Texas 2021 - 87th Regular

Texas House Bill HB1027 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1027
	1	+	By: Parker, Howard, Raney H.B. No. 1027
	2	+	(Senate Sponsor - Creighton)
	3	+	(In the Senate - Received from the House May 10, 2021;
	4	+	May 10, 2021, read first time and referred to Committee on Higher
	5	+	Education; May 21, 2021, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	7	+	May 21, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1027 By: Miles
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the disclosure of certain information regarding course
6	15		materials by public institutions of higher education.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. Subchapter I, Chapter 51, Education Code, is
9	18		amended by adding Section 51.4521 to read as follows:
10	19		Sec. 51.4521. PUBLIC INSTITUTIONS: DISSEMINATION OF COURSE
11	20		SCHEDULE AND LIST OF REQUIRED AND RECOMMENDED COURSE MATERIALS.
12	21		(a) In this section:
13	22		(1) "Course material" means a textbook, supplemental
14	23		material, or open educational resource.
15	24		(2) "Institution of higher education,"
16	25		notwithstanding Section 51.451, has the meaning assigned by Section
17	26		61.003.
18	27		(b) Not later than the 30th day before the first day that
19	28		classes are conducted for each semester or academic term, each
20	29		institution of higher education shall:
21	30		(1) compile a course schedule indicating each course
22	31		offered by the institution for the semester or term to
23	32		postsecondary students;
24	33		(2) with respect to each course, include with the
25	34		schedule, or provide in a prominent location in the schedule a link
26	35		to an Internet website, such as the Internet website of a college
27	36		bookstore, that contains, a list of the required and recommended
28	37		course materials that specifies, to the extent practicable, the
29	38		following information for each course material, as applicable:
30	39		(A) the retail price;
31	40		(B) the author;
32	41		(C) the publisher or provider;
33	42		(D) the most recent copyright date;
34	43		(E) the International Standard Book Number
35	44		assigned, if any;
36	45		(F) whether the course material is an open
37	46		educational resource; and
38	47		(G) any associated fee or charge, such as a
39	48		technology cost, library use cost, or printing or publication fee;
40	49		(3) in a prominent location in the schedule, state or
41	50		provide an Internet website link to:
42	51		(A) the full amount of any fee or charge for
43	52		course materials assessed by the institution or another entity
44	53		under an agreement with the institution, including a statement
45	54		regarding whether the fee or charge is included in the cost of
46	55		tuition;
47	56		(B) if a course material is in a primarily
48	57		electronic format, the terms under which the publisher or provider
49	58		collects and uses student data obtained through a student's use of
50	59		the course material; and
51	60		(C) any provision that allows the student to opt
52	61		out of a fee or charge described by Paragraph (A); and
53	62		(4) make information regarding the cost of course
54	63		materials on the course materials list under Subdivision (2)
55	64		available to college bookstores and other providers of course
56	65		materials that serve the students of the institution.
57	66		(c) As soon as practicable after the information becomes
58	67		available, each institution of higher education shall make
59	68		available specific information regarding any revisions to the
60	69		institution's course schedule and course materials list.
61	70		(d) An institution of higher education shall itemize a fee
62	71		or charge for course materials assessed by the institution or
63	72		another entity under an agreement with the institution separately
64	73		from any other fees or charges assessed for a course or course
65	74		section in the institution's billing to the student. This
66	75		subsection may not be construed to prohibit an institution of
67	76		higher education from including the cost of course materials as
68	77		part of the institution's tuition.
69	78		(e) Any agreement between an institution of higher
70	79		education and an entity under which the institution agrees to
71	80		assess or allows the entity to assess a fee or charge for course
72	81		materials to students enrolled at the institution is public
73	82		information under Chapter 552, Government Code.
74	83		(f) To allow for timely placement of course material orders
75	84		by students, each institution of higher education shall establish a
76	85		deadline by which faculty members must submit information to be
77	86		included in the course schedule and course materials list required
78	87		by Subsection (b).
79	88		(g) If an institution of higher education or a college
80	89		bookstore publishes a course materials list with a course schedule
81	90		on an Internet website that provides a search function, the
82	91		institution or bookstore must:
83	92		(1) ensure that the search function permits a search
84	93		based on whether a course or section of a course requires or
85	94		recommends only open educational resources; or
86	95		(2) provide a searchable list of courses and sections
87	96		of courses that require or recommend only open educational
88	97		resources.
89	98		(h) If an institution of higher education designates in the
90	99		institution's course schedule certain courses or sections of
91	100		courses as having low course material costs or a similar
92	101		designation, the institution shall, in a prominent location in the
93	102		schedule, state or provide an Internet website link to the criteria
94	103		for that designation.
