Texas 2017 - 85th Regular

Texas Senate Bill SB1481 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R30857 CAE-F
2	1		By: Taylor of Galveston S.B. No. 1481
3		-	(Bohac)
4		-	Substitute the following for S.B. No. 1481: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the instructional materials and technology allotment,
10	7		open education resource instructional materials, and the State
11	8		Board of Education long-range technology plan.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Section 31.001, Education Code, is amended to
14	11		read as follows:
15	12		Sec. 31.001. FREE INSTRUCTIONAL MATERIALS. Instructional
16	13		materials selected for use in the public schools shall be furnished
17	14		without cost to the students attending those schools. Except as
18	15		provided by Section 31.104(d), a school district may not charge a
19	16		student for instructional material or technological equipment
20	17		purchased by the district with the district's instructional
21	18		materials and technology allotment.
22	19		SECTION 2. Sections 31.002(1) and (1-a), Education Code,
23	20		are amended to read as follows:
24	21		(1) "Instructional material" means content that
25	22		conveys the essential knowledge and skills of a subject in the
26	23		public school curriculum through a medium or a combination of media
27	24		for conveying information to a student. The term includes a book,
28	25		supplementary materials, a combination of a book, workbook, and
29	26		supplementary materials, computer software, magnetic media, DVD,
30	27		CD-ROM, computer courseware, on-line services, or an electronic
31	28		medium, or other means of conveying information to the student or
32	29		otherwise contributing to the learning process through electronic
33	30		means, including open education resource [open-source]
34	31		instructional material.
35	32		(1-a) "Open education resource [Open-source]
36	33		instructional material" means teaching, learning, and research
37	34		resources that reside in the public domain or have been released
38	35		under an intellectual property license that allows for free use,
39	36		reuse, modification, and sharing with others, including full
40	37		courses, course materials, modules, textbooks, streaming videos,
41	38		tests, software, and any other tools, materials, or techniques used
42	39		to support access to knowledge [electronic instructional material
43	40		that is available for downloading from the Internet at no charge to
44	41		a student and without requiring the purchase of an unlock code,
45	42		membership, or other access or use charge, except for a charge to
46	43		order an optional printed copy of all or part of the instructional
47	44		material]. The term includes state-developed open education
48	45		resource [open-source] instructional material purchased under
49	46		Subchapter B-1.
50	47		SECTION 3. Section 31.004(b), Education Code, is amended to
51	48		read as follows:
52	49		(b) To determine whether each student has instructional
53	50		materials that cover all elements of the essential knowledge and
54	51		skills as required by Subsection (a), a school district or
55	52		open-enrollment charter school may consider:
56	53		(1) instructional materials adopted by the State Board
57	54		of Education;
58	55		(2) materials adopted or purchased by the commissioner
59	56		under Section 31.0231 or Subchapter B-1;
60	57		(3) open education resource [open-source]
61	58		instructional materials submitted by eligible institutions and
62	59		adopted by the State Board of Education under Section 31.0241;
63	60		(4) open education resource [open-source]
64	61		instructional materials made available by other public schools; and
65	62		(5) instructional materials developed or purchased by
66	63		the school district or open-enrollment charter school.
67	64		SECTION 4. Sections 31.005 and 31.021, Education Code, are
68	65		amended to read as follows:
69	66		Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS.
70	67		An open-enrollment charter school is entitled to the instructional
71	68		materials and technology allotment under this chapter and is
72	69		subject to this chapter as if the school were a school district.
73	70		Sec. 31.021. STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY
74	71		FUND. (a) The state instructional materials and technology fund
75	72		consists of:
76	73		(1) an amount set aside by the State Board of Education
77	74		from the available school fund, in accordance with Section
78	75		43.001(d); and
79	76		(2) all amounts lawfully paid into the fund from any
80	77		other source.
