81R14176 EAH-F
By: Hochberg H.B. No. 2488
Substitute the following for H.B. No. 2488:
By: Weber C.S.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 by
amending Subdivision (1) and adding Subdivision (1-a) to read as
follows:
(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.
(1-a) "Open-source textbook" means an electronic
textbook that is available for downloading from the Internet at no
charge to a student and without requiring the purchase of an unlock
code, membership, or other access or use charge, except for a charge
to order an optional printed copy of all or part of the textbook.
SECTION 2. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.0241 to read as follows:
Sec. 31.0241. ADOPTION OF OPEN-SOURCE TEXTBOOKS. (a) In
this section, "eligible institution" means:
(1) a public, private, or independent college or
university located in this state that spends at least $75 million
per year on research that may be reported under Section 61.051(h);
or
(2) a public technical institute, as defined by
Section 61.003.
(b) The State Board of Education shall place an open-source
textbook for a secondary-level course submitted for adoption by an
eligible institution on a conforming or nonconforming list if:
(1) the textbook is written, compiled, or edited
primarily by faculty of the eligible institution who specialize in
the subject area of the textbook;
(2) the eligible institution identifies each
contributing author;
(3) the appropriate department of the eligible
institution certifies the textbook for accuracy; and
(4) the eligible institution determines that the
textbook qualifies for placement on the conforming or nonconforming
list and certifies that:
(A) for a textbook for a senior-level course, a
student who successfully completes a course based on the textbook
will be prepared, without remediation, for entry into the eligible
institution's freshman-level course in that subject; or
(B) for a textbook for a junior-level and
senior-level course, a student who successfully completes the
junior-level course based on the textbook will be prepared for
entry into the senior-level course.
(c) This section does not prohibit an eligible institution
from submitting a textbook for placement on a conforming or
nonconforming list through any other adoption process provided by
this chapter.
SECTION 3. Section 31.026, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) This section does not apply to an open-source textbook.
SECTION 4. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.0261 to read as follows:
Sec. 31.0261. CONTRACTS FOR PRINTING OF OPEN-SOURCE
TEXTBOOKS. The State Board of Education may execute a contract for
the printing of an open-source textbook listed on the conforming or
nonconforming list. The contract must allow a school district to
requisition printed copies of an open-source textbook as provided
by Section 31.103.
SECTION 5. Section 31.027, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) 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 a sufficient
number of printed copies for use by students unable to access the
textbook electronically unless the district or school provides to
each student:
(1) electronic access to the textbook at no cost to the
student; or
(2) printed copies of the portion of the textbook that
will be used in the course.
SECTION 7. Section 31.104, Education Code, is amended by
amending Subsections (b) and (c) and adding Subsections (g) and (h)
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); or
(3) any source for a printed copy of an open-source
textbook.
(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. Except as provided by Subsection (g), a
[A] student must return all textbooks to the teacher at the end of
the school year or when the student withdraws from school.
(g) At the end of the school year for which an open-source
textbook that a school district or open-enrollment charter school
does not intend to use for another student is distributed, the
printed copy of the open-source textbook becomes the property of
the student to whom it is distributed.
(h) This section does not apply to an electronic copy of an
open-source textbook.
SECTION 8. Section 31.151(a), Education Code, is amended to
read as follows:
(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.