82R6270 VOO-D
By: Coleman H.B. No. 2302
A BILL TO BE ENTITLED
AN ACT
relating to transferring to the Texas Education Agency and the
commissioner of education the statutorily assigned
responsibilities of the State Board of Education concerning
textbooks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 7.108(a) and (c), Education Code, are
amended to read as follows:
(a) A person interested in selling bonds of any type [or a
person engaged in manufacturing, shipping, selling, or advertising
textbooks or otherwise connected with the textbook business]
commits an offense if the person makes or authorizes a political
contribution to or takes part in, directly or indirectly, the
campaign of any person seeking election to or serving on the board.
(c) In this section, "political[:
[(1) "Political] contribution" has the meaning
assigned by Section 251.001, Election Code.
[(2) "Textbook" has the meaning assigned by Section
31.002.]
SECTION 2. Section 7.112, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) This section expires January 31, 2014.
SECTION 3. Section 31.003, Education Code, is amended to
read as follows:
Sec. 31.003. RULES. The commissioner [State Board of
Education] may adopt rules, consistent with this chapter, for the
adoption, requisition, distribution, care, use, and disposal of
textbooks.
SECTION 4. Section 31.004, Education Code, is amended 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 required 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 5. Sections 31.021(b) and (f), Education Code, are
amended to read as follows:
(b) The State Board of Education shall annually set aside
out of the available school fund of the state an amount sufficient
for the agency [board], school districts, and open-enrollment
charter schools to purchase and distribute the necessary textbooks
for the use of the students of this state for the following school
year. The board shall determine the amount of the available school
fund to set aside for the state textbook fund based on:
(1) a report by the commissioner issued on July 1 or,
if that date is a Saturday or Sunday, on the following Monday,
stating the amount of unobligated money in the fund;
(2) the commissioner's estimate, based on textbooks
selected under Section 31.101 and on attendance reports submitted
under Section 31.103 by school districts and open-enrollment
charter schools, of the amount of funds, in addition to funds
reported under Subdivision (1), that will be necessary for purchase
and distribution of textbooks for the following school year; and
(3) any amount the board determines should be set
aside for emergency purposes caused by unexpected increases in
attendance.
(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
agency [State Board of Education].
SECTION 6. Section 31.022, Education Code, is amended to
read as follows:
Sec. 31.022. TEXTBOOK REVIEW AND ADOPTION. (a) The agency
[State Board of Education] shall adopt a review and adoption cycle
for textbooks for elementary grade levels, including
prekindergarten, and secondary grade levels, for each subject in
the required curriculum under Section 28.002.
(b) The agency [board] shall organize the cycle for subjects
in the foundation curriculum so that not more than one-sixth of the
textbooks for subjects in the foundation curriculum are reviewed
each year. The commissioner [board] shall adopt rules to provide
for a full and complete investigation of textbooks for each subject
in the foundation curriculum at least every six years. The adoption
of textbooks for a subject in the foundation curriculum may be
extended beyond the six-year period only if the content of
textbooks for a subject is sufficiently current.
(c) The commissioner [board] shall adopt rules to provide
for a full and complete investigation of textbooks for each subject
in the enrichment curriculum on a cycle the agency [board]
considers appropriate.
(d) At least 24 months before the beginning of the school
year for which textbooks for a particular subject and grade level
will be purchased under the review and adoption cycle adopted by the
agency [board], the agency [board] shall publish notice of the
review and adoption cycle for those textbooks.
(e) The agency [board] shall designate a request for
production of textbooks in a subject area and grade level by the
school year in which the textbooks are intended to be made available
in classrooms and not by the school year in which the agency [board]
makes the request for production.
(f) The agency [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 7. Section 31.0221(a), Education Code, is amended
to read as follows:
(a) The commissioner [State Board of Education] shall adopt
rules for the midcycle review and adoption of a textbook for a
subject for which textbooks are not currently under review by the
agency [board] under Section 31.022. The rules must require:
(1) the publisher of the textbook to pay a fee to the
agency [board] to cover the cost of the midcycle review and adoption
of the textbook;
(2) the publisher of the textbook to enter into a
contract with the agency [board] concerning the textbook for a term
that ends at the same time as any contract entered into by the
agency [board] for another textbook for the same subject and grade
level; and
(3) a commitment from the publisher to provide the
textbook to school districts in the manner specified by the
publisher, which may include:
(A) providing the textbook to any district in a
regional education service center area identified by the publisher;
or
(B) providing a certain maximum number of
textbooks specified by the publisher.
SECTION 8. Section 31.0222, Education Code, is amended to
read as follows:
Sec. 31.0222. BUDGET-BALANCED CYCLE. In determining the
review and adoption cycle of textbooks under Section 31.022, the
agency [State Board of Education] shall:
(1) consult with the Legislative Budget Board and the
governor's office of budget, planning, and policy before approving
and publishing any notice or amendment of a cycle;
(2) review and consider:
(A) historic average funding levels for
textbooks purchased in previous bienniums;
(B) expected average costs of future textbook
purchases;
(C) anticipated student enrollment in future
years;
(D) scheduled revisions to curriculum; and
(E) the impact on the state budget of the
adoption of textbooks in all or some grade levels in a subject area;
and
(3) limit the cycle to subject areas for which
textbooks can be purchased with the funding anticipated to be
available in the state textbook fund for the school year in which
the textbooks are to be adopted.
SECTION 9. Section 31.023(a), Education Code, is amended to
read as follows:
(a) For each subject and grade level, the agency [State
Board of Education] shall adopt two lists of textbooks. The
conforming list includes each textbook submitted for the subject
and grade level that meets applicable physical specifications
adopted by the agency [State Board of Education] and contains
material covering each element of the essential knowledge and
skills of the subject and grade level in the student version of the
textbook, as well as in the teacher version of the textbook, as
determined [by the State Board of Education] under Section 28.002
and adopted under Section 31.024. The nonconforming list includes
each textbook submitted for the subject and grade level that:
(1) meets applicable physical specifications adopted
by the agency [State Board of Education];
(2) contains material covering at least half, but not
all, of the elements of the essential knowledge and skills of the
subject and grade level in the student version of the textbook, as
well as in the teacher version of the textbook; and
(3) is adopted under Section 31.024.
SECTION 10. Section 31.0231(c), Education Code, is amended
to read as follows:
(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.
SECTION 11. Section 31.024, Education Code, is amended to
read as follows:
Sec. 31.024. ADOPTION BY AGENCY [STATE BOARD OF EDUCATION].
(a) The agency [By majority vote, the State Board of Education]
shall:
(1) place each submitted textbook on a conforming or
nonconforming list; or
(2) reject a textbook submitted for placement on a
conforming or nonconforming list.
(b) Not later than December 1 of the year preceding the
school year for which the textbooks for a particular subject and
grade level will be purchased under the cycle adopted by the agency
[board] under Section 31.022, the agency [board] shall provide the
lists of adopted textbooks to each school district. Each
nonconforming list must include the reasons an adopted textbook is
not eligible for the conforming list.
SECTION 12. Section 31.0241(b), Education Code, is amended
to read as follows:
(b) The agency [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 based on the extent to which the textbook covers the essential
knowledge and skills identified under Section 28.002 for the
subject for which the textbook is written 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.
SECTION 13. Section 31.025(a), Education Code, is amended
to read as follows:
(a) The agency [State Board of Education] shall set a limit
on the cost that may be paid from the state textbook fund for a
textbook placed on the conforming or nonconforming list for a
particular subject and grade level. The agency [board] may not
reject a textbook for placement on the conforming or nonconforming
list because the textbook's price exceeds the limit established
under this subsection.
SECTION 14. Sections 31.026(a) and (b), Education Code, are
amended to read as follows:
(a) The agency [State Board of Education] shall execute a
contract:
(1) for the purchase of each adopted textbook other
than an electronic textbook; and
(2) for the purchase or licensing of each adopted
electronic textbook.
(b) A contract must require the publisher to provide the
number of textbooks required by school districts in this state for
the term of the contract, which must coincide with the agency's
[board's] adoption cycle.
SECTION 15. Section 31.0261, Education Code, is amended to
read as follows:
Sec. 31.0261. CONTRACTS FOR PRINTING OF OPEN-SOURCE
TEXTBOOKS. The agency [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 16. Sections 31.028(a), (b), and (c), Education
Code, are amended to read as follows:
(a) The agency [State Board of Education] may purchase
special textbooks for the education of blind and visually impaired
students in public schools. In addition, for a teacher who is blind
or visually impaired, the agency [board] shall provide a teacher's
edition in Braille or large type, as requested by the teacher, for
each textbook the teacher uses in the instruction of students. The
teacher edition must be available at the same time the student
textbooks become available.
(b) The publisher of an adopted textbook shall provide the
agency with computerized textbook files for the production of
Braille textbooks or other versions of textbooks to be used by
students with disabilities, on request of the agency [State Board
of Education]. A publisher shall arrange computerized textbook
files in one of several optional formats specified by the agency
[State Board of Education].
(c) The agency [board] may also enter into agreements
providing for the acceptance, requisition, and distribution of
special textbooks and instructional aids pursuant to 20 U.S.C.
Section 101 et seq. for use by students enrolled in:
(1) public schools; or
(2) private nonprofit schools, if state funds, other
than for administrative costs, are not involved.
