)  In conducting the study, the commission shall
  collaborate with relevant state agencies and other stakeholders,
  including the Texas Higher Education Coordinating Board, the Texas
  Education Agency, and representatives of public institutions of
  higher education and school districts.
         (d)  Not later than September 1, 2018, the commission shall
  submit to the governor, lieutenant governor, speaker of the house
  of representatives, and each standing legislative committee with
  primary jurisdiction over higher education a report on the results
  of the study and any recommendations for legislative or other
  action. The report must include information on:
               (1)  the methods by which open educational resources
  would be gathered and curated;
               (2)  measures to ensure public access to the
  repository;
               (3)  methods of encouraging the use of the repository;
               (4)  management of intellectual property rights; and
               (5)  any other measures necessary to ensure the
  repository's success. 
         (e)  This section expires September 1, 2019.
         SECTION 7.  Sections 51.451, 51.452, 51.453, and 51.454,
  Education Code, as amended by this Act, apply beginning with the
  2017-2018 academic year.
         SECTION 8.  As soon as practicable after the effective date
  of this Act, the Texas Higher Education Coordinating Board shall
  adopt rules for the administration of the open educational
  resources grant program under Section 61.0668, Education Code, as
  added by this Act.
         SECTION 9.  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, 2017.
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