By: Van de Putte, West S.B. No. 215
A BILL TO BE ENTITLED
AN ACT
relating to the sale of instructional materials to students of
public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.949 to read as follows:
Sec. 51.949. FAIR TREATMENT OF INDEPENDENT BOOKSTORES.
(a) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Instructional materials" means any printed or
computer-generated educational material, including textbooks, or
any equipment or supplies that a student is required or recommended
to use in connection with a course at an institution of higher
education.
(3) "University-affiliated bookstore" means a store
that sells instructional materials, regardless of whether the store
is located on the campus of an institution of higher education, and
that is operated by or with the approval of the institution through
ownership or through a management, lease, rental, or similar
agreement.
(b) This section does not apply to an institution of higher
education with a university-affiliated bookstore if the bookstore
is owned and operated by the institution.
(c) Each institution of higher education shall make
available for public inspection through the Internet or in person a
list of required or recommended instructional materials for a
semester or other academic term at the same time the institution
provides the list to the operator of a university-affiliated
bookstore.
(d) An institution of higher education shall provide to a
retailer or other provider of instructional materials that holds a
sales tax permit issued to the provider under Subchapter F, Chapter
151, Tax Code, including the operator of a university-affiliated
bookstore, a variety of opportunities to participate in any
promotional activities related to the sale or repurchase of
instructional materials to or from students of the institution. A
provider of instructional materials, other than an operator of a
university-affiliated bookstore, may conduct the promotional
activities described by this subsection only during the following
periods:
(1) during the week preceding each semester or summer
term;
(2) during the first week of each semester or summer
term;
(3) during any student orientation conducted by or for
the institution; and
(4) during the two-week period preceding the last
final examination administered during each semester or summer term.
(e) If sufficient space is not available for each provider
of instructional materials, other than an operator of a
university-affiliated bookstore, that holds a sales tax permit and
that applies to participate in an activity described by Subsection
(d), the institution shall provide the available space in the same
order as those providers applied to participate in the activity.
(f) Subsections (d) and (e) do not permit any provider of
instructional materials that is not an operator of a
university-affiliated bookstore to sell or repurchase
instructional materials on the campus of the institution.
(g) An institution of higher education may charge to a
provider of instructional materials, other than an operator of a
university-affiliated bookstore, a reasonable fee for
participation in an activity described by Subsection (d).
(h) If an institution of higher education works with a
university-affiliated bookstore to provide a method for the
extension of credit or the ability of a student to charge or
otherwise delay the payment of the costs of instructional
materials, including the extension of credit under Section
51.929(b), the institution shall provide to any other provider of
instructional materials to students of the institution that holds a
sales tax permit issued to the provider under Subchapter F, Chapter
151, Tax Code, equal access and opportunity to use or develop the
same or similar method of payment at a reasonable cost to that
person.
(i) Subsection (h) does not restrict an institution of
higher education from adopting or enforcing a policy that is
necessary to ensure the institution's compliance with a rule or
policy of the National Collegiate Athletic Association or of
another organization governing intercollegiate athletic
competition of which the institution is a member.
SECTION 2. (a) Section 51.949, Education Code, as added by
this Act, applies only to a semester or term that begins on or after
the effective date of this Act.
(b) Section 51.949, Education Code, as added by this Act,
does not affect the terms of a contract entered into before the
effective date of this Act, except that if the contract is renewed,
modified, or extended on or after the effective date of this Act,
Section 51.949 applies to the contract beginning on the date of
renewal, modification, or extension.
(c) As soon as practicable on or after the effective date of
this Act, each public institution of higher education to which
Section 51.949, Education Code, as added by this Act, applies shall
designate an officer or employee of the institution to ensure the
institution's compliance with that section.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.