| 1 | 1 | | 81R4115 KEL-D |
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| 2 | 2 | | By: Vo H.B. No. 1096 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the provision of notice regarding the availability of |
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| 8 | 8 | | higher education textbooks through multiple retailers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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| 11 | 11 | | amended by adding Section 51.9705 to read as follows: |
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| 12 | 12 | | Sec. 51.9705. NOTICE REGARDING AVAILABILITY OF TEXTBOOKS |
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| 13 | 13 | | THROUGH MULTIPLE RETAILERS. (a) In this section: |
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| 14 | 14 | | (1) "Institution of higher education" has the meaning |
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| 15 | 15 | | assigned by Section 61.003. |
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| 16 | 16 | | (2) "University-affiliated bookstore" means a |
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| 17 | 17 | | bookstore that: |
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| 18 | 18 | | (A) sells textbooks for courses offered by an |
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| 19 | 19 | | institution of higher education, regardless of whether the |
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| 20 | 20 | | bookstore is located on the campus of the institution; and |
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| 21 | 21 | | (B) is operated by or with the approval of the |
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| 22 | 22 | | institution through ownership, a management agreement, a lease or |
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| 23 | 23 | | rental agreement, or otherwise. |
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| 24 | 24 | | (b) The Texas Higher Education Coordinating Board shall |
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| 25 | 25 | | prescribe procedures by which each institution of higher education |
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| 26 | 26 | | shall provide to each student enrolled at the institution written |
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| 27 | 27 | | notice regarding the availability of required or recommended |
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| 28 | 28 | | textbooks through retailers other than university-affiliated |
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| 29 | 29 | | bookstores. The procedures must require the institution to provide |
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| 30 | 30 | | the notice to students: |
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| 31 | 31 | | (1) during the first three weeks of each semester or |
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| 32 | 32 | | the first week of a summer term, as applicable; and |
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| 33 | 33 | | (2) in a hard copy format in a manner that ensures that |
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| 34 | 34 | | the notice is reasonably likely to come to the attention of each |
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| 35 | 35 | | student. |
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| 36 | 36 | | (c) The notice must: |
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| 37 | 37 | | (1) be written in at least 10-point type; and |
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| 38 | 38 | | (2) state that a student is not under any obligation to |
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| 39 | 39 | | purchase a textbook from a university-affiliated bookstore and that |
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| 40 | 40 | | the same textbook may be available from an independent retailer, |
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| 41 | 41 | | including an online retailer, at a lower price than the price |
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| 42 | 42 | | charged for that textbook by a university-affiliated bookstore. |
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| 43 | 43 | | (d) The coordinating board shall adopt rules to administer |
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| 44 | 44 | | this section. |
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| 45 | 45 | | SECTION 2. (a) The change in law made by this Act applies |
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| 46 | 46 | | beginning with the 2009 fall semester. |
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| 47 | 47 | | (b) The Texas Higher Education Coordinating Board shall |
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| 48 | 48 | | adopt rules under Section 51.9705, Education Code, as added by this |
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| 49 | 49 | | Act, as soon as practicable after this Act takes effect. For that |
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| 50 | 50 | | purpose, the board may adopt the initial rules in the manner |
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| 51 | 51 | | provided by law for adoption of emergency rules. |
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| 52 | 52 | | SECTION 3. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2009. |
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