81	78		(c) Money in the state instructional materials and
82	79		technology fund shall be used to:
83	80		(1) fund the instructional materials and technology
84	81		allotment, as provided by Section 31.0211;
85	82		(2) purchase special instructional materials for the
86	83		education of blind and visually impaired students in public
87	84		schools;
88	85		(3) pay the expenses associated with the instructional
89	86		materials adoption and review process under this chapter;
90	87		(4) pay the expenses associated with the purchase or
91	88		licensing of open education resource [open-source] instructional
92	89		material;
93	90		(5) pay the expenses associated with the purchase of
94	91		instructional material, including intrastate freight and shipping
95	92		and the insurance expenses associated with intrastate freight and
96	93		shipping; and
97	94		(6) [fund the technology lending grant program
98	95		established under Section 32.201; and
99	96		[(7)] provide funding to the Texas School for the
100	97		Blind and Visually Impaired, the Texas School for the Deaf, and the
101	98		Texas Juvenile Justice Department.
102	99		(d) Money transferred to the state instructional materials
103	100		and technology fund remains in the fund until spent and does not
104	101		lapse to the state at the end of the fiscal year.
105	102		SECTION 5. The heading to Section 31.0211, Education Code,
106	103		is amended to read as follows:
107	104		Sec. 31.0211. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
108	105		ALLOTMENT.
109	106		SECTION 6. Sections 31.0211(a), (b), and (c), Education
110	107		Code, are amended to read as follows:
111	108		(a) A school district is entitled to an allotment each
112	109		biennium from the state instructional materials and technology fund
113	110		for each student enrolled in the district on a date during the last
114	111		year of the preceding biennium specified by the commissioner. The
115	112		commissioner shall determine the amount of the allotment per
116	113		student each biennium on the basis of the amount of money available
117	114		in the state instructional materials and technology fund to fund
118	115		the allotment. An allotment under this section shall be
119	116		transferred from the state instructional materials and technology
120	117		fund to the credit of the district's instructional materials and
121	118		technology account as provided by Section 31.0212.
122	119		(b) A juvenile justice alternative education program under
123	120		Section 37.011 is entitled to an allotment from the state
124	121		instructional materials and technology fund in an amount determined
125	122		by the commissioner. The program shall use the allotment to
126	123		purchase items listed in Subsection (c) for students enrolled in
127	124		the program. The commissioner's determination under this
128	125		subsection is final and may not be appealed.
129	126		(c) Subject to Subsection (d), funds allotted under this
130	127		section may be used to:
131	128		(1) purchase:
132	129		(A) materials on the list adopted by the
133	130		commissioner, as provided by Section 31.0231;
134	131		(B) instructional materials, regardless of
135	132		whether the instructional materials are on the list adopted under
136	133		Section 31.024;
137	134		(C) consumable instructional materials,
138	135		including workbooks;
139	136		(D) instructional materials for use in bilingual
140	137		education classes, as provided by Section 31.029;
141	138		(E) instructional materials for use in college
142	139		preparatory courses under Section 28.014, as provided by Section
143	140		31.031;
144	141		(F) supplemental instructional materials, as
145	142		provided by Section 31.035;
146	143		(G) state-developed open education resource
147	144		[open-source] instructional materials, as provided by Subchapter
148	145		B-1;
149	146		(H) instructional materials and technological
150	147		equipment under any continuing contracts of the district in effect
151	148		on September 1, 2011; and
152	149		(I) technological equipment necessary to support
153	150		the use of materials included on the list adopted by the
154	151		commissioner under Section 31.0231 or any instructional materials
155	152		purchased with an allotment under this section; and
156	153		(2) pay:
157	154		(A) for training educational personnel directly
158	155		involved in student learning in the appropriate use of
159	156		instructional materials and for providing for access to
160	157		technological equipment for instructional use; and
161	158		(B) the salary and other expenses of an employee
162	159		who provides technical support for the use of technological
163	160		equipment directly involved in student learning.
