Texas 2009 - 81st Regular

Texas Senate Bill SB215 Compare Versions

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1	1	By: Van de Putte, West S.B. No. 215
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the sale of instructional materials to students of
7	7	public institutions of higher education.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter Z, Chapter 51, Education Code, is
10	10	amended by adding Section 51.949 to read as follows:
11	11	Sec. 51.949. FAIR TREATMENT OF INDEPENDENT BOOKSTORES.
12	12	(a) In this section:
13	13	(1) "Institution of higher education" has the meaning
14	14	assigned by Section 61.003.
15	15	(2) "Instructional materials" means any printed or
16	16	computer-generated educational material, including textbooks, or
17	17	any equipment or supplies that a student is required or recommended
18	18	to use in connection with a course at an institution of higher
19	19	education.
20	20	(3) "University-affiliated bookstore" means a store
21	21	that sells instructional materials, regardless of whether the store
22	22	is located on the campus of an institution of higher education, and
23	23	that is operated by or with the approval of the institution through
24	24	ownership or through a management, lease, rental, or similar
25	25	agreement.
26	26	(b) This section does not apply to an institution of higher
27	27	education with a university-affiliated bookstore if the bookstore
28	28	is owned and operated by the institution.
29	29	(c) Each institution of higher education shall make
30	30	available for public inspection through the Internet or in person a
31	31	list of required or recommended instructional materials for a
32	32	semester or other academic term at the same time the institution
33	33	provides the list to the operator of a university-affiliated
34	34	bookstore.
35	35	(d) An institution of higher education shall provide to a
36	36	retailer or other provider of instructional materials that holds a
37	37	sales tax permit issued to the provider under Subchapter F, Chapter
38	38	151, Tax Code, including the operator of a university-affiliated
39	39	bookstore, a variety of opportunities to participate in any
40	40	promotional activities related to the sale or repurchase of
41	41	instructional materials to or from students of the institution. A
42	42	provider of instructional materials, other than an operator of a
43	43	university-affiliated bookstore, may conduct the promotional
44	44	activities described by this subsection only during the following
45	45	periods:
46	46	(1) during the week preceding each semester or summer
47	47	term;
48	48	(2) during the first week of each semester or summer
49	49	term;
50	50	(3) during any student orientation conducted by or for
51	51	the institution; and
52	52	(4) during the two-week period preceding the last
53	53	final examination administered during each semester or summer term.
54	54	(e) If sufficient space is not available for each provider
55	55	of instructional materials, other than an operator of a
56	56	university-affiliated bookstore, that holds a sales tax permit and
57	57	that applies to participate in an activity described by Subsection
58	58	(d), the institution shall provide the available space in the same
59	59	order as those providers applied to participate in the activity.
60	60	(f) Subsections (d) and (e) do not permit any provider of
61	61	instructional materials that is not an operator of a
62	62	university-affiliated bookstore to sell or repurchase
63	63	instructional materials on the campus of the institution.
64	64	(g) An institution of higher education may charge to a
65	65	provider of instructional materials, other than an operator of a
66	66	university-affiliated bookstore, a reasonable fee for
67	67	participation in an activity described by Subsection (d).
68	68	(h) If an institution of higher education works with a
69	69	university-affiliated bookstore to provide a method for the
70	70	extension of credit or the ability of a student to charge or
71	71	otherwise delay the payment of the costs of instructional
72	72	materials, including the extension of credit under Section
73	73	51.929(b), the institution shall provide to any other provider of
74	74	instructional materials to students of the institution that holds a
75	75	sales tax permit issued to the provider under Subchapter F, Chapter
76	76	151, Tax Code, equal access and opportunity to use or develop the
77	77	same or similar method of payment at a reasonable cost to that
78	78	person.
79	79	(i) Subsection (h) does not restrict an institution of
80	80	higher education from adopting or enforcing a policy that is
81	81	necessary to ensure the institution's compliance with a rule or
82	82	policy of the National Collegiate Athletic Association or of
83	83	another organization governing intercollegiate athletic
84	84	competition of which the institution is a member.
85	85	SECTION 2. (a) Section 51.949, Education Code, as added by
86	86	this Act, applies only to a semester or term that begins on or after
87	87	the effective date of this Act.
88	88	(b) Section 51.949, Education Code, as added by this Act,
89	89	does not affect the terms of a contract entered into before the
90	90	effective date of this Act, except that if the contract is renewed,
91	91	modified, or extended on or after the effective date of this Act,
92	92	Section 51.949 applies to the contract beginning on the date of
93	93	renewal, modification, or extension.
94	94	(c) As soon as practicable on or after the effective date of
95	95	this Act, each public institution of higher education to which
96	96	Section 51.949, Education Code, as added by this Act, applies shall
97	97	designate an officer or employee of the institution to ensure the
98	98	institution's compliance with that section.
99	99	SECTION 3. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2009.