| 1 | 1 | | H.B. No. 1332 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to responsibility for public school textbooks and |
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| 6 | 6 | | technological equipment and to failure by students to return |
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| 7 | 7 | | textbooks or technological equipment. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 31.104(d), Education Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (d) Each student, or the student's parent or guardian, is |
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| 12 | 12 | | responsible for each textbook, including an electronic textbook, |
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| 13 | 13 | | and all technological equipment not returned in an acceptable |
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| 14 | 14 | | condition by the student. A student who fails to return in an |
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| 15 | 15 | | acceptable condition all textbooks, including electronic |
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| 16 | 16 | | textbooks, and technological equipment forfeits the right to free |
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| 17 | 17 | | textbooks, including electronic textbooks, and technological |
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| 18 | 18 | | equipment until each textbook, including an electronic textbook, |
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| 19 | 19 | | and all technological equipment previously issued but not returned |
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| 20 | 20 | | in an acceptable condition is paid for by the student, parent, or |
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| 21 | 21 | | guardian. As provided by policy of the board of trustees or |
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| 22 | 22 | | governing body, a school district or open-enrollment charter school |
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| 23 | 23 | | may waive or reduce the payment requirement if the student is from a |
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| 24 | 24 | | low-income family. The district or school shall allow the student |
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| 25 | 25 | | to use textbooks, including electronic textbooks, and |
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| 26 | 26 | | technological equipment at school during each school day. If a |
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| 27 | 27 | | textbook, including an electronic textbook, or technological |
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| 28 | 28 | | equipment is not returned in an acceptable condition or paid for, |
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| 29 | 29 | | the district or school may withhold the student's records. A |
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| 30 | 30 | | district or school may not, under this subsection, prevent a |
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| 31 | 31 | | student from graduating, participating in a graduation ceremony, or |
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| 32 | 32 | | receiving a diploma. The commissioner by rule shall adopt criteria |
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| 33 | 33 | | for determining whether a textbook, including an electronic |
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| 34 | 34 | | textbook, and technological equipment are returned in an acceptable |
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| 35 | 35 | | condition. |
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| 36 | 36 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 37 | 37 | | school year. |
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| 38 | 38 | | SECTION 3. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2009. |
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| 43 | 43 | | ______________________________ ______________________________ |
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| 44 | 44 | | President of the Senate Speaker of the House |
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| 45 | 45 | | I certify that H.B. No. 1332 was passed by the House on April |
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| 46 | 46 | | 2, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not |
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| 47 | 47 | | voting. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Chief Clerk of the House |
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| 50 | 50 | | I certify that H.B. No. 1332 was passed by the Senate on May |
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| 51 | 51 | | 21, 2009, by the following vote: Yeas 31, Nays 0. |
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| 52 | 52 | | ______________________________ |
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| 53 | 53 | | Secretary of the Senate |
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| 54 | 54 | | APPROVED: _____________________ |
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| 55 | 55 | | Date |
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| 56 | 56 | | _____________________ |
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| 57 | 57 | | Governor |
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