H.B. No. 2177
AN ACT
relating to establishing a digital course materials pilot program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0667 to read as follows:
Sec. 61.0667. DIGITAL COURSE MATERIALS PILOT PROGRAM. (a)
In this section:
(1) "Digital course material" means a digital
textbook, supplemental material, or open educational resource, as
those terms are defined by Section 51.451.
(2) "Eligible institution" means a public junior
college, public technical institute, or public state college.
(b) The board shall establish a pilot program under which
the board awards grants to participating eligible institutions to
provide financial assistance to students for the cost of accessing
digital course materials.
(c) The board shall adopt rules necessary to administer the
pilot program, including rules to:
(1) establish a methodology for selecting eligible
institutions to participate in the pilot program and allocating
money appropriated for the purpose of the pilot program among those
institutions that, to the greatest extent possible, results in a
distribution of grant awards that:
(A) reflects the varied geography and unique
institutional missions in this state; and
(B) serves students who meet financial need
requirements as defined by the board for the Texas Educational
Opportunity Grant Program under Subchapter P, Chapter 56, and other
diverse student populations that characterize higher education in
this state; and
(2) establish criteria that participating
institutions must use to evaluate digital course materials that may
be accessed using grants awarded under the pilot program, which may
include criteria regarding:
(A) access to relevant technical support;
(B) adherence to accessibility standards for
students with disabilities;
(C) positive impact on student outcomes;
(D) immediate access and availability of the
materials to all students enrolled at the institution;
(E) faculty access to resources and training
materials;
(F) subscription-based models;
(G) inclusive-access models; and
(H) supplemental resources that may be provided
to assist students with career readiness workforce development.
(d) In developing the rules adopted under Subsection (c),
the board shall solicit input from publishers, campus bookstore
operators, and other relevant industry representatives.
(e) This section does not affect any authority granted by an
eligible institution to a faculty member to select course materials
for courses taught by the faculty member.
(f) Not later than September 1, 2026, the board shall submit
to the governor, the lieutenant governor, the speaker of the house
of representatives, and the presiding officer of each legislative
standing committee with primary jurisdiction over higher education
a report that evaluates the effectiveness of the pilot program in
improving student outcomes. The report must include a
recommendation regarding whether the pilot program should be
continued, expanded, or terminated.
(g) This section expires September 1, 2027.
SECTION 2. (a) The Texas Higher Education Coordinating
Board shall adopt rules to administer the pilot program established
under Section 61.0667, Education Code, as added by this Act, as soon
as practicable after the effective date of this Act.
(b) The Texas Higher Education Coordinating Board shall
award initial grants under Section 61.0667, Education Code, as
added by this Act, beginning with the 2024 spring semester.
SECTION 3. 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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2177 was passed by the House on May 2,
2023, by the following vote: Yeas 113, Nays 32, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2177 was passed by the Senate on May
21, 2023, by the following vote: Yeas 22, Nays 9.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor