H.B. No. 4294
AN ACT
relating to textbooks, electronic textbooks, instructional
material, and technological equipment in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 31, Education Code, is
amended by adding Section 31.004 to read as follows:
Sec. 31.004. CERTIFICATION OF PROVISION OF TEXTBOOKS,
ELECTRONIC TEXTBOOKS, AND INSTRUCTIONAL MATERIALS. Each school
district and open-enrollment charter school shall annually certify
to the State Board of Education and the commissioner that, for each
subject in the foundation curriculum and each grade level, the
district provides each student with textbooks, electronic
textbooks, or instructional materials that cover all elements of
the essential knowledge and skills adopted by the State Board of
Education for that subject and grade level.
SECTION 2. Section 31.021, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) The state textbook fund may be used to purchase
technological equipment necessary to support the use of electronic
textbooks or instructional material included on the list adopted
under Section 31.0231 or any textbook or material approved by the
State Board of Education.
SECTION 3. Section 31.022, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) The board shall amend any request for production issued
for the purchase of textbooks to conform to the textbook funding
levels provided by the General Appropriations Act for the year of
implementation.
SECTION 4. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.0231 to read as follows:
Sec. 31.0231. ELECTRONIC TEXTBOOK AND INSTRUCTIONAL
MATERIAL LIST. (a) The commissioner shall adopt a list of:
(1) electronic textbooks; and
(2) instructional material that conveys information
to the student or otherwise contributes to the learning process,
including tools, models, and investigative materials designed for
use as part of the foundation curriculum for science in
kindergarten through grade five.
(b) A school district may select an electronic textbook or
instructional material on the list adopted under Subsection (a) to
be funded by the state textbook fund under Section 31.021.
(c) Before the commissioner places an electronic textbook
or instructional material on the list adopted under Subsection (a),
the State Board of Education must be given an opportunity to comment
on the electronic textbook or instructional material. An
electronic textbook or instructional material placed on the list
adopted under Subsection (a):
(1) must be reviewed and recommended to the
commissioner by a panel of recognized experts in the subject area of
the electronic textbook or instructional material and experts in
education technology;
(2) must satisfy criteria adopted for the purpose by
commissioner rule; and
(3) must meet the National Instructional Materials
Accessibility Standard, to the extent practicable as determined by
the commissioner.
(d) The criteria adopted under Subsection (c)(2) must:
(1) include evidence of alignment with current
research in the subject for which the electronic textbook or
instructional material is intended to be used;
(2) include coverage of the essential knowledge and
skills identified under Section 28.002 for the subject for which
the electronic textbook or instructional material is intended to be
used and identify:
(A) each of the essential knowledge and skills
for the subject and grade level or levels covered by the electronic
textbook or instructional material; and
(B) the percentage of the essential knowledge and
skills for the subject and grade level or levels covered by the
electronic textbook or instructional material; and
(3) include appropriate training for teachers.
(e) The commissioner shall update, as necessary, the list
adopted under Subsection (a). Before the commissioner places an
electronic textbook or instructional material on the updated list,
the requirements of Subsection (c) must be met. Before the
commissioner removes an electronic textbook or instructional
material from the updated list, the removal must be recommended by a
panel of recognized experts in the subject area of the electronic
textbook or instructional material and experts in education
technology.
(f) After notice to the commissioner explaining in detail
the changes, the provider of an electronic textbook or
instructional material on the list adopted under Subsection (a) may
update the navigational features or management system related to
the electronic textbook or instructional material.
(g) After notice to the commissioner and a review by the
commissioner, the provider of an electronic textbook or
instructional material on the list adopted under Subsection (a) may
update the content of the electronic textbook or instructional
material if needed to accurately reflect current knowledge or
information.
(h) The commissioner shall adopt rules as necessary to
implement this section. The rules must:
(1) be consistent with Section 31.151 regarding the
duties of publishers and manufacturers, as appropriate, and the
imposition of a reasonable administrative penalty; and
(2) require public notice of an opportunity for the
submission of an electronic textbook or instructional material.
SECTION 5. Section 31.101, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsections (b-1),
(c-1), and (e) to read as follows:
(a) Each year, during a period established by the State
Board of Education, the board of trustees of each school district
and the governing body of each open-enrollment charter school
shall:
(1) for a subject in the foundation curriculum, notify
the State Board of Education of the textbooks selected by the board
of trustees or governing body for the following school year from
among the textbooks on the appropriate conforming or nonconforming
list, including the list adopted under Section 31.0231; or
(2) for a subject in the enrichment curriculum:
(A) notify the State Board of Education of each
textbook selected by the board of trustees or governing body for the
following school year from among the textbooks on the appropriate
conforming or nonconforming list, including the list adopted under
Section 31.0231; or
(B) notify the State Board of Education that the
board of trustees or governing body has selected a textbook that is
not on the conforming or nonconforming list.
(b-1) If a school district or open-enrollment charter
school selects for a particular subject or grade level an
electronic textbook or instructional material on the list adopted
under Section 31.0231, the state shall pay the district or school an
amount equal to the cost of the electronic textbook or
instructional material plus textbook credits under Section 31.1011
equal to 50 percent of the difference between that cost and the
limitation established under Section 31.025 for a textbook for that
subject and grade level, multiplied by the number of electronic
textbooks or instructional materials the district or school needs
for that subject and grade level.
(c) A school district or open-enrollment charter school
that selects a textbook that is not on the conforming or
nonconforming list or that selects an electronic textbook or
instructional material that is on the list adopted under Section
31.0231:
(1) is responsible for the portion of the cost of the
textbook that is not paid by the state under Subsection (b); and
(2) may use funds received from the state under
Subsection (b) or (b-1), as applicable, [only] for purchasing the
textbook, electronic textbook, or instructional material for which
the funds were received or supplementing the allotment under
Section 32.005 to purchase technological equipment according to
rules adopted by the commissioner.