164	161		SECTION 7. The heading to Section 31.0212, Education Code,
165	162		is amended to read as follows:
166	163		Sec. 31.0212. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
167	164		ACCOUNT.
168	165		SECTION 8. Sections 31.0212(a), (b), (d), and (e),
169	166		Education Code, are amended to read as follows:
170	167		(a) The commissioner shall maintain an instructional
171	168		materials and technology account for each school district. In the
172	169		first year of each biennium, the commissioner shall deposit in the
173	170		account for each district the amount of the district's
174	171		instructional materials and technology allotment under Section
175	172		31.0211.
176	173		(b) The commissioner shall pay the cost of instructional
177	174		materials requisitioned by a school district under Section 31.103
178	175		using funds from the district's instructional materials and
179	176		technology account.
180	177		(d) Money deposited in a school district's instructional
181	178		materials and technology account during each state fiscal biennium
182	179		remains in the account and available for use by the district for the
183	180		entire biennium. At the end of each biennium, a district with
184	181		unused money in the district's account may carry forward any
185	182		remaining balance to the next biennium.
186	183		(e) The commissioner shall adopt rules as necessary to
187	184		implement this section. The rules must include a requirement that a
188		-	school district provide the title and publication information for
	185	+	school district:
	186	+	(1) provide the title and publication information for
189	187		any instructional materials requisitioned or purchased by the
190	188		district with the district's instructional materials and
191		-	technology allotment.
	189	+	technology allotment; and
	190	+	(2) certify that the use of open education resource
	191	+	instructional material was considered as required by Section
	192	+	31.101(b).
192	193		SECTION 9. Section 31.0213, Education Code, is amended to
193	194		read as follows:
194	195		Sec. 31.0213. CERTIFICATION OF USE OF INSTRUCTIONAL
195	196		MATERIALS AND TECHNOLOGY ALLOTMENT. Each school district shall
196	197		annually certify to the commissioner that the district's
197	198		instructional materials and technology allotment has been used only
198	199		for expenses allowed by Section 31.0211.
199	200		SECTION 10. Section 31.0214(a), Education Code, is amended
200	201		to read as follows:
201	202		(a) Each year the commissioner shall adjust the
202	203		instructional materials and technology allotment of school
203	204		districts experiencing high enrollment growth. The commissioner
204	205		shall establish a procedure for determining high enrollment growth
205	206		districts eligible to receive an adjustment under this section and
206	207		the amount of the instructional materials and technology allotment
207	208		those districts will receive.
208	209		SECTION 11. The heading to Section 31.0215, Education Code,
209	210		is amended to read as follows:
210	211		Sec. 31.0215. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
211	212		[MATERIAL] ALLOTMENT PURCHASES.
212	213		SECTION 12. Sections 31.0215(b) and (c), Education Code,
213	214		are amended to read as follows:
214	215		(b) The commissioner may allow a school district or
215	216		open-enrollment charter school to place an order for instructional
216	217		materials before the beginning of a fiscal biennium and to receive
217	218		instructional materials before payment. The commissioner shall
218	219		limit the cost of an order placed under this section to 80 percent
219	220		of the estimated amount to which a school district or
220	221		open-enrollment charter school is estimated to be entitled as
221	222		provided by Subsection (a) and shall first credit any balance in a
222	223		district or charter school instructional materials and technology
223	224		account to pay for an order placed under this section.
224	225		(c) The commissioner shall make payments for orders placed
225	226		under this section as funds become available to the instructional
226	227		materials and technology fund and shall prioritize payment of
227	228		orders placed under this section over reimbursement of purchases
228	229		made directly by a school district or open-enrollment charter
229	230		school.
230	231		SECTION 13. Section 31.022, Education Code, is amended by
231	232		amending Subsection (d) and adding Subsections (g) and (h) to read
232	233		as follows:
233	234		(d) At least 12 months before the beginning of the school
234	235		year for which instructional materials for a particular subject and
235	236		grade level will be adopted under the review and adoption cycle, the
236	237		board shall publish notice of the review and adoption cycle for
237	238		those instructional materials. A request for production must allow
238	239		submission of open education resource [open-source] instructional
239	240		materials that are available for use by the state without charge on
240	241		the same basis as instructional materials offered for sale.
