2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 51 - Provisions Generally Applicable to Higher Education › Subchapter I. Textbooks › Section 51.4521. Public Institutions: Dissemination of Course Schedule and List of Required and Recommended Course Materials

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.
Added by Acts 2021, 87th Leg., R.S., Ch. 645 (H.B. 1027), Sec. 1, eff. September 1, 2021.