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A BILL TO BE ENTITLED
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AN ACT
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relating to measures to increase the affordability of textbooks |
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used for courses at public institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 51, Education Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. TEXTBOOKS |
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Sec. 51.451. DEFINITIONS. In this subchapter: |
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(1) "Custom textbook" means a textbook that is |
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compiled by a publisher at the direction of a faculty member or |
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other person in charge of selecting course materials at an |
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institution of higher education and that may include items such as |
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selections from original instructor materials, previously |
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copyrighted publisher materials, copyrighted third-party works, or |
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elements unique to a specific institution. |
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(2) "Faculty member" has the meaning assigned by |
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Section 51.917. |
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(3) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(4) "Supplemental material," with respect to a |
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textbook, means instructional material developed to accompany the |
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textbook, including printed materials, computer disks, website |
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access, and electronically distributed materials, other than |
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material that is part of an integrated textbook. |
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(5) "Textbook" means a book published primarily for |
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instruction in connection with a particular course or courses |
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offered to postsecondary students by an institution of higher |
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education. The term includes any edition of a textbook or set of |
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textbooks and any item considered supplemental specifically to the |
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textbook, regardless of whether the textbook and supplemental item |
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are sold together or separately. |
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(6) "Textbook bundle" means a textbook that is |
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combined with other instructional material, such as another |
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textbook or additional printed material, a computer disk, website |
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access, or electronically distributed material, and that is |
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packaged or otherwise offered for sale with that instructional |
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material at a single price. The term does not include a textbook |
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that is combined with other instructional material if that material |
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in its entirety is: |
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(A) required to be offered for sale with or as |
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part of the textbook, according to a third-party contractual |
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agreement; or |
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(B) interrelated with the content of the textbook |
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to such a degree that any separation of the material from the |
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textbook would render the textbook unusable for its intended |
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purpose. |
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(7) "University-affiliated bookstore" means a |
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bookstore that: |
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(A) sells textbooks for courses offered to |
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postsecondary students by an institution of higher education, |
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regardless of whether the bookstore is located on the campus of the |
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institution; and |
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(B) is operated by or with the approval of the |
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institution through ownership, a management agreement, a lease or |
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rental agreement, or otherwise. |
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Sec. 51.452. DISSEMINATION OF COURSE SCHEDULE AND LIST OF |
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REQUIRED AND RECOMMENDED TEXTBOOKS. (a) Each institution of |
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higher education shall: |
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(1) for each semester or academic term, compile a |
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course schedule indicating each course offered by the institution |
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for the semester or term to postsecondary students; |
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(2) with respect to each course, include with the |
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schedule a list of the required and recommended textbooks that |
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specifies, to the extent practicable, the following information for |
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each textbook: |
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(A) the retail price; |
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(B) the author; |
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(C) the publisher; |
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(D) the most recent copyright date; and |
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(E) the International Standard Book Number |
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assigned, if any; |
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(3) at the time required by Subsection (b)(2), publish |
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the course schedule and textbook list in hard copy format and on the |
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institution's Internet website and make the information available |
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to university-affiliated bookstores and other bookstores that |
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generally serve the students of the institution; and |
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(4) as soon as practicable after the information |
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becomes available, disseminate as required by Subdivision (3) |
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specific information regarding any revisions to the institution's |
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course schedule and textbook list. |
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(b) To allow for timely placement of textbook orders by |
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students, each institution of higher education shall: |
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(1) establish a deadline by which faculty members must |
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submit information to be included in the course schedule and |
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textbook list required by Subsection (a); and |
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(2) disseminate the institution's course schedule and |
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textbook list as required by Subsection (a)(3) as soon as |
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practicable after the institution has compiled the schedule and |
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list but not later than the 30th day before the first day that |
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classes are conducted for the semester or other academic term for |
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which the schedule and list are compiled. |
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Sec. 51.453. TEXTBOOK ASSISTANCE INFORMATION FOR STUDENTS. |
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To the extent practicable, an institution of higher education shall |
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make reasonable efforts to disseminate to its students information |
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regarding: |
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(1) available institutional programs for renting |
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textbooks or for purchasing used textbooks; |
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(2) available institutional guaranteed textbook |
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buyback programs; |
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(3) available institutional programs for alternative |
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delivery of textbook content; and |
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(4) other available institutional textbook |
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cost-savings strategies. |
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Sec. 51.454. TEXTBOOK PUBLISHERS: AVAILABILITY OF |
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INFORMATION TO FACULTY CONCERNING TEXTBOOK PRICES, REVISIONS, AND |
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COPYRIGHTS. (a) When a textbook publisher provides information |
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regarding a textbook or supplemental material to a faculty member |
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or other person in charge of selecting course materials at an |
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institution of higher education, the publisher shall also provide |
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to the faculty member or other person written information that |
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includes: |
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(1) the price at which the publisher would make the |
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textbook or supplemental material available to a |
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university-affiliated bookstore or other bookstore that generally |
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serves the students of the institution and, if applicable, to the |
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public; |
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(2) the copyright dates of the current and three |
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preceding editions of the textbook; |
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(3) a description of any substantial content revisions |
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made between the current edition of the textbook or supplemental |
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material and the most recent preceding edition of the textbook or |
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material, including the addition of new chapters, new material |
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covering additional time periods, new themes, or new subject |
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matter; |
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(4) information as to whether the textbook or |
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supplemental material is available in other formats, such as a |
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paperback or unbound version; and |
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(5) the price at which the publisher would make the |
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textbook or supplemental material in any alternative format |
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available to a bookstore described by Subdivision (1) and, if |
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applicable, to the public. |
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(b) A textbook publisher shall comply with this section with |
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respect to a custom textbook only to the extent reasonably |
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practicable. |
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Sec. 51.455. TEXTBOOK BUNDLES. A textbook publisher that |
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offers a textbook bundle for sale directly to students enrolled at |
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an institution of higher education or, for resale purposes, to a |
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university-affiliated bookstore or other bookstore that generally |
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serves the students of the institution shall also offer for sale to |
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the students or bookstore, as applicable, each individual item of |
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instructional material as a separate, unbundled item that is |
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separately priced. |
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SECTION 2. Subchapter I, Chapter 51, Education Code, as |
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added by this Act, applies beginning with the 2012 fall semester. |
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SECTION 3. This Act takes effect September 1, 2011. |