By: Parker H.B. No. 1027
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of certain information regarding
textbooks and learning content management systems by certain
institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.452, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) If an institution of higher education designates in the
institution's course schedule certain courses or sections of
courses as having low textbook costs or a similar designation, the
institution shall, in a prominent location in the schedule, state
or provide an Internet website link to the criteria for that
designation.
SECTION 2. Subchapter I, Chapter 51, Education Code, is
amended by adding Section 51.456 to read as follows:
Sec. 51.456. AUTOMATIC CHARGES FOR TEXTBOOKS OR LEARNING
CONTENT MANAGEMENT SYSTEMS. (a) Notwithstanding Section 51.451,
in this section, "institution of higher education" has the meaning
assigned by Section 61.003.
(b) An institution of higher education shall disclose to a
student enrolled at the institution as provided by this section any
automatic charges assessed by the institution or another entity to
the student for textbooks or access to a learning content
management system.
(c) For a charge for textbooks described by Subsection (b)
that is assessed based on the cost of required or recommended
textbooks for a certain course or course section in which the
student is enrolled, the institution of higher education shall:
(1) in a prominent location in the institution's
course schedule under Section 51.452, state or provide an Internet
website link to:
(A) the full amount of the charge;
(B) if a textbook is in a primarily electronic
format, the terms under which the textbook publisher collects and
uses student data obtained through a student's use of the textbook;
and
(C) any provision that allows the student to opt
in or opt out of the charge; and
(2) itemize the charge separately from any other
charges assessed for the course or course section in the
institution's billing to the student.
(d) For a charge for access to a learning content management
system described by Subsection (b) or for a charge for textbooks
described by that subsection that is assessed on a basis not
described by Subsection (c), the institution of higher education
shall:
(1) except as provided by Subsection (f), include the
amount of the charge in the institution's tuition under Section
54.015; and
(2) in a prominent location in any written or
electronic agreement authorizing the charge, disclose:
(A) if the charge is for access to a learning
content management system or for a textbook in a primarily
electronic format, the terms under which the system provider or
textbook publisher collects and uses student data obtained through
a student's use of the system or textbook; and
(B) any provision that allows the student to opt
in or opt out of the charge.
(e) Notwithstanding any other provision of this title and
except as provided by Subsection (f):
(1) a charge described by Subsection (c) is considered
part of the institution of higher education's required fees for
purposes of this title; and
(2) a charge described by Subsection (d) is considered
part of the institution of higher education's tuition for purposes
of this title.
(f) Subsections (d)(1) and (e) do not apply to a charge
assessed only to students who opt in to paying the charge. A student
is not considered to have opted in to paying the charge if:
(1) the textbooks or access to a learning content
management system for which the charge is assessed is reasonably
necessary for the student to participate in or successfully
complete a course in which the student is enrolled; and
(2) for a charge for textbooks, the textbooks may only
be legally obtained from the institution or certain vendors
specified by the institution.
(g) Any agreement between an institution of higher
education and an entity under which the institution agrees to
assess or allows the entity to assess a charge described by
Subsection (b) to students enrolled at the institution is public
information under Chapter 552, Government Code.
(h) In this section, "learning content management system"
means any learning management platform, online homework system,
content platform, or other software-based system required to access
instructional materials.
SECTION 3. This Act applies beginning with the 2021 fall
semester.
SECTION 4. 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, 2021.