241	242		(g) In reviewing and adopting instructional materials, the
242	243		board shall consider a school district's need for technology as
243	244		well as instructional materials and in any biennium may limit the
244	245		adoption of instructional materials to provide sufficient
245	246		resources to purchase technology resources, including digital
246	247		curriculum.
247	248		(h) The board shall include information regarding open
248	249		education resource instructional materials during the adoption
249	250		cycle, including any cost savings associated with the adoption of
250	251		open education resource instructional materials.
251	252		SECTION 14. Section 31.0231(b), Education Code, is amended
252	253		to read as follows:
253	254		(b) A school district may select material on the list
254	255		adopted under Subsection (a) to be funded by the district's
255	256		instructional materials and technology allotment under Section
256	257		31.0211.
257	258		SECTION 15. The heading to Section 31.0241, Education Code,
258	259		is amended to read as follows:
259	260		Sec. 31.0241. ADOPTION OF OPEN EDUCATION RESOURCE
260	261		[OPEN-SOURCE] INSTRUCTIONAL MATERIALS.
261	262		SECTION 16. Section 31.0241(b), Education Code, is amended
262	263		to read as follows:
263	264		(b) The State Board of Education shall place open education
264	265		resource [open-source] instructional material for a
265	266		secondary-level course submitted for adoption by an eligible
266	267		institution on the list adopted under Section 31.023 if:
267	268		(1) the instructional material is written, compiled,
268	269		or edited primarily by faculty of the eligible institution who
269	270		specialize in the subject area of the instructional material;
270	271		(2) the eligible institution identifies each
271	272		contributing author;
272	273		(3) the appropriate department of the eligible
273	274		institution certifies the instructional material for accuracy; and
274	275		(4) the eligible institution determines that the
275	276		instructional material qualifies for placement on the list based on
276	277		the extent to which the instructional material covers the essential
277	278		knowledge and skills identified under Section 28.002 for the
278	279		subject for which the instructional material is written and
279	280		certifies that:
280	281		(A) for instructional material for a
281	282		senior-level course, a student who successfully completes a course
282	283		based on the instructional material will be prepared, without
283	284		remediation, for entry into the eligible institution's
284	285		freshman-level course in that subject; or
285	286		(B) for instructional material for a
286	287		junior-level and senior-level course, a student who successfully
287	288		completes the junior-level course based on the instructional
288	289		material will be prepared for entry into the senior-level course.
289	290		SECTION 17. Section 31.0242, Education Code, is amended to
290	291		read as follows:
291	292		Sec. 31.0242. REVIEW OF OPEN EDUCATION RESOURCE
292	293		[OPEN-SOURCE] INSTRUCTIONAL MATERIAL. Not later than the 90th day
293	294		after the date open education resource [open-source] instructional
294	295		material is submitted as provided by Section 31.0241, the State
295	296		Board of Education may review the instructional material. The
296	297		board shall:
297	298		(1) post with the list adopted under Section 31.023
298	299		comments made by the board regarding the open education resource
299	300		[open-source] instructional material placed on the list; and
300	301		(2) distribute board comments to school districts.
301	302		SECTION 18. Section 31.026(d), Education Code, is amended
302	303		to read as follows:
303	304		(d) This section does not apply to open education resource
304	305		[open-source] instructional material.
305	306		SECTION 19. Section 31.0261, Education Code, is amended to
306	307		read as follows:
307	308		Sec. 31.0261. CONTRACTS FOR PRINTING OF OPEN EDUCATION
308	309		RESOURCE [OPEN-SOURCE] INSTRUCTIONAL MATERIALS. The State Board of
309	310		Education may execute a contract for the printing of open education
310	311		resource [open-source] instructional materials placed on the list
311	312		adopted under Section 31.023. The contract must allow a school
312	313		district to requisition printed copies of open education resource
313	314		[open-source] instructional materials as provided by Section
314	315		31.103.
