By: Parker, Howard, Raney H.B. No. 1027
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of certain information regarding course
materials by public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.452, Education Code, is amended to
read as follows:
Sec. 51.452. DISSEMINATION OF COURSE SCHEDULE AND LIST OF
REQUIRED AND RECOMMENDED COURSE MATERIALS [TEXTBOOKS]. (a) In
this section:
(1) "Course material" means a textbook, supplemental
material, or open educational resource.
(2) "Institution of higher education,"
notwithstanding Section 51.451, has the meaning assigned by Section
61.003.
(b) Not later than the 30th day before the first day that
classes are conducted for each semester or academic term, each
[Each] institution of higher education shall:
(1) [for each semester or academic term,] compile a
course schedule indicating each course offered by the institution
for the semester or term to postsecondary students;
(2) with respect to each course, include with the
schedule, or provide in a prominent location in the schedule a link
to an Internet website, such as the Internet website of a college
bookstore, that contains, a list of the required and recommended
course materials [textbooks] that specifies, to the extent
practicable, the following information for each course material, as
applicable [textbook]:
(A) the retail price;
(B) the author;
(C) the publisher or provider;
(D) the most recent copyright date;
(E) the International Standard Book Number
assigned, if any; [and]
(F) whether the course material [textbook] is an
open educational resource; and
(G) any associated fee or charge, such as a
technology cost, library use cost, or printing or publication fee;
(3) in a prominent location in the schedule, state or
provide an Internet website link to:
(A) the full amount of any fee or charge for
course materials assessed by the institution or another entity
under an agreement with the institution, including a statement
regarding whether the fee or charge is included in the cost of
tuition;
(B) if a course material is in a primarily
electronic format, the terms under which the publisher or provider
collects and uses student data obtained through a student's use of
the course material; and
(C) any provision that allows the student to opt
out of a fee or charge described by Paragraph (A) [except as
provided by Subsection (b), at the time required by Subsection
(c)(2):
[(A) publish the textbook list with the course
schedule on the institution's Internet website and with any course
schedule the institution provides in hard copy format to the
students of the institution]; and
(4) [(B)] make [that] information regarding the cost
of course materials on the course materials list under Subdivision
(2) available to college bookstores and other providers of course
materials [bookstores] that [generally] serve the students of the
institution.
(c) As [; and
[(4) except as provided by Subsection (b), as] soon as
practicable after the information becomes available, each
institution of higher education shall make available [disseminate
as required by Subdivision (3)] specific information regarding any
revisions to the institution's course schedule and course materials
[textbook] list.
(d) [(b)] An institution of higher education shall itemize
a fee or charge for course materials assessed by the institution or
another entity under an agreement with the institution separately
from any other fees or charges assessed for a course or course
section in the institution's billing to the student. This
subsection may not be construed to prohibit an institution of
higher education from including the cost of course materials as
part of the institution's tuition.
(e) 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 fee or charge for course
materials to students enrolled at the institution is public
information under Chapter 552, Government Code [is not required to
publish a textbook list as described by Subsection (a)(3)(A) or any
revisions to that textbook list as described by Subsection (a)(4)
if a college bookstore publishes that list and any revisions to that
list on the bookstore's Internet website on behalf of the
institution at the appropriate times required by this section].
(f) [(c)] To allow for timely placement of course material
[textbook] orders by students, each institution of higher education
shall[:
[(1)] establish a deadline by which faculty members
must submit information to be included in the course schedule and
course materials [textbook] list required by Subsection (b) [(a);
and
[(2) disseminate the institution's course schedule and
textbook list as required by Subsection (a)(3) as soon as
practicable after the institution has compiled the schedule and
list but not later than the 30th day before the first day that
classes are conducted for the semester or other academic term for
which the schedule and list are compiled].
(g) [(d)] If an institution of higher education or a college
bookstore publishes a course materials [textbook] list with a
course schedule on an Internet website that provides a search
function, the institution or bookstore must:
(1) ensure that the search function permits a search
based on whether a course or section of a course requires or
recommends only open educational resources; or
(2) provide a searchable list of courses and sections
of courses that require or recommend only open educational
resources.
(h) If an institution of higher education designates in the
institution's course schedule certain courses or sections of
courses as having low course material 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.
(i) This section may not be construed to affect any
authority granted to a faculty member by an institution of higher
education to select course materials for courses taught by the
faculty member.
SECTION 2. Section 51.452, Education Code, as amended by
this Act, applies beginning with the 2022 fall semester.
SECTION 3. This Act takes effect September 1, 2021.