SECTION 17. Section 31.029, Education Code, is amended to
read as follows:
Sec. 31.029. BILINGUAL TEXTBOOKS. The agency [board] shall
purchase or otherwise acquire textbooks for use in bilingual
education classes.
SECTION 18. Section 31.030, Education Code, is amended to
read as follows:
Sec. 31.030. USED TEXTBOOKS. The commissioner [State Board
of Education] shall adopt rules to ensure that used textbooks sold
to school districts and open-enrollment charter schools are not
sample copies that contain factual errors. The rules may provide
for the imposition of an administrative penalty in accordance with
Section 31.151 against a seller of used textbooks who knowingly
violates this section.
SECTION 19. Sections 31.035(a), (b), and (f), Education
Code, are amended to read as follows:
(a) Notwithstanding any other provision of this subchapter,
the agency [State Board of Education] may adopt supplemental
textbooks that are not on the conforming or nonconforming list
under Section 31.023. The agency [State Board of Education] may
adopt a supplemental textbook under this section only if the
textbook:
(1) contains, as determined by the agency, material
covering one or more primary focal points or primary topics of a
subject in the required curriculum under Section 28.002[, as
determined by the State Board of Education];
(2) is not designed to serve as the sole textbook for a
full course;
(3) meets applicable physical specifications adopted
by the agency [State Board of Education]; and
(4) is free from factual errors.
(b) The agency [State Board of Education] shall identify the
essential knowledge and skills identified under Section 28.002 that
are covered by a supplemental textbook adopted by the agency
[board] under this section.
(f) A school district or open-enrollment charter school
that requisitions supplemental textbooks under Subsection (d)(2)
shall certify to the agency that the supplemental textbooks, in
combination with any other textbooks or supplemental textbooks used
by the district or school, cover the essential knowledge and skills
identified under Section 28.002 [by the State Board of Education]
for the subject and grade level for which the district or school is
requisitioning the supplemental textbooks.
SECTION 20. Section 31.073(b), Education Code, is amended
to read as follows:
(b) If a school district or open-enrollment charter school
selects a state-developed open-source textbook instead of another
textbook adopted under Subchapter B, the difference between the
cost determined by the commissioner under Subsection (a) and the
maximum price for a textbook in the same subject area, as determined
by the agency [State Board of Education] under Section 31.025,
shall be allocated as follows:
(1) 50 percent of the amount shall be credited to the
state textbook fund under Section 31.021 to be used for purposes of
this subchapter; and
(2) 50 percent of the amount shall be credited to the
school district or open-enrollment charter school for use as
provided by Section 31.1011(c).
SECTION 21. Sections 31.101(a), (c-1), and (d), Education
Code, are amended to read as follows:
(a) Each year, during a period established by the agency
[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 agency [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 agency [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 agency [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.
(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 agency [State Board of
Education] under Section 31.023 or 31.035 for each subject and
grade level in the foundation and enrichment curriculum.
(d) For a textbook that is not on the conforming or
nonconforming list, a school district or open-enrollment charter
school must use the textbook for the period of the review and
adoption cycle the agency [State Board of Education] has
established for the subject and grade level for which the textbook
is used.
SECTION 22. Section 31.103(b), Education Code, is amended
to read as follows:
(b) A requisition for textbooks for the following school
year shall be based on the maximum attendance reports under
Subsection (a), plus an additional 10 percent, except as otherwise
provided. A school district or open-enrollment charter school
shall make a requisition for a textbook on the conforming or
nonconforming list through the commissioner to the state depository
designated by the publisher or as provided by commissioner [State
Board of Education] rule, as applicable, not later than June 1 of
each year. The designated state depository or, if the publisher or
manufacturer does not have a designated textbook depository in this
state under Section 31.151(a)(6)(B), the publisher or manufacturer
shall fill a requisition approved by the agency at any other time in
the case of an emergency. As made necessary by available funds, the
commissioner shall reduce the additional percentage of attendance
for which a district or school may requisition textbooks. The
commissioner may, on application of a district or school that is
experiencing high enrollment growth, increase the additional
percentage of attendance for which the district or school may
requisition textbooks.
SECTION 23. Section 31.1031, Education Code, is amended to
read as follows:
Sec. 31.1031. SHORTAGE OF REQUISITIONED TEXTBOOKS. If a
school district or open-enrollment charter school does not have a
sufficient number of copies of a textbook used by the district or
school for use during the following school year, and a sufficient
number of additional copies will not be available from the
depository or the publisher within the time specified by Section
31.151(a)(8), the district or school is entitled to:
(1) be reimbursed from the state textbook fund, at a
rate and in the manner provided by commissioner [State Board of
Education] rule, for the purchase of a sufficient number of used
adopted textbooks; or
(2) return currently used textbooks to the
commissioner in exchange for sufficient copies, if available, of
other textbooks on the conforming or nonconforming list to be used
during the following school year.
SECTION 24. Sections 31.151(a), (b), and (c), Education
Code, are 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
commissioner [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 agency [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.
(b) The commissioner [State Board of Education] may impose a
reasonable administrative penalty against a publisher or
manufacturer who knowingly violates Subsection (a). The
commissioner [board] shall provide for a hearing to be held to
determine whether a penalty is to be imposed and, if so, the amount
of the penalty. The commissioner [board] shall base the amount of
the penalty on:
(1) the seriousness of the violation;
(2) any history of a previous violation;
(3) the amount necessary to deter a future violation;
(4) any effort to correct the violation; and
(5) any other matter justice requires.
(c) A hearing under Subsection (b) shall be held according
to rules adopted by the commissioner [State Board of Education].
SECTION 25. Section 31.201, Education Code, is amended to
read as follows:
Sec. 31.201. DISPOSITION OF TEXTBOOKS. (a) The
commissioner[, with the approval of the State Board of Education,]
may provide for the disposition of:
(1) textbooks, other than electronic textbooks, that
are no longer in acceptable condition to be used for instructional
purposes; or
(2) discontinued textbooks, other than electronic
textbooks.
(b) The commissioner, as provided by rules adopted by the
commissioner [State Board of Education], shall make available on
request copies of discontinued textbooks, other than electronic
textbooks, for use in libraries maintained in municipal and county
jails, facilities operated by the Texas Department of Criminal
Justice for the imprisonment of individuals convicted of felonies
other than state jail felonies, and other state agencies.
(c) The commissioner [State Board of Education] shall adopt
rules under which a school district or open-enrollment charter
school may donate discontinued textbooks, other than electronic
textbooks, to a student, to an adult education program, or to a
nonprofit organization.
SECTION 26. Effective May 1, 2012, Section 7.102(c)(23),
Education Code, is repealed.
SECTION 27. (a) Effective May 1, 2012:
(1) all functions and activities concerning textbooks
performed by the State Board of Education immediately before that
date, other than such functions and activities assigned to the
board by the constitution of this state, are transferred to the
Texas Education Agency;
(2) a rule, form, policy, procedure, or decision of
the State Board of Education concerning textbooks, other than such
a rule, form, policy, procedure, or decision relating to a function
or activity assigned to the board by the constitution of this state,
continues in effect as a rule, form, policy, procedure, or decision
of the commissioner of education and remains in effect until
amended or replaced by the commissioner of education;
(3) a reference in law or an administrative rule to the
State Board of Education concerning textbooks means the
commissioner of education, other than such a reference to the State
Board of Education relating to a function or activity assigned to
the board by the constitution of this state;
(4) all money, contracts, leases, rights, property,
records, and bonds and other obligations of the State Board of
Education concerning textbooks are transferred to the Texas
Education Agency, except that money or a contract, lease, right,
property, record, or bond or other obligation relating to a
function or activity assigned to the board by the constitution of
this state is not transferred;
(5) a court case, administrative proceeding, contract
negotiation, or other proceeding involving the State Board of
Education concerning textbooks, other than such a proceeding
relating to a function or activity assigned to the board by the
constitution of this state, is transferred without change in status
to the commissioner of education, and the commissioner of education
assumes, without a change in status, the position of the State Board
of Education in a negotiation or proceeding relating to an activity
transferred by this Act to the commissioner of education to which
the State Board of Education is a party;
(6) an employee of the State Board of Education whose
duties relate solely or primarily to textbooks, other than such an
employee whose duties relate solely or primarily to a function or
activity assigned to the board by the constitution of this state,
becomes an employee of the Texas Education Agency; and
(7) any unexpended and unobligated balance of money
appropriated by the legislature for the State Board of Education to
carry out a function or activity related solely or primarily to
textbooks, other than money appropriated to enable the board to
carry out a function or activity assigned by the constitution of
this state, is transferred to the Texas Education Agency.
(b) In the period beginning on January 1, 2012, and ending
on April 30, 2012:
(1) the State Board of Education shall continue to
perform functions and activities under the Education Code or other
law as if the law had not been amended or repealed, as applicable,
and the former law is continued in effect for that purpose; and
(2) a person who is authorized or required by law to
take an action relating to the State Board of Education or a member
of the State Board of Education shall continue to take that action
under the law as if the law had not been amended or repealed, as
applicable, and the former law is continued in effect for that
purpose.
SECTION 28. Before May 1, 2012, the State Board of Education
may agree with the commissioner of education to transfer any
property of the State Board of Education to the Texas Education
Agency to implement the transfer required by Section 27 of this Act.
SECTION 29. This Act takes effect January 1, 2012.