By: Hochberg H.B. No. 2488
A BILL TO BE ENTITLED
AN ACT
relating to open-source textbooks for public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.002, Education Code, is amended to
read as follows:
Sec. 31.002. DEFINITIONS. In this chapter:
(1) "Electronic textbook" means computer software,
interactive videodisc, magnetic media, CD-ROM, computer
courseware, on-line services, an electronic medium, or other means
of conveying information to the student or otherwise contributing
to the learning process through electronic means, including an
open-source textbook.
(2) "Open-source textbook" means an electronic
textbook that is available for downloading from the Internet at no
charge to all students, without requiring the purchase of an unlock
code, membership, or any other access or use charge, except for a
charge to order an optional printed copy of all or part of the
textbook.
(3) [(2)] "Publisher" includes an on-line service or a
developer or distributor of an electronic textbook.
(4) [(3)] "Textbook" means a book, a system of
instructional materials, or a combination of a book and
supplementary instructional materials that conveys information to
the student or otherwise contributes to the learning process, or an
electronic textbook.
(5) [(4)] "Technological equipment" means hardware, a
device, or equipment necessary for:
(A) instructional use in the classroom,
including to gain access to or enhance the use of an electronic
textbook; or
(B) professional use by a classroom teacher.
SECTION 2. Chapter 31, Education Code, is amended by adding
Section 31.0245 to read as follows:
Sec. 31.0245. ADOPTION OF OPEN-SOURCE TEXTBOOKS WRITTEN AND
PUBLISHED BY INSTITUTIONS OF HIGHER EDUCATION. (a) The State
Board of Education shall place an open-source textbook for a
secondary level course submitted for adoption by a public or
private university located in Texas that spends at least $75
million per year on research as reported to the Texas Higher
Education Coordinating Board under section 61.051 (h), or a Texas
public technical institute as defined in Section 61.003, on a
conforming or nonconforming list, as determined by the
university's or institute's certification, if:
(1) the open-source textbook is written, compiled or
edited primarily by faculty of the university or institute
submitting the textbook who specialize in the subject area of the
textbook;
(2) all contributing authors to the open-source
textbook are identified by the university or institute submitting
the textbook;
(3) the open-source textbook is certified for accuracy
by the department of the university or institute that teaches the
subject area of the textbook;
(4) the university or institute submitting the
textbook determines that the textbook qualifies for placement on
the either the conforming or nonconforming list, and certifies
this to the Board;
(5) the university or institute submitting the
textbook for a senior year secondary course certifies that a
student who successfully completes a course based on the textbook
will be prepared, without remediation, for entry into the freshman
college course in that subject at that university or institute; and
(6) the university or institute submitting the
textbook for junior and senior year secondary courses certifies
that a student who successfully completes a course based on the
junior year textbook will be prepared for entry into the senior
year course.
(b) This section does not prohibit an educational
institution described in this section from submitting textbooks
for placement on conforming or nonconforming lists through any
other adoption process provided in this chapter.
SECTION 3. Section 31.026, Education Code, is amended by
adding subsection (d) to read as follows:
(d) This section does not apply to an open-source textbook.
SECTION 4. Chapter 31, Education Code, is amended by adding
Section 31.0265 to read as follows:
Sec. 31.0265. CONTRACTS FOR PRINTING OF OPEN-SOURCE
TEXTBOOKS. The State Board of Education may execute contracts for
the printing of open-source textbooks listed on the conforming and
non-conforming lists. The contracts shall allow school districts
to requisition printed copies of open-source textbooks as provided
in Section 31.103.
SECTION 5. Section 31.207, Education Code, is amended by
adding subsection (c) to read as follows:
(c) This section does not apply to an open-source textbook.
SECTION 6. Section 31.103, Education Code, is amended by
adding subsection (d) to read as follows:
(d) A school district or open-enrollment charter school
that selects an open-source textbook shall requisition enough
printed copies of the open-source textbook to assure that students
who do not have the technological equipment necessary to use the
open-source textbook receive a printed copy, unless the district
provides for the student to have the necessary equipment at no
charge to the student or arranges for the student to receive bound
printed copies of portions of the book that will be used for the
class.
SECTION 7. Section 31.104 is amended by amending
subsections (b) and (c), and adding subsection (f) to read as
follows:
(b) A school district or open-enrollment charter school may
order replacements for textbooks that have been lost or damaged
directly from:
(1) the textbook depository; or
(2) the textbook publisher or manufacturer if the
textbook publisher or manufacturer does not have a designated
textbook depository in this state under Section 31.151(a)(6)(B),
except that a printed copy of an open-source textbook may be
ordered from any source.
(c) Each textbook must state that the textbook is the
property of or is licensed to this state, as appropriate. Each
textbook, other than an electronic textbook or a printed copy of an
open-source textbook, must be covered by the student under the
direction of the teacher. A student must return all textbooks to
the teacher at the end of the school year or when the student
withdraws from school, except that a printed copy of an open-source
textbook need not be returned if the school district or
open-enrollment charter school does not intend to use the textbook
for another student.
(f) This section does not apply to the electronic copy of an
open-source textbook.
SECTION 8. Section 31.151 (a), Education Code, is amended
to read as follows:
Section. 31.151. DUTIES OF PUBLISHERS AND MANUFACTURERS. (a)
A publisher or manufacturer of textbooks:
(1) shall furnish any textbook the publisher or
manufacturer offers in this state, at a price that does not exceed
the lowest price at which the publisher offers that textbook for
adoption or sale to any state, public school, or school district in
the United States;
(2) shall automatically reduce the price of a textbook
sold for use in a school district or open-enrollment charter school
to the extent that the price is reduced elsewhere in the United
States;
(3) shall provide any textbook or ancillary item free
of charge in this state to the same extent that the publisher or
manufacturer provides the textbook or ancillary item free of charge
to any state, public school, or school district in the United
States;
(4) shall guarantee that each copy of a textbook sold
in this state is at least equal in quality to copies of that
textbook sold elsewhere in the United States and is free from
factual error;
(5) may not become associated or connected with,
directly or indirectly, any combination in restraint of trade in
textbooks or enter into any understanding or combination to control
prices or restrict competition in the sale of textbooks for use in
this state;
(6) shall:
(A) maintain a depository in this state or
arrange with a depository in this state to receive and fill orders
for textbooks, other than open-source textbooks, on-line textbooks
or on-line textbook components, consistent with State Board of
Education rules; or
(B) deliver textbooks to a school district or
open-enrollment charter school without a delivery charge to the
school district, open-enrollment charter school, or state, if:
(i) the publisher or manufacturer does not
maintain or arrange with a depository in this state under Paragraph
(A) and the publisher's or manufacturer's textbooks and related
products are warehoused or otherwise stored less than 300 miles
from a border of this state; or
(ii) the textbooks are open-source
textbooks, on-line textbooks or on-line textbook components;
(7) shall, at the time an order for textbooks is
acknowledged, provide to school districts or open-enrollment
charter schools an accurate shipping date for textbooks that are
back-ordered;
(8) shall guarantee delivery of textbooks at least 10
business days before the opening day of school of the year for which
the textbooks are ordered if the textbooks are ordered by a date
specified in the sales contract; and
(9) shall submit to the State Board of Education an
affidavit certifying any textbook the publisher or manufacturer
offers in this state to be free of factual errors at the time the
publisher executes the contract required by Section 31.026.
SECTION 9. This Act takes effect September 1, 2009.