315	316		SECTION 20. Section 31.027(c), Education Code, is amended
316	317		to read as follows:
317	318		(c) This section does not apply to open education resource
318	319		[open-source] instructional material.
319	320		SECTION 21. Section 31.029(a), Education Code, is amended
320	321		to read as follows:
321	322		(a) A school district shall purchase with the district's
322	323		instructional materials and technology allotment or otherwise
323	324		acquire instructional materials for use in bilingual education
324	325		classes.
325	326		SECTION 22. Section 31.031(a), Education Code, is amended
326	327		to read as follows:
327	328		(a) A school district may purchase with the district's
328	329		instructional materials and technology allotment or otherwise
329	330		acquire instructional materials for use in college preparatory
330	331		courses under Section 28.014.
331	332		SECTION 23. The heading to Subchapter B-1, Chapter 31,
332	333		Education Code, is amended to read as follows:
333	334		SUBCHAPTER B-1. STATE-DEVELOPED OPEN EDUCATION RESOURCE
334	335		[OPEN-SOURCE] INSTRUCTIONAL MATERIALS
335	336		SECTION 24. Sections 31.071 and 31.072, Education Code, are
336	337		amended to read as follows:
337	338		Sec. 31.071. PURCHASE AUTHORITY. (a) The commissioner may
338	339		purchase state-developed open education resource [open-source]
339	340		instructional materials in accordance with this subchapter.
340	341		(b) The commissioner:
341	342		(1) shall purchase any state-developed open education
342	343		resource [open-source] instructional materials through a
343	344		competitive process; and
344	345		(2) may purchase more than one state-developed open
345	346		education resource [open-source] instructional material for a
346	347		subject or grade level.
347	348		(c) State-developed open education resource [open-source]
348	349		instructional material must be irrevocably owned by or licensed to
349	350		the state for use in the applicable subject or grade level. The
350	351		state must have unlimited authority to modify, delete, combine, or
351	352		add content to the instructional material after purchase.
352	353		(d) The commissioner may issue a request for proposals for
353	354		state-developed open education resource [open-source]
354	355		instructional material:
355	356		(1) in accordance with the instructional material
356	357		review and adoption cycle under Section 31.022; or
357	358		(2) at any other time the commissioner determines that
358	359		a need exists for additional instructional material options.
359	360		(e) The costs of administering this subchapter and
360	361		purchasing state-developed open education resource [open-source]
361	362		instructional materials shall be paid from the state instructional
362	363		materials and technology fund, as determined by the commissioner.
363	364		Sec. 31.072. CONTENT REQUIREMENTS. (a) State-developed
364	365		open education resource [open-source] instructional material must:
365	366		(1) be evaluated by teachers or other experts, as
366	367		determined by the commissioner, before purchase; and
367	368		(2) meet the requirements for inclusion on the
368	369		instructional material list adopted under Section 31.023.
369	370		(b) Following a curriculum revision by the State Board of
370	371		Education, the commissioner shall require the revision of
371	372		state-developed open education resource [open-source]
372	373		instructional material relating to that curriculum. The
373	374		commissioner may, at any time, require an additional revision of
374	375		state-developed open education resource [open-source]
375	376		instructional material or contract for ongoing revisions of
376	377		state-developed open education resource [open-source]
377	378		instructional material for a period not to exceed the period under
378	379		Section 31.022 for which instructional material for that subject
379	380		and grade level may be adopted. The commissioner shall use a
380	381		competitive process to request proposals to revise state-developed
381	382		open education resource [open-source] instructional material under
382	383		this subsection.
383	384		SECTION 25. Sections 31.073, 31.074, and 31.075, Education
384	385		Code, are amended to read as follows:
385	386		Sec. 31.073. SELECTION BY SCHOOL DISTRICT.
386	387		(c) Notwithstanding Section 31.022, a school district or
387	388		open-enrollment charter school may adopt state-developed open
388	389		education resource [open-source] instructional material at any
389	390		time, regardless of the instructional material review and adoption
390	391		cycle under that section.
391	392		(d) A school district or open-enrollment charter school may
392	393		not be charged for selection of state-developed open education
393	394		resource [open-source] instructional material in addition to
394	395		instructional material adopted under Subchapter B.
395	396		Sec. 31.074. DISTRIBUTION. (a) The commissioner shall
396	397		provide for the distribution of state-developed open education
397	398		resource [open-source] instructional materials in a manner
398	399		consistent with distribution of instructional materials adopted
399	400		under Subchapter B.
400	401		(b) The commissioner may use a competitive process to
401	402		contract for printing or other reproduction of state-developed open
402	403		education resource [open-source] instructional material on behalf
403	404		of a school district or open-enrollment charter school. The
404	405		commissioner may not require a school district or open-enrollment
405	406		charter school to contract with a state-approved provider for the
406	407		printing or reproduction of state-developed open education
407	408		resource [open-source] instructional material.
408	409		Sec. 31.075. OWNERSHIP; LICENSING. (a) State-developed
409	410		open education resource [open-source] instructional material is
410	411		the property of the state.
411	412		(b) The commissioner shall provide a license to each public
412	413		school in the state, including a school district, an
413	414		open-enrollment charter school, and a state or local agency
414	415		educating students in any grade from prekindergarten through high
415	416		school, to use and reproduce state-developed open education
416	417		resource [open-source] instructional material.
417	418		(c) The commissioner may provide a license to use
418	419		state-developed open education resource [open-source]
419	420		instructional material to an entity not listed in Subsection (b).
420	421		In determining the cost of a license under this subsection, the
421	422		commissioner shall seek, to the extent feasible, to recover the
422	423		costs of developing, revising, and distributing state-developed
423	424		open education resource [open-source] instructional materials.
424	425		SECTION 26. Section 31.076(b), Education Code, is amended
425	426		to read as follows:
426	427		(b) A decision by the commissioner regarding the purchase,
427	428		revision, cost, or distribution of state-developed open education
428	429		resource [open-source] instructional material is final and may not
429	430		be appealed.
430	431		SECTION 27. Section 31.077, Education Code, is amended to
431	432		read as follows:
432	433		Sec. 31.077. ADOPTION SCHEDULE. The commissioner shall
433	434		develop a schedule for the adoption of state-developed open
434	435		education resource [open-source] instructional materials under
435	436		this subchapter. In developing the adoption schedule under this
436	437		section, the commissioner shall consider:
437	438		(1) the availability of funds;
438	439		(2) the existing instructional material adoption
439	440		cycles under Subchapter B; and
440	441		(3) the availability of instructional materials for
441	442		development or purchase by the state.
442	443		SECTION 28. Section 31.101, Education Code, is amended by
443	444		adding Subsection (b) and amending Subsection (f) to read as
444	445		follows:
445	446		(b) In selecting instructional material each year, a school
446		-	district or open-enrollment charter school may consider the use of
447		-	open education resource instructional materials.
	447	+	district or open-enrollment charter school must consider the use of
	448	+	open education resource instructional materials and must certify to
	449	+	the State Board of Education that the district considered the
	450	+	selection of open education resource instructional materials.
448	451		(f) The commissioner shall maintain an online requisition
449	452		system for school districts to requisition instructional materials
450	453		to be purchased with the district's instructional materials and
451	454		technology allotment.
452	455		SECTION 29. Section 31.103(d), Education Code, is amended
453	456		to read as follows:
454	457		(d) A school district or open-enrollment charter school
455	458		that selects open education resource [open-source] instructional
456	459		material shall requisition a sufficient number of printed copies
457	460		for use by students unable to access the instructional material
458	461		electronically unless the district or school provides to each
459	462		student:
460	463		(1) electronic access to the instructional material at
461	464		no cost to the student; or
462	465		(2) printed copies of the portion of the instructional
463	466		material that will be used in the course.
