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AN ACT
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relating to providing certain electronic copies of instructional |
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material for blind and visually impaired students and students with |
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dyslexia who are enrolled at public institutions of higher |
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education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.970 to read as follows: |
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Sec. 51.970. INSTRUCTIONAL MATERIAL FOR BLIND AND VISUALLY |
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IMPAIRED STUDENTS AND STUDENTS WITH DYSLEXIA. (a) In this |
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section: |
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(1) "Blind or visually impaired student" includes any |
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student whose visual acuity is impaired to the extent that the |
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student is unable to read the print in the standard instructional |
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material used in a course in which the student is enrolled. |
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(2) "Coordinating board" means the Texas Higher |
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Education Coordinating Board. |
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(3) "Dyslexia" means a condition of dyslexia |
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considered to be a disability under the Americans with Disabilities |
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Act (42 U.S.C. Section 12101 et seq.) or Section 504 of the |
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Rehabilitation Act of 1973 (29 U.S.C. Section 794). |
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(4) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(5) "Instructional material" means a printed textbook |
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or other printed instructional material or a combination of a |
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printed book and supplementary printed instructional material |
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that: |
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(A) conveys information to or otherwise |
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contributes to the learning process of a student; and |
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(B) was published on or after January 1, 2004. |
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(6) "Special instructional material" means |
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instructional material in Braille, large print, audio format, |
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digital text, or any other medium or any apparatus that conveys |
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information to or otherwise contributes to the learning process of |
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a blind or visually impaired student or a student with dyslexia. |
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(b) This section applies only to instructional material |
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that is: |
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(1) written and published primarily for postsecondary |
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instruction of students; and |
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(2) required or essential for a student's success in a |
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course at an institution of higher education, as identified by the |
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instructor of the course for which the instructional material will |
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be used, in consultation with the person at the institution with |
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primary responsibility for services for students with disabilities |
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and in accordance with rules adopted under Subsection (i)(1). |
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(c) To assist the institution in producing special |
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instructional material, a publisher or manufacturer of |
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instructional material assigned by an institution of higher |
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education for use by students in connection with a course at the |
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institution shall provide to the institution on the institution's |
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request in accordance with this section a copy in an electronic |
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format of the instructional material. The publisher or |
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manufacturer, as applicable, shall provide the electronic copy not |
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later than the 15th business day after the date of receipt of the |
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request. |
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(d) A request made by an institution of higher education |
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under Subsection (c) must: |
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(1) certify that for each blind or visually impaired |
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student or student with dyslexia who will use specialized |
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instructional material based on the requested copy of the material |
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in an electronic format for a course in which the student is |
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enrolled at the institution, either the institution or the student |
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has purchased a printed copy of the instructional material; and |
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(2) be signed by the person at the institution with |
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primary responsibility for services for students with |
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disabilities. |
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(e) A publisher or manufacturer may require that a request |
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made by an institution of higher education under Subsection (c) |
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include from each student for whom the institution is making the |
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request a signed statement in which the student agrees: |
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(1) to use the requested electronic copy and related |
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special instructional material only for the student's own |
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educational purposes; and |
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(2) not to copy or otherwise distribute in a manner |
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that violates 17 U.S.C. Section 101 et seq. the requested |
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electronic copy or the instructional material on which the |
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requested electronic copy is based. |
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(f) Each electronic copy of instructional material must: |
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(1) be in a format that: |
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(A) except as provided by Subsection (g), |
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contains all of the information that is in the instructional |
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material, including any text, sidebar, table of contents, chapter |
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headings, chapter subheadings, footnotes, index, glossary, and |
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bibliography, and is approved by the publisher or manufacturer, as |
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applicable, and the institution of higher education as a format |
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that will contain that material; and |
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(B) is compatible with commonly used Braille |
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translation and speech synthesis software; and |
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(2) include any correction or revision available at |
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the time the electronic copy is provided. |
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(g) If the publisher or manufacturer and the institution of |
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higher education are not able to agree on a format as required by |
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Subsection (f)(1)(A), the publisher or manufacturer, as |
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applicable, shall provide the electronic copy of the instructional |
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material in a format that can be read by a word processing |
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application and that contains as much of the material specified by |
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that subsection as is practicable. |
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(h) The coordinating board may impose a reasonable |
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administrative penalty, not to exceed $250 per violation, against a |
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publisher or manufacturer that knowingly violates this section. |
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The coordinating board shall provide for a hearing to be held, in |
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accordance with coordinating board rule, to determine whether a |
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penalty is to be imposed and the amount of any penalty. The |
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coordinating board shall base the amount of any penalty on: |
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(1) the seriousness of the violation; |
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(2) any history of a previous violation; |
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(3) the amount necessary to deter a future violation; |
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(4) any effort to correct the violation; and |
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(5) any other matter justice requires. |
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(i) The coordinating board, in consultation with an |
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advocacy organization for persons who are blind or visually |
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impaired, an advocacy organization for persons with dyslexia, |
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representatives from one or more instructional material publishing |
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companies or publishing associations, and institutions of higher |
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education, shall adopt rules for administering this section, |
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including rules that address: |
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(1) the method for identifying instructional material |
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considered to be required or essential for a student's success in a |
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course; |
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(2) the procedures and standards relating to |
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distribution of electronic copies of instructional material under |
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this section; and |
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(3) any other matter considered necessary or |
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appropriate for the administration of this section. |
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(j) Notwithstanding any other provision of this section, a |
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publisher or manufacturer is not required to comply with Subsection |
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(c) or (f), as applicable, if the coordinating board, using |
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procedures and criteria adopted by coordinating board rule and |
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based on information provided by the publisher or manufacturer, |
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determines that: |
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(1) compliance by the manufacturer or publisher would |
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violate a law, rule, or regulation relating to copyrights; or |
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(2) the instructional material on which the requested |
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electronic copy is based is: |
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(A) out of print; or |
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(B) in a format that makes it impracticable to |
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convert the material into an electronic format. |
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SECTION 2. (a) Section 51.970, Education Code, as added by |
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this Act, applies beginning with requests for electronic copies of |
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printed instructional material assigned for use by students in the |
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2008 spring semester. |
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(b) Not later than November 1, 2007, the Texas Higher |
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Education Coordinating Board shall adopt rules as required by |
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Section 51.970(i), Education Code, as added by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3382 was passed by the House on May |
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10, 2007, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3382 on May 25, 2007, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3382 on May 27, 2007, by the following vote: Yeas 142, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3382 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3382 on May 27, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |