Texas 2009 - 81st Regular

Texas House Bill HB4617 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2631 KEL-D
2	2	By: Branch H.B. No. 4617
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the sale of instructional materials to students of
8	8	public institutions of higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
11	11	amended by adding Section 51.949 to read as follows:
12	12	Sec. 51.949. FAIR TREATMENT OF INDEPENDENT BOOKSTORES. (a)
13	13	In this section:
14	14	(1) "Institution of higher education" has the meaning
15	15	assigned by Section 61.003.
16	16	(2) "Instructional materials" means any printed or
17	17	computer-generated educational material, including textbooks, or
18	18	any equipment or supplies that a student is required or recommended
19	19	to use in connection with a course at an institution of higher
20	20	education.
21	21	(3) "University-affiliated bookstore" means a store
22	22	that sells instructional materials, regardless of whether the store
23	23	is located on the campus of an institution of higher education, and
24	24	that is operated by or with the approval of the institution through
25	25	ownership or through a management, lease, rental, or similar
26	26	agreement.
27	27	(b) This section does not apply to an institution of higher
28	28	education with a university-affiliated bookstore if the bookstore
29	29	is owned and operated by the institution.
30	30	(c) Each institution of higher education shall make
31	31	available for public inspection through the Internet or in person a
32	32	list of required or recommended instructional materials for a
33	33	semester or other academic term at the same time the institution
34	34	provides the list to the operator of a university-affiliated
35	35	bookstore.
36	36	(d) To the extent that space for an activity described by
37	37	this subsection is available, an institution of higher education
38	38	shall provide to a retailer or other provider of instructional
39	39	materials that holds a sales tax permit issued to the provider under
40	40	Subchapter F, Chapter 151, Tax Code, the same opportunity as an
41	41	operator of a university-affiliated bookstore to participate in any
42	42	programs related to the dissemination or provision of instructional
43	43	materials to students of the institution, including providing
44	44	information at student orientation or participating in a program of
45	45	repurchasing instructional materials. If sufficient space is not
46	46	available for each provider of instructional materials, other than
47	47	an operator of a university-affiliated bookstore, that holds a
48	48	sales tax permit and that applies to participate in an activity
49	49	described by this subsection, the institution shall provide the
50	50	available space in the same order as those providers applied to
51	51	participate in the activity.
52	52	(e) An institution of higher education may charge to a
53	53	provider of instructional materials, other than an operator of a
54	54	university-affiliated bookstore, a reasonable fee for
55	55	participation in an activity described by Subsection (d).
56	56	(f) If an institution of higher education works with a
57	57	university-affiliated bookstore to provide a method for the
58	58	extension of credit or the ability of a student to charge or
59	59	otherwise delay the payment of the costs of instructional
60	60	materials, including the extension of credit under Section
61	61	51.929(b), the institution shall provide to any other provider of
62	62	instructional materials to students of the institution that holds a
63	63	sales tax permit issued to the provider under Subchapter F, Chapter
64	64	151, Tax Code, equal access and opportunity to use or develop the
65	65	same or similar method of payment at a reasonable cost to that
66	66	person.
67	67	(g) Subsection (f) does not restrict an institution of
68	68	higher education from adopting or enforcing a policy that is
69	69	necessary to ensure the institution's compliance with a rule or
70	70	policy of the National Collegiate Athletic Association or of
71	71	another organization governing intercollegiate athletic
72	72	competition of which the institution is a member.
73	73	SECTION 2. (a) Section 51.949, Education Code, as added by
74	74	this Act, applies only to a semester or term that begins on or after
75	75	the effective date of this Act.
76	76	(b) Section 51.949, Education Code, as added by this Act,
77	77	does not affect the terms of a contract entered into before the
78	78	effective date of this Act, except that if the contract is renewed
79	79	on or after the effective date of this Act, Section 51.949 applies
80	80	to the contract beginning on the date of renewal.
81	81	(c) As soon as practicable on or after the effective date of
82	82	this Act, each public institution of higher education to which
83	83	Section 51.949, Education Code, as added by this Act, applies shall
84	84	designate an officer or employee of the institution to ensure the
85	85	institution's compliance with that section.
86	86	SECTION 3. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2009.