| 1 | 1 | | 86R4713 KJE-F |
|---|
| 2 | 2 | | By: Menéndez S.B. No. 1536 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to authorizing a public institution of higher education to |
|---|
| 8 | 8 | | include certain textbook costs in the institution's charge for |
|---|
| 9 | 9 | | tuition or required fees. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter A, Chapter 54, Education Code, is |
|---|
| 12 | 12 | | amended by adding Section 54.019 to read as follows: |
|---|
| 13 | 13 | | Sec. 54.019. INCLUSION OF CERTAIN TEXTBOOK COSTS IN TUITION |
|---|
| 14 | 14 | | OR FEES CHARGE. (a) The governing board of an institution of |
|---|
| 15 | 15 | | higher education may establish in accordance with this section a |
|---|
| 16 | 16 | | textbook affordability program under which the institution may |
|---|
| 17 | 17 | | include the cost of any textbooks or other materials required for a |
|---|
| 18 | 18 | | course in the tuition or required fees charged by the institution |
|---|
| 19 | 19 | | for the course. The institution may establish the program only if, |
|---|
| 20 | 20 | | in accordance with 34 C.F.R. Section 668.164(c)(2), the |
|---|
| 21 | 21 | | institution: |
|---|
| 22 | 22 | | (1) enters into an agreement with a book publisher or |
|---|
| 23 | 23 | | other entity to make those textbooks or materials available to |
|---|
| 24 | 24 | | students at below competitive market rates; |
|---|
| 25 | 25 | | (2) provides students a means of obtaining those |
|---|
| 26 | 26 | | textbooks or materials not later than the seventh day of the |
|---|
| 27 | 27 | | semester or other term in which the textbooks or materials are |
|---|
| 28 | 28 | | required; and |
|---|
| 29 | 29 | | (3) adopts a policy under which a student may opt out |
|---|
| 30 | 30 | | of having the cost of those textbooks or materials included in the |
|---|
| 31 | 31 | | tuition or required fees charged to the student. |
|---|
| 32 | 32 | | (b) The cost of textbooks or other materials included in an |
|---|
| 33 | 33 | | institution of higher education's charge for tuition or required |
|---|
| 34 | 34 | | fees under Subsection (a) is not subject to a limitation placed on |
|---|
| 35 | 35 | | the amount of a fee under this chapter or any other provision of |
|---|
| 36 | 36 | | this code. |
|---|
| 37 | 37 | | (c) The Texas Higher Education Coordinating Board may adopt |
|---|
| 38 | 38 | | rules for the administration of a textbook affordability program |
|---|
| 39 | 39 | | established under this section. |
|---|
| 40 | 40 | | SECTION 2. The change in law made by this Act applies |
|---|
| 41 | 41 | | beginning with the 2019 fall semester. |
|---|
| 42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 46 | 46 | | Act takes effect September 1, 2019. |
|---|