| 1 | 1 | | 82R25912 KEL-D |
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| 2 | 2 | | By: Brown H.B. No. 537 |
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| 3 | 3 | | Substitute the following for H.B. No. 537: |
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| 4 | 4 | | By: Brown C.S.H.B. No. 537 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to fair treatment of all providers of instructional |
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| 10 | 10 | | materials to students enrolled at public institutions of higher |
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| 11 | 11 | | education. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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| 14 | 14 | | amended by adding Section 51.949 to read as follows: |
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| 15 | 15 | | Sec. 51.949. FAIR TREATMENT OF PROVIDERS OF INSTRUCTIONAL |
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| 16 | 16 | | MATERIALS. (a) In this section: |
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| 17 | 17 | | (1) "Institution of higher education" has the meaning |
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| 18 | 18 | | assigned by Section 61.003. |
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| 19 | 19 | | (2) "Instructional materials" means any printed or |
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| 20 | 20 | | computer-generated educational material, including textbooks, or |
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| 21 | 21 | | any equipment or supplies that a student is required or recommended |
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| 22 | 22 | | to use in connection with a course at an institution of higher |
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| 23 | 23 | | education. |
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| 24 | 24 | | (b) An institution of higher education may not grant |
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| 25 | 25 | | preference to any provider of textbooks or other instructional |
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| 26 | 26 | | materials in conducting activities of the institution during |
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| 27 | 27 | | student orientation or as part of any program for repurchasing |
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| 28 | 28 | | instructional materials from students. |
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| 29 | 29 | | SECTION 2. (a) Section 51.949, Education Code, as added by |
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| 30 | 30 | | this Act, applies only to a semester or term that begins on or after |
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| 31 | 31 | | the effective date of this Act. |
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| 32 | 32 | | (b) Section 51.949, Education Code, as added by this Act, |
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| 33 | 33 | | does not affect the terms of a contract entered into before the |
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| 34 | 34 | | effective date of this Act, except that if the contract is renewed, |
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| 35 | 35 | | modified, or extended on or after the effective date of this Act, |
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| 36 | 36 | | Section 51.949 applies to the contract beginning on the date of |
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| 37 | 37 | | renewal, modification, or extension. |
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| 38 | 38 | | SECTION 3. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2011. |
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