464	467		SECTION 30. Sections 31.104(b), (g), and (h), Education
465	468		Code, are amended to read as follows:
466	469		(b) A school district or open-enrollment charter school may
467	470		order replacements for instructional materials that have been lost
468	471		or damaged directly from the publisher of the instructional
469	472		materials or any source for a printed copy of open education
470	473		resource [open-source] instructional material.
471	474		(g) At the end of the school year for which open education
472	475		resource [open-source] instructional material that a school
473	476		district or open-enrollment charter school does not intend to use
474	477		for another student is distributed, the printed copy of the open
475	478		education resource [open-source] instructional material becomes
476	479		the property of the student to whom it is distributed.
477	480		(h) This section does not apply to an electronic copy of
478	481		open education resource [open-source] instructional material.
479	482		SECTION 31. Sections 31.151(d) and (e), Education Code, are
480	483		amended to read as follows:
481	484		(d) A penalty collected under this section shall be
482	485		deposited to the credit of the state instructional materials and
483	486		technology fund.
484	487		(e) An eligible institution, as defined by Section
485	488		31.0241(a), that offers open education resource [open-source]
486	489		instructional materials under Section 31.0241 is not a publisher or
487	490		manufacturer for purposes of this section.
488	491		SECTION 32. Section 32.001(b), Education Code, is amended
489	492		to read as follows:
490	493		(b) The State Board of Education shall update [as necessary]
491	494		the plan developed under Subsection (a) at least every five years.
492	495		SECTION 33. Section 41.124(c), Education Code, is amended
493	496		to read as follows:
494	497		(c) A school district that receives tuition for a student
495	498		from a school district with a wealth per student that exceeds the
496	499		equalized wealth level may not claim attendance for that student
497	500		for purposes of Chapters 42 and 46 and the instructional materials
498	501		and technology allotment under Section 31.0211.
499	502		SECTION 34. Section 43.001(d), Education Code, is amended
500	503		to read as follows:
501	504		(d) Each biennium the State Board of Education shall set
502	505		aside an amount equal to 50 percent of the distribution for that
503	506		biennium from the permanent school fund to the available school
504	507		fund as provided by Section 5(a), Article VII, Texas Constitution,
505	508		to be placed, subject to the General Appropriations Act, in the
506	509		state instructional materials and technology fund established
507	510		under Section 31.021.
508	511		SECTION 35. Section 403.093(d), Government Code, is amended
509	512		to read as follows:
510	513		(d) The comptroller shall transfer from the general revenue
511	514		fund to the foundation school fund an amount of money necessary to
512	515		fund the foundation school program as provided by Chapter 42,
513	516		Education Code. The comptroller shall make the transfers in
514	517		installments as necessary to comply with Section 42.259, Education
515	518		Code, and permit the Texas Education Agency, to the extent
516	519		authorized by the General Appropriations Act, to make temporary
517	520		transfers from the foundation school fund for payment of the
518	521		instructional materials and technology allotment under Section
519	522		31.0211, Education Code. Unless an earlier date is necessary for
520	523		purposes of temporary transfers for payment of the instructional
521	524		materials and technology allotment, an installment must be made not
522	525		earlier than two days before the date an installment to school
523	526		districts is required by Section 42.259, Education Code, and must
524	527		not exceed the amount necessary for that payment and any temporary
525	528		transfers for payment of the instructional materials and technology
526	529		allotment.
527	530		SECTION 36. This Act takes effect immediately if it
528	531		receives a vote of two-thirds of all the members elected to each
529	532		house, as provided by Section 39, Article III, Texas Constitution.
530	533		If this Act does not receive the vote necessary for immediate
531	534		effect, this Act takes effect September 1, 2017.