81R6845 KEL-D
By: Vo H.B. No. 1733
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting inducements to employees of a public
institution of higher education for requiring or recommending
textbooks or instructional materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9701 to read as follows:
Sec. 51.9701. POLICY PROHIBITING INDUCEMENT FOR TEXTBOOK
SELECTION. (a) In this section, "governing board" and
"institution of higher education" have the meanings assigned by
Section 61.003.
(b) The governing board of each institution of higher
education shall adopt a policy that prohibits an employee of the
institution from requesting or receiving any inducement for
requiring students of the institution to purchase or use, or for
recommending that students purchase or use, a specific textbook or
other instructional material for course work or instruction at the
institution. The policy must include a description of the
sanctions that may apply to an employee who violates the policy.
(c) For purposes of Subsection (b), an inducement does not
include:
(1) any textbook or instructional material that is not
for sale, such as a sample copy or instructor's copy; or
(2) a royalty or other compensation received by an
employee from the sale of one or more textbooks or items of
instructional material based wholly or partly on the employee's own
writing, work, or other contribution to the textbook or material.
(d) The governing board shall seek advice and comment from
employees and students at the institution before adopting a policy
under this section.
(e) The governing board shall make the policy available to
the public by publishing the policy in the institution's catalog
and by any other method the board considers appropriate.
(f) The governing board shall file a copy of the policy
adopted under this section, and any amendments to that policy, with
the Texas Higher Education Coordinating Board.
SECTION 2. Not later than January 1, 2010, each governing
board of an institution of higher education shall adopt the policy
required by Section 51.9701, Education Code, as added by this Act,
for that institution, and not later than August 1, 2010, shall file
a copy of the policy with the Texas Higher Education Coordinating
Board.
SECTION 3. This Act takes effect September 1, 2009.