By: Kolkhorst  S.B. No. 810
         (In the Senate - Filed February 9, 2017; February 22, 2017,
  read first time and referred to Committee on Higher Education;
  April 18, 2017, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; April 18, 2017,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 810 By:  Seliger
 
 
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, 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; [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,
  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 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)  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 commission may not use appropriated funds in an
  amount greater than $100,000 for purposes of the study.  The
  commission 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.
 
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