95	104		(i) This section may not be construed to affect any
96	105		authority granted to a faculty member by an institution of higher
97	106		education to select course materials for courses taught by the
98	107		faculty member.
99	108		SECTION 2. Section 51.451, Education Code, is amended by
100	109		amending Subdivision (4) and adding Subdivision (4-b) to read as
101	110		follows:
102	111		(4) "Institution of higher education" means:
103	112		(A) an institution of higher education as defined
104	113		by Section 61.003; or
105	114		(B) a private or independent institution of
106	115		higher education [as defined by Section 61.003].
107	116		(4-b) "Private or independent institution of higher
108	117		education" has the meaning assigned by Section 61.003.
109	118		SECTION 3. Section 51.452, Education Code, is amended to
110	119		read as follows:
111	120		Sec. 51.452. PRIVATE INSTITUTIONS: DISSEMINATION OF COURSE
112	121		SCHEDULE AND LIST OF REQUIRED AND RECOMMENDED TEXTBOOKS. (a) Each
113	122		private or independent institution of higher education shall:
114	123		(1) for each semester or academic term, compile a
115	124		course schedule indicating each course offered by the institution
116	125		for the semester or term to postsecondary students;
117	126		(2) with respect to each course, include with the
118	127		schedule a list of the required and recommended textbooks that
119	128		specifies, to the extent practicable, the following information for
120	129		each textbook:
121	130		(A) the retail price;
122	131		(B) the author;
123	132		(C) the publisher;
124	133		(D) the most recent copyright date;
125	134		(E) the International Standard Book Number
126	135		assigned, if any; and
127	136		(F) whether the textbook is an open educational
128	137		resource;
129	138		(3) except as provided by Subsection (b), at the time
130	139		required by Subsection (c)(2):
131	140		(A) publish the textbook list with the course
132	141		schedule on the institution's Internet website and with any course
133	142		schedule the institution provides in hard copy format to the
134	143		students of the institution; and
135	144		(B) make that information available to college
136	145		bookstores and other bookstores that generally serve the students
137	146		of the institution; and
138	147		(4) except as provided by Subsection (b), as soon as
139	148		practicable after the information becomes available disseminate as
140	149		required by Subdivision (3) specific information regarding any
141	150		revisions to the institution's course schedule and textbook list.
142	151		(b) A private or independent [An] institution of higher
143	152		education is not required to publish a textbook list as described by
144	153		Subsection (a)(3)(A) or any revisions to that textbook list as
145	154		described by Subsection (a)(4) if a college bookstore publishes
146	155		that list and any revisions to that list on the bookstore's Internet
147	156		website on behalf of the institution at the appropriate times
148	157		required by this section.
149	158		(c) To allow for timely placement of textbook orders by
150	159		students, each private or independent institution of higher
151	160		education shall:
152	161		(1) establish a deadline by which faculty members must
153	162		submit information to be included in the course schedule and
154	163		textbook list required by Subsection (a); and
155	164		(2) disseminate the institution's course schedule and
156	165		textbook list as required by Subsection (a)(3) as soon as
157	166		practicable after the institution has compiled the schedule and
158	167		list but not later than the 30th day before the first day that
159	168		classes are conducted for the semester or other academic term for
160	169		which the schedule and list are compiled.
161	170		(d) If a private or independent [an] institution of higher
162	171		education or a college bookstore publishes a textbook list with a
163	172		course schedule on an Internet website that provides a search
164	173		function, the institution or bookstore must:
165	174		(1) ensure that the search function permits a search
166	175		based on whether a course or section of a course requires or
167	176		recommends only open educational resources; or
168	177		(2) provide a searchable list of courses and sections
169	178		of courses that require or recommend only open educational
170	179		resources.
171	180		SECTION 4. Section 51.452, Education Code, as amended by
172	181		this Act, and Section 51.4521, Education Code, as added by this Act,
173	182		apply beginning with the 2022 fall semester.
174	183		SECTION 5. This Act takes effect September 1, 2021.
175		-	______________________________ ______________________________
176		-	President of the Senate Speaker of the House
177		-	I certify that H.B. No. 1027 was passed by the House on May 8,
178		-	2021, by the following vote: Yeas 132, Nays 7, 2 present, not
179		-	voting; and that the House concurred in Senate amendments to H.B.
180		-	No. 1027 on May 28, 2021, by the following vote: Yeas 131, Nays 16,
181		-	2 present, not voting.
182		-	______________________________
183		-	Chief Clerk of the House
184		-	I certify that H.B. No. 1027 was passed by the Senate, with
185		-	amendments, on May 27, 2021, by the following vote: Yeas 31, Nays
186		-	0.
187		-	______________________________
188		-	Secretary of the Senate
189		-	APPROVED: __________________
190		-	Date
191		-	__________________
192		-	Governor
	184	+	* * * * *