81R20889 KEL-D
By: Vo H.B. No. 1096
Substitute the following for H.B. No. 1096:
By: Alonzo C.S.H.B. No. 1096
A BILL TO BE ENTITLED
AN ACT
relating to the provision of notice regarding the availability of
higher education textbooks through multiple retailers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9705 to read as follows:
Sec. 51.9705. NOTICE REGARDING AVAILABILITY OF TEXTBOOKS
THROUGH MULTIPLE RETAILERS. (a) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "University-affiliated bookstore" means a
bookstore that:
(A) sells textbooks for courses offered by an
institution of higher education, regardless of whether the
bookstore is located on the campus of the institution; and
(B) is operated by or with the approval of the
institution through ownership, a management agreement, a lease or
rental agreement, or otherwise.
(b) The Texas Higher Education Coordinating Board shall
prescribe procedures by which each institution of higher education
shall provide to each student enrolled at the institution written
notice regarding the availability of required or recommended
textbooks through university-affiliated bookstores and through
retailers other than university-affiliated bookstores. The
procedures must require the institution to provide the notice:
(1) to each student of the institution during the week
preceding each fall and spring semester;
(2) to each student enrolled at the institution in a
semester or summer term during the first three weeks of the semester
or the first week of the summer term, as applicable; and
(3) to students or prospective students of the
institution attending an orientation conducted by or for the
institution.
(c) The notice shall be provided in a hard-copy or
electronic format in a manner that ensures that the notice is
reasonably likely to come to the attention of a student receiving
the notice. The notice must contain the following:
"A student of this institution is not under any obligation to
purchase a textbook from a university-affiliated bookstore. Be
aware that the same textbook may also be available from an
independent retailer, including an online retailer."
(d) The coordinating board shall adopt rules to administer
this section.
SECTION 2. (a) The change in law made by this Act applies
beginning with the 2009 fall semester.
(b) The Texas Higher Education Coordinating Board shall
adopt rules under Section 51.9705, Education Code, as added by this
Act, as soon as practicable after this Act takes effect. For that
purpose, the board may adopt the initial rules in the manner
provided by law for adoption of emergency rules.
SECTION 3. 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, 2009.