Bill Text: TX SB810 | 2017-2018 | 85th Legislature | Engrossed
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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-Engrossed.html
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-Engrossed.html
By: Kolkhorst | S.B. No. 810 | |
Taylor of Galveston, West |
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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, adaptation, and redistribution of the resource by any | ||
person. The term may include full course curricula, course | ||
materials, modules, textbooks, media, assessments, software, and | ||
any other tools, materials, or techniques, whether digital or | ||
otherwise, 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; [ |
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(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; [ |
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(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, | ||
modify, redesign, or 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 adopt, | ||
modify, redesign, or develop one or more courses at the institution | ||
to exclusively use open educational resources. | ||
(d) For each course identified in an application for a grant | ||
under this section, the board shall select at least three persons | ||
qualified to review the curriculum of the course, as determined by | ||
the board, to evaluate the application with respect to that course. | ||
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 each | ||
applicable 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 each applicable 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 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) The board may not award a grant under the program to a | ||
faculty member of a postsecondary educational institution other | ||
than an institution of higher education. | ||
(j) 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 | ||
adopted, modified, redesigned, or developed 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 | ||
adopted, modified, redesigned, or developed under the program; | ||
(4) a list of any subject areas that would benefit from | ||
the adoption, modification, or development of open educational | ||
resources; and | ||
(5) recommendations on future steps for adopting, | ||
modifying, or developing open educational resources. | ||
(k) The board may solicit and accept gifts, grants, and | ||
donations from any public or private source for purposes of the | ||
program. | ||
(l) The board shall adopt rules for the administration of | ||
the program. | ||
(m) This section expires September 1, 2021. | ||
(n) The board may not use appropriated funds in an amount | ||
greater than $200,000 for purposes of the program in the state | ||
fiscal biennium ending August 31, 2019. The board may use any | ||
amount of other funds available for those purposes. This | ||
subsection expires December 1, 2019. | ||
SECTION 6. Subchapter C, Chapter 61, Education Code, is | ||
amended by adding Section 61.0669 to read as follows: | ||
Sec. 61.0669. FEASIBILITY STUDY ON STATE REPOSITORY OF OPEN | ||
EDUCATIONAL RESOURCES. (a) In this section, "open educational | ||
resource" has the meaning assigned by Section 51.451. | ||
(b) The board 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 board shall collaborate | ||
with relevant state agencies and other stakeholders, including the | ||
Texas Education Agency and representatives of public institutions | ||
of higher education and school districts. | ||
(d) Not later than September 1, 2018, 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 the results | ||
of the study and any recommendations for legislative or other | ||
action. The report must include information on: | ||
(1) 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) The board may not use appropriated funds in an amount | ||
greater than $100,000 for purposes of the study. The board may use | ||
any amount of other available funds for purposes of the study and | ||
may solicit and accept gifts, grants, and donations for that | ||
purpose. | ||
(f) 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 | ||
2018 spring semester. | ||
SECTION 8. (a) 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. | ||
(b) Notwithstanding Section 61.0668(j), Education Code, as | ||
added by this Act, the Texas Higher Education Coordinating Board | ||
shall submit its initial report required under that section not | ||
later than December 1, 2019. | ||
SECTION 9. This Act takes effect only if a specific | ||
appropriation for the implementation of the Act is provided in a | ||
general appropriations act of the 85th Legislature. | ||
SECTION 10. 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. |