Texas 2009 - 81st Regular

Texas House Bill HB2959 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R14480 T
2	2	By: Coleman H.B. No. 2959
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to adoption and ownership of mathematics and science
8	8	textbooks for public school students.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 31.022, Education Code, is amended by
11	11	adding Subsection (f) to read as follows:
12	12	(f) This section does not apply to a textbook whose contents
13	13	are submitted under Section 31.036.
14	14	SECTION 2. Section 31.0221, Education Code, is amended by
15	15	adding Subsection (c) to read as follows:
16	16	(c) This section does not apply to a textbook whose contents
17	17	are submitted under Section 31.036.
18	18	SECTION 3. Subchapter B, Chapter 31, Education Code, is
19	19	amended by adding Section 31.0251 to read as follows:
20	20	Sec. 31.0251. LIMITATIONS ON ROYALTIES. The State Board of
21	21	Education shall set limits on royalties that may be paid from the
22	22	state textbook fund for a textbook whose contents are submitted
23	23	under Section 31.036. Royalty limits may depend on subject, grade
24	24	level, and number of copies printed and distributed to students who
25	25	reside in this state.
26	26	SECTION 4. Section 31.026, Education Code, is amended by
27	27	adding Subsection (d) to read as follows:
28	28	(d) For each textbook whose contents are submitted under
29	29	Section 31.036, the State Board of Education shall execute a
30	30	contract that would forever permit this state to print and
31	31	distribute as many copies as are needed for students who reside in
32	32	this state.
33	33	SECTION 5. Section 31.027, Education Code, is amended by
34	34	adding Subsection (c) to read as follows:
35	35	(c) This section does not apply to a textbook whose contents
36	36	are submitted under Section 31.036.
37	37	SECTION 6. Subchapter B, Chapter 31, Education Code, is
38	38	amended by adding Section 31.0271 to read as follows:
39	39	Sec. 31.0271. INFORMATION ON LOW COST MATHEMATICS AND
40	40	SCIENCE TEXTBOOKS. (a) For a textbook whose contents are submitted
41	41	under Section 31.036, the public shall be allowed to view, free of
42	42	charge:
43	43	(1) the table of contents and contact information of
44	44	content providers on the Texas Education Agency's website; and
45	45	(2) the entire contents at regional education service
46	46	centers and at other locations as provided for by the State Board of
47	47	Education.
48	48	(b) On request of a school district, the State Board of
49	49	Education shall provide a copy of the contents of a textbook adopted
50	50	under Section 31.037(b).
51	51	SECTION 7. Subchapter B, Chapter 31, Education Code, is
52	52	amended by adding Section 31.036 to read as follows:
53	53	Sec. 31.036. SUBMISSION OF CONTENTS FOR LOW COST
54	54	MATHEMATICS AND SCIENCE TEXTBOOKS. Submission of contents for a
55	55	low cost mathematics or science textbook shall consist of:
56	56	(1) delivery of the contents to the commissioner in a
57	57	form that meets physical and format standards set by the State Board
58	58	of Education;
59	59	(2) optional delivery to the commissioner of
60	60	translations of the contents into other languages or other formats
61	61	[for example, Spanish, Braille];
62	62	(3) execution by the copyright owners of a contract
63	63	that would:
64	64	(A) permit this state to arrange for translation
65	65	of the contents into languages and formats not delivered; and
66	66	(B) permit this state to forever print and
67	67	distribute as many copies of the contents as are needed for students
68	68	who reside in this state; and
69	69	(4) payment of a submission fee.
70	70	SECTION 8. Subchapter B, Chapter 31, Education Code, is
71	71	amended by adding Section 31.037 to read as follows:
72	72	Sec. 31.037. REVIEW AND ADOPTION OF LOW COST TEXTBOOKS BY
73	73	STATE BOARD OF EDUCATION. (a) The State Board of Education shall
74	74	adopt rules for the review and adoption of textbooks whose contents
75	75	are submitted under Section 31.036. The board may select textbooks
76	76	for review according to rules that involve requests by school
77	77	districts and open-enrollment charter schools submitted under
78	78	Section 31.1001.
79	79	(b) For a textbook reviewed by the board under Subsection
80	80	(a), by majority vote, the board shall:
81	81	(1) place the textbook on a conforming or
82	82	nonconforming list; or
83	83	(2) reject the textbook for placement on a conforming
84	84	or nonconforming list.
85	85	(c) A textbook placed on a conforming or nonconforming list
86	86	under subsection (b) shall remain on the list until removed from the
87	87	list by majority vote of the board.
88	88	(d) Within one month of placement of a textbook on, or
89	89	removal of a textbook from, a conforming or nonconforming list, the
90	90	board shall provide an updated list of adopted textbooks to each
91	91	school district. Each nonconforming list must include the reasons
92	92	an adopted textbook is not eligible for the conforming list.
93	93	SECTION 9. Subchapter B, Chapter 31, Education Code, is
94	94	amended by adding Section 31.038 to read as follows:
95	95	Sec. 31.038. COMPETITIVE BID TO PRINT, BIND, AND DELIVER
96	96	LOW COST TEXTBOOKS. (a) The State Board of Education shall adopt
97	97	rules under which textbooks adopted under Section 31.037(b)(1) are
98	98	printed, bound, and delivered to depositories in this state at
99	99	costs determined by competitive bid within cost limits set by the
100	100	board.