(c-1) Notwithstanding any other provision of this chapter,
a school district or open-enrollment charter school must purchase a
classroom set of textbooks adopted by the State Board of Education
under Section 31.023 or 31.035 for each subject and grade level in
the foundation and enrichment curriculum.
(e) A school district or open-enrollment charter school
that selects a subscription-based electronic textbook or
instructional material on the conforming list under Section 31.023
or the list adopted under Section 31.0231 may cancel the
subscription and subscribe to a new electronic textbook or
instructional material on the conforming list under Section 31.023
or the list adopted under Section 31.0231 before the end of the
state contract period under Section 31.026 if:
(1) the district or school has used the electronic
textbook or instructional material for at least one school year;
and
(2) the agency approves the change based on a written
request to the agency by the district or school that specifies the
reasons for changing the electronic textbook or instructional
material used by the district or school.
SECTION 6. Section 31.1011(c), Education Code, is amended
to read as follows:
(c) Fifty percent of the total textbook credit of a school
district or open-enrollment charter school shall be credited to the
state textbook fund, and 50 percent of the credit shall be credited
to the district or school to apply toward the requisition of:
(1) additional textbooks or electronic textbooks that
are on the conforming or nonconforming list under Section 31.023 or
the components of such textbooks, including any electronic
components; [or]
(2) supplemental textbooks as provided by Section
31.035;
(3) electronic textbooks or instructional materials
on the list adopted under Section 31.0231; or
(4) technological equipment under Section 31.021(f).
SECTION 7. The heading to Section 31.152, Education Code,
is amended to read as follows:
Sec. 31.152. ACCEPTING REBATE ON TEXTBOOKS, ELECTRONIC
TEXTBOOKS, INSTRUCTIONAL MATERIALS, OR TECHNOLOGICAL EQUIPMENT.
SECTION 8. Sections 31.152(a) and (b), Education Code, are
amended to read as follows:
(a) A school trustee, administrator, or teacher commits an
offense if that person receives any commission or rebate on any
textbooks, electronic textbooks, instructional materials, or
technological equipment used in the schools with which the person
is associated as a trustee, administrator, or teacher.
(b) A school trustee, administrator, or teacher commits an
offense if the person accepts a gift, favor, or service that:
(1) is given to the person or the person's school;
(2) might reasonably tend to influence a trustee,
administrator, or teacher in the selection of a textbook,
electronic textbook, instructional material, or technological
equipment; and
(3) could not be lawfully purchased with funds from
the state textbook fund.
SECTION 9. Chapter 32, Education Code, is amended by adding
Subchapter H to read as follows:
SUBCHAPTER H. COMPUTER LENDING PILOT PROGRAM
Sec. 32.351. ESTABLISHMENT OF PILOT PROGRAM. The
commissioner by rule shall establish a computer lending pilot
program to provide computers to participating public schools that
make computers available for use by students and their parents.
Sec. 32.352. PILOT PROGRAM ADMINISTRATION. The
commissioner shall establish procedures for the administration of
the pilot program, including procedures for distributing to
participating public schools:
(1) any surplus or salvage data processing equipment
available for distribution under the pilot program; or
(2) computers donated or purchased for that purpose
with funds from any available source, including a foundation,
private entity, governmental entity, and institution of higher
education.
Sec. 32.353. ELIGIBLE SCHOOLS. A public school is eligible
to participate in the pilot program if:
(1) 50 percent or more of the students enrolled in the
school are educationally disadvantaged; and
(2) the school operates or agrees to operate a
computer lending program that:
(A) allows students and parents to borrow a
computer;
(B) includes an option for students and parents
to work toward owning a computer initially borrowed under the
school's lending program, subject to any applicable legal
restrictions regarding disposition of the computer involved;
(C) provides computer training for students and
parents; and
(D) operates outside regular school hours,
including operation until at least 7 p.m. on at least three days
each week.
Sec. 32.354. ANNUAL REPORT. Not later than January 1 of
each year, the commissioner shall submit a report to the
legislature regarding the computer lending pilot program
established under this subchapter.
Sec. 32.355. EXPIRATION. This subchapter expires September
1, 2014.
SECTION 10. Section 2175.128, Government Code, is amended
by adding Subsections (a-1) and (b-1) to read as follows:
(a-1) Notwithstanding Subsection (a), if a disposition of a
state agency's surplus or salvage data processing equipment is not
made under Section 2175.125 or 2175.184, the state agency shall
make the equipment available to the commissioner of education for
use in the computer lending pilot program established under
Subchapter H, Chapter 32, Education Code. If the commissioner of
education declines to take the equipment, the state agency shall
transfer the equipment in accordance with Subsection (a). The
state agency may not collect a fee or other reimbursement from the
commissioner of education for the equipment made available under
this subsection. This subsection expires September 1, 2014.
(b-1) Notwithstanding Subsection (b), if a disposition of
the surplus or salvage data processing equipment of a state
eleemosynary institution or an institution or agency of higher
education is not made under other law, the institution or agency
shall make the equipment available to the commissioner of education
for use in the computer lending pilot program established under
Subchapter H, Chapter 32, Education Code. If the commissioner of
education declines to take the equipment, the institution or agency
shall transfer the equipment in accordance with Subsection (b).
The state eleemosynary institution or institution or agency of
higher education may not collect a fee or other reimbursement from
the commissioner of education for the equipment made available
under this subsection. This subsection expires September 1, 2014.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4294 was passed by the House on May 4,
2009, by the following vote: Yeas 129, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4294 on May 29, 2009, by the following vote: Yeas 118, Nays 24,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4294 was passed by the Senate, with
amendments, on May 28, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor