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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale by textbook publishers of bundled |
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instructional material for use by students at public institutions |
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of higher education; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9701 to read as follows: |
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Sec. 51.9701. TEXTBOOK BUNDLES. (a) In this section: |
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(1) "Coordinating board" means the Texas Higher |
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Education Coordinating Board. |
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(2) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(3) "Textbook" means a printed book published |
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primarily for the instruction of postsecondary students. |
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(4) "Textbook bundle" means a textbook offered for |
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sale in combination with other instructional material, such as: |
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(A) additional printed material; |
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(B) a computer disk; |
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(C) website access; or |
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(D) electronically distributed material. |
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(5) "University-affiliated bookstore" means a store |
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that: |
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(A) sells instructional material, regardless of |
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whether the store is located on the campus of an institution of |
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higher education; and |
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(B) is operated by or with the approval of the |
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institution through ownership, a management agreement, a lease or |
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rental agreement, or otherwise. |
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(b) A publisher that offers a textbook bundle for sale |
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directly to students enrolled at an institution of higher education |
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or to a university-affiliated bookstore for resale shall: |
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(1) also offer for sale to the students or bookstore, |
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as applicable, each individual item of instructional material as a |
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separate, unbundled item; and |
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(2) price the individual items in the textbook bundle |
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so that the total cost of purchasing all of the items included in |
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the textbook bundle individually would be the same, or as |
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reasonably close to the same as practicable, as the price of the |
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textbook bundle. |
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(c) The coordinating board shall adopt rules under which the |
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coordinating board may impose a reasonable administrative penalty |
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against a publisher that knowingly violates this section. The |
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rules must provide for the coordinating board to hold a hearing to |
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determine whether a penalty is to be imposed and the amount of any |
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penalty. The coordinating board shall base the amount of any |
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penalty on: |
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(1) the seriousness of the violation; |
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(2) any history of a previous violation; |
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(3) the amount necessary to deter a future violation; |
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(4) any effort to correct the violation; and |
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(5) any other matter justice requires. |
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(d) The attorney general may bring an action to collect an |
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administrative penalty that is not paid as directed by the |
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coordinating board. |
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SECTION 2. The changes in law made by this Act apply only to |
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instructional material offered for sale on or after September 1, |
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2010. |
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SECTION 3. This Act takes effect January 1, 2010. |