| 1 | 1 | | 81R6845 KEL-D |
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| 2 | 2 | | By: Vo H.B. No. 1733 |
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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 prohibiting inducements to employees of a public |
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| 8 | 8 | | institution of higher education for requiring or recommending |
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| 9 | 9 | | textbooks or instructional materials. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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| 12 | 12 | | amended by adding Section 51.9701 to read as follows: |
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| 13 | 13 | | Sec. 51.9701. POLICY PROHIBITING INDUCEMENT FOR TEXTBOOK |
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| 14 | 14 | | SELECTION. (a) In this section, "governing board" and |
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| 15 | 15 | | "institution of higher education" have the meanings assigned by |
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| 16 | 16 | | Section 61.003. |
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| 17 | 17 | | (b) The governing board of each institution of higher |
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| 18 | 18 | | education shall adopt a policy that prohibits an employee of the |
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| 19 | 19 | | institution from requesting or receiving any inducement for |
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| 20 | 20 | | requiring students of the institution to purchase or use, or for |
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| 21 | 21 | | recommending that students purchase or use, a specific textbook or |
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| 22 | 22 | | other instructional material for course work or instruction at the |
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| 23 | 23 | | institution. The policy must include a description of the |
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| 24 | 24 | | sanctions that may apply to an employee who violates the policy. |
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| 25 | 25 | | (c) For purposes of Subsection (b), an inducement does not |
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| 26 | 26 | | include: |
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| 27 | 27 | | (1) any textbook or instructional material that is not |
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| 28 | 28 | | for sale, such as a sample copy or instructor's copy; or |
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| 29 | 29 | | (2) a royalty or other compensation received by an |
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| 30 | 30 | | employee from the sale of one or more textbooks or items of |
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| 31 | 31 | | instructional material based wholly or partly on the employee's own |
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| 32 | 32 | | writing, work, or other contribution to the textbook or material. |
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| 33 | 33 | | (d) The governing board shall seek advice and comment from |
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| 34 | 34 | | employees and students at the institution before adopting a policy |
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| 35 | 35 | | under this section. |
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| 36 | 36 | | (e) The governing board shall make the policy available to |
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| 37 | 37 | | the public by publishing the policy in the institution's catalog |
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| 38 | 38 | | and by any other method the board considers appropriate. |
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| 39 | 39 | | (f) The governing board shall file a copy of the policy |
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| 40 | 40 | | adopted under this section, and any amendments to that policy, with |
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| 41 | 41 | | the Texas Higher Education Coordinating Board. |
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| 42 | 42 | | SECTION 2. Not later than January 1, 2010, each governing |
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| 43 | 43 | | board of an institution of higher education shall adopt the policy |
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| 44 | 44 | | required by Section 51.9701, Education Code, as added by this Act, |
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| 45 | 45 | | for that institution, and not later than August 1, 2010, shall file |
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| 46 | 46 | | a copy of the policy with the Texas Higher Education Coordinating |
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| 47 | 47 | | Board. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2009. |
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