101	101	(b) A textbook printed and bound under Subsection (a) is not
102	102	required to meet generally applicable physical requirements
103	103	adopted under Section 31.023(a) but must meet any physical
104	104	requirements adopted by the board.
105	105	(c) Bidders must agree to meet physical standards and
106	106	delivery dates set by the board.
107	107	(d) The board may provide for the disregard of a bid by a
108	108	bidder who:
109	109	(1) fails to show sufficient evidence of ability to
110	110	deliver on the bid; or
111	111	(2) failed to deliver on a previously accepted bid.
112	112	SECTION 10. Subchapter B, Chapter 31, Education Code, is
113	113	amended by adding Section 31.039 to read as follows:
114	114	Sec. 31.039. ERRATA LISTS TO CORRECT FACTUAL ERRORS. (a)
115	115	For a textbook on a conforming or nonconforming list, an errata list
116	116	shall be made available on the Texas Education Agency's website and
117	117	updated periodically as factual errors are found.
118	118	(b) A textbook shall not be excluded from a conforming or
119	119	nonconforming list due to a factual error that is corrected on an
120	120	errata list to be inserted into each copy of the textbook to be
121	121	distributed by school districts and open-enrollment charter
122	122	schools.
123	123	SECTION 11. Subchapter C, Chapter 31, Education Code, is
124	124	amended by adding Section 31.1001 to read as follows:
125	125	Sec. 31.1001. REQUEST FOR THE STATE BOARD OF EDUCATION TO
126	126	REVIEW A LOW COST MATHEMATICS OR SCIENCE TEXTBOOK. (a) For a
127	127	textbook whose contents are submitted under Section 31.036, a
128	128	school district or open-enrollment charter school may request for
129	129	the State Board of Education to review the book for possible
130	130	placement on a conforming or nonconforming list. The request
131	131	shall:
132	132	(1) state the subject and grade level for which the
133	133	book is intended to be used;
134	134	(2) state the number of students in the district or
135	135	school who attend classes that use the book;
136	136	(3) state the estimated number of copies that the
137	137	district or school would requisition per year if the book were to be
138	138	placed on a conforming or nonconforming list;
139	139	(4) describe the extent of the district's or school's
140	140	review of the book and list those district or school employees
141	141	responsible for the review;
142	142	(5) list any factual errors that may have been found.
143	143	(b) A request shall remain valid until retracted by the
144	144	district or school or until the district or school submits a
145	145	subsequent request for the State Board of Education to review
146	146	another textbook for the same subject and grade level.
147	147	SECTION 12. Section 31.102(a), Education Code, is amended
148	148	to read as follows:
149	149	(a) Each textbook purchased as provided by this chapter is
150	150	the property of this state , except that a textbook adopted under
151	151	Section 31.037(b) may become the property of the student as
152	152	provided by Section 31.104(f).
153	153	SECTION 13. Section 31.104, Education Code, is amended by
154	154	amending Subsections (c) and (d) and adding Subsection (f) to read
155	155	as follows:
156	156	(c) Each textbook must state that the textbook is the
157	157	property of or is licensed to this state, as appropriate. Each
158	158	textbook, other than a textbook whose contents are submitted under
159	159	Section 31.036 or an electronic textbook, must be covered by the
160	160	student under the direction of the teacher. Except as provided by
161	161	Subsection (f), a [A] student must return all textbooks to the
162	162	teacher at the end of the school year or when the student withdraws
163	163	from school.
164	164	(d) Each student, or the student's parent or guardian, is
165	165	responsible for each textbook not returned by the student. Except
166	166	as provided by Subsection (f), a [A] student who fails to return all
167	167	textbooks forfeits the right to free textbooks until each textbook
168	168	previously issued but not returned is paid for by the student,
169	169	parent, or guardian. As provided by policy of the board of trustees
170	170	or governing body, a school district or open-enrollment charter
171	171	school may waive or reduce the payment requirement if the student is
172	172	from a low-income family. The district or school shall allow the
173	173	student to use textbooks at school during each school day. Except
174	174	as provided by Subsection (f), if [If] a textbook is not returned or
175	175	paid for, the district or school may withhold the student's
176	176	records. A district or school may not, under this subsection,
177	177	prevent a student from graduating, participating in a graduation
178	178	ceremony, or receiving a diploma.
179	179	(f) At the end of the school year for which a textbook
180	180	adopted under Section 31.037(b) is distributed, the textbook
181	181	becomes the property of the student to whom it is distributed. A
182	182	school district or open-enrollment charter school may not charge a
183	183	fee under this subsection.
184	184	SECTION 14. Section 31.105, Education Code, is amended to
185	185	read as follows:
186	186	Sec. 31.105. SALE OF TEXTBOOKS. The board of trustees of a
187	187	school district or governing body of an open-enrollment charter
188	188	school may sell textbooks, other than textbooks whose contents are
189	189	submitted under Section 31.036 and electronic textbooks, to a
190	190	student or another school at the state contract price. The district
191	191	shall send money from the sale of textbooks to the commissioner as
192	192	required by the commissioner. The commissioner shall deposit the
193	193	money in the state textbook fund.
194	194	SECTION 15. This Act takes effect September 1, 2009.