H.B. No. 1027
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. Subchapter I, Chapter 51, Education Code, is
amended by adding Section 51.4521 to read as follows:
Sec. 51.4521. PUBLIC INSTITUTIONS: DISSEMINATION OF COURSE
SCHEDULE AND LIST OF REQUIRED AND RECOMMENDED COURSE MATERIALS.
(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
institution of higher education shall:
(1) 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 that specifies, to the extent practicable, the
following information for each course material, as applicable:
(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;
(F) whether the course material 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); and
(4) make 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 that serve the students of the institution.
(c) As soon as practicable after the information becomes
available, each institution of higher education shall make
available specific information regarding any revisions to the
institution's course schedule and course materials list.
(d) 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.
(f) To allow for timely placement of course material orders
by students, each institution of higher education shall establish a
deadline by which faculty members must submit information to be
included in the course schedule and course materials list required
by Subsection (b).
(g) If an institution of higher education or a college
bookstore publishes a course materials 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 51.451, Education Code, is amended by
amending Subdivision (4) and adding Subdivision (4-b) to read as
follows:
(4) "Institution of higher education" means:
(A) an institution of higher education as defined
by Section 61.003; or
(B) a private or independent institution of
higher education [as defined by Section 61.003].
(4-b) "Private or independent institution of higher
education" has the meaning assigned by Section 61.003.
SECTION 3. Section 51.452, Education Code, is amended to
read as follows:
Sec. 51.452. PRIVATE INSTITUTIONS: DISSEMINATION OF COURSE
SCHEDULE AND LIST OF REQUIRED AND RECOMMENDED TEXTBOOKS. (a) Each
private or independent 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 a list of the required and recommended textbooks that
specifies, to the extent practicable, the following information for
each textbook:
(A) the retail price;
(B) the author;
(C) the publisher;
(D) the most recent copyright date;
(E) the International Standard Book Number
assigned, if any; and
(F) whether the textbook is an open educational
resource;
(3) 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
(B) make that information available to college
bookstores and other bookstores that generally serve the students
of the institution; and
(4) except as provided by Subsection (b), as soon as
practicable after the information becomes available disseminate as
required by Subdivision (3) specific information regarding any
revisions to the institution's course schedule and textbook list.
(b) A private or independent [An] institution of higher
education 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.
(c) To allow for timely placement of textbook orders by
students, each private or independent institution of higher
education shall:
(1) establish a deadline by which faculty members must
submit information to be included in the course schedule and
textbook list required by Subsection (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.
(d) If a private or independent [an] institution of higher
education or a college bookstore publishes a 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.
SECTION 4. Section 51.452, Education Code, as amended by
this Act, and Section 51.4521, Education Code, as added by this Act,
apply beginning with the 2022 fall semester.
SECTION 5. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1027 was passed by the House on May 8,
2021, by the following vote: Yeas 132, Nays 7, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1027 on May 28, 2021, by the following vote: Yeas 131, Nays 16,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1027 was passed by the Senate, with
amendments, on May 27, 2021, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor