Texas 2021 - 87th Regular

Texas House Bill HB1707 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R7243 KJE-F
2	2	By: Howard H.B. No. 1707
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain automatic charges for instructional materials
8	8	assessed to students enrolled at a public institution of higher
9	9	education.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter E, Chapter 54, Education Code, is
12	12	amended by adding Section 54.5012 to read as follows:
13	13	Sec. 54.5012. CERTAIN AUTOMATIC CHARGES FOR INSTRUCTIONAL
14	14	MATERIALS. (a) In this section:
15	15	(1) "Instructional material" means content in any
16	16	medium or combination of media used or intended to be used for
17	17	conveying information to a student. The term includes a book,
18	18	supplementary material, computer software, magnetic media, DVD,
19	19	CD-ROM, computer courseware, online subscription, streaming video,
20	20	or other means of conveying content to a student or otherwise
21	21	contributing to the learning process through electronic means and
22	22	any package or bundle of such media.
23	23	(2) "Open educational resource" has the meaning
24	24	assigned by Section 51.451.
25	25	(b) An institution of higher education may not assess, or
26	26	enter into an agreement with an entity that allows the entity to
27	27	assess, an automatic charge for instructional materials required or
28	28	recommended for a course or course section to a student enrolled in
29	29	that course or course section unless:
30	30	(1) the charge is significantly less than the price at
31	31	which the student could acquire from any generally available source
32	32	the same or substantially similar instructional materials in a
33	33	similar format and condition and, if applicable, under similar
34	34	rental or digital access terms;
35	35	(2) the instructional materials are made available to
36	36	the student not later than:
37	37	(A) the first day of the semester or term, if the
38	38	student enrolls in the course or course section at least seven days
39	39	before the first day of the semester or term; or
40	40	(B) the seventh day after enrollment in the
41	41	course or course section;
42	42	(3) the institution assesses the charge only if:
43	43	(A) the student opts in to the charge; and
44	44	(B) the instructional materials are not
45	45	reasonably necessary for a student to participate in or
46	46	successfully complete the course or course section; and
47	47	(4) the listing for the course or course section in the
48	48	institution's course schedule under Section 51.452 states or
49	49	provides an Internet website link to the full amount of the charge
50	50	separately from any other charges assessed for the course or course
51	51	section.
52	52	(c) An institution of higher education may not calculate the
53	53	amount of a charge described by Subsection (b) on any basis other
54	54	than the cost of the instructional materials unless:
55	55	(1) the institution adopts a policy to ensure that the
56	56	charge is not assessed to a student for a course or course section
57	57	for which all required instructional materials are generally
58	58	available at no cost in at least one form to the student, such as an
59	59	open educational resource or other materials generally available at
60	60	no cost through the institution's library or to all students
61	61	enrolled in the course or course section; and
62	62	(2) the amount of the charge, including any increase
63	63	in the charge, is approved by a majority vote of the students voting
64	64	in an election held for that purpose.
65	65	(d) An agreement between an institution of higher education
66	66	and an entity under which the institution allows the entity to
67	67	assess a charge described by Subsection (b) to students enrolled at
68	68	the institution:
69	69	(1) may not provide for a discount or other incentive
70	70	or a charge or other penalty based on the number or percentage of:
71	71	(A) students to whom the charge is assessed; or
72	72	(B) courses or course sections for which the
73	73	charge is assessed;
74	74	(2) must prohibit the entity from engaging in or
75	75	authorizing a third party to engage in, except as specifically
76	76	provided by the agreement, the sale, disclosure, licensing, use,
77	77	retention, or other exploitation of any data collected under the
78	78	agreement, including any personally identifiable information,
79	79	location data, anonymized data, or materials derived from that
80	80	data; and
81	81	(3) is public information under Chapter 552,
82	82	Government Code, and may not be excepted from required disclosure
83	83	under any applicable exceptions under that chapter.
84	84	(e) An institution of higher education may not deny, or
85	85	enter into an agreement with an entity that allows the entity to
86	86	deny, a student enrolled at the institution access to instructional
87	87	materials for which a charge described by Subsection (b) has been or
88	88	would otherwise be assessed to the student based on the student's
89	89	refusal or failure to agree to the sale, disclosure, licensing,
90	90	use, retention, or other exploitation of the student's data that
91	91	may be obtained through the student's use of the instructional
92	92	materials.
93	93	SECTION 2. (a) Except as provided by Subsection (b) of this
94	94	section, Section 54.5012, Education Code, as added by this Act,
95	95	applies beginning with the 2021 fall semester.
96	96	(b) The changes in law made by this Act apply only to an
97	97	agreement entered into, extended, or renewed on or after September
98	98	1, 2021.
99	99	SECTION 3. This Act takes effect immediately if it receives
100	100	a vote of two-thirds of all the members elected to each house, as
101	101	provided by Section 39, Article III, Texas Constitution. If this
102	102	Act does not receive the vote necessary for immediate effect, this
103	103	Act takes effect September 1, 2021.