Texas 2017 - 85th Regular

Texas Senate Bill SB1784 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1784
	1	+	By: Taylor of Galveston S.B. No. 1784
	2	+	(Huberty)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5		-	relating to open-source instructional material for public schools.
	7	+	relating to state-developed open-source instructional material for
	8	+	public schools.
6	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	10		SECTION 1. Section 31.002(1-a), Education Code, is amended
8	11		to read as follows:
9	12		(1-a) "Open-source instructional material" means
10	13		teaching, learning, and research resources that reside in the
11	14		public domain or have been released under an intellectual property
12		-	license that allows for free use, reuse, modification, and sharing
13		-	with others, including full courses, course materials, modules,
14		-	textbooks, streaming videos, tests, software, and any other tools,
15		-	materials, or techniques used to support access to knowledge.
16		-	[electronic instructional material that is available for
17		-	downloading from the Internet at no charge to a student and without
18		-	requiring the purchase of an unlock code, membership, or other
19		-	access or use charge, except for a charge to order an optional
20		-	printed copy of all or part of the instructional material.] The
21		-	term includes state-developed open-source instructional material
22		-	purchased under Subchapter B-1.
23		-	SECTION 2. Section 31.071(c), Education Code, is amended to
	15	+	license that permits the free use, reuse, modification, and sharing
	16	+	of the resource with others, including full courses, course
	17	+	materials, modules, textbooks, streaming videos, tests, software,
	18	+	and any other tools, materials, or techniques used to support
	19	+	access to knowledge. [electronic instructional material that is
	20	+	available for downloading from the Internet at no charge to a
	21	+	student and without requiring the purchase of an unlock code,
	22	+	membership, or other access or use charge, except for a charge to
	23	+	order an optional printed copy of all or part of the instructional
	24	+	material.] The term includes state-developed open-source
	25	+	instructional material purchased under Subchapter B-1.
	26	+	SECTION 2. Section 31.021(c), Education Code, is amended to
	27	+	read as follows:
	28	+	(c) Money in the state instructional materials fund shall be
	29	+	used to:
	30	+	(1) fund the instructional materials allotment, as
	31	+	provided by Section 31.0211;
	32	+	(2) purchase special instructional materials for the
	33	+	education of blind and visually impaired students in public
	34	+	schools;
	35	+	(3) pay the expenses associated with the instructional
	36	+	materials adoption and review process under this chapter;
	37	+	(4) pay the expenses associated with the purchase or
	38	+	licensing of open-source instructional material;
	39	+	(5) pay the expenses associated with the purchase of
	40	+	instructional material, including intrastate freight and shipping
	41	+	and the insurance expenses associated with intrastate freight and
	42	+	shipping; and
	43	+	(6) [fund the technology lending grant program
	44	+	established under Section 32.201; and
	45	+	[(7)] provide funding to the Texas School for the
	46	+	Blind and Visually Impaired, the Texas School for the Deaf, and the
	47	+	Texas Juvenile Justice Department.
	48	+	SECTION 3. Section 31.071(c), Education Code, is amended to
24	49		read as follows:
25	50		(c) Except as provided by Section 31.0711, a
26	51		state-developed [State-developed] open-source instructional
27	52		material must be irrevocably owned by [or licensed to] the state
28	53		[for use in the applicable subject or grade level]. The state must
29	54		have unlimited authority to modify, delete, combine, or add content
30	55		to the instructional material after purchase.
31		-	SECTION 3. Subchapter B-1, Chapter 31, Education Code, is
	56	+	SECTION 4. Subchapter B-1, Chapter 31, Education Code, is
32	57		amended by adding Section 31.0711 to read as follows:
33		-	Sec. 31.0711. CONTENT NOT OWNED BY STATE. ~~Instructional~~
34		-	material ~~purchased under this subchapter~~ may include ~~content not~~
35		-	owned by the state and for which preexisting rights may ~~exist if the~~
36		-	content:
	58	+	Sec. 31.0711. CONTENT NOT OWNED BY STATE. (a) A
	59	+	state-developed open-source instructional material may include
	60	+	content not owned by the state and for which preexisting rights may
	61	+	exist if the content:
37	62		(1) is in the public domain;
38	63		(2) may be used under a limitation or exception to
39	64		copyright law, including a limitation under Section 107, Copyright
40	65		Act of 1976 (17 U.S.C. Section 107); or
41		-	(3) is licensed to the state ~~under a license that:~~
42		-	~~(A) grants the state unlimited authority to~~
43		-	~~modify, delete,~~ ~~combine, or add content;~~
44		-	(B) ~~permits~~ the ~~free use and repurposing of the~~
45		-	~~material by any person~~ or ~~entity~~; and
46		-	(C) ~~is for a term~~ of ~~use acceptable to~~ the
47		-	~~commissioner to ensure a useful life of the~~ material.
48		-	SECTION 4. Section 31.075, Education Code, is amended by
	66	+	(3) is licensed to the state for use in an open-source
	67	+	instructional material.
	68	+	(b) A license described by Subsection (a)(3) must:
	69	+	(1) grant the state unlimited authority to modify,
	70	+	delete, combine, or add content; and
	71	+	(2) permit the free use and repurposing of the
	72	+	material by any person.
	73	+	SECTION 5. Section 31.075, Education Code, is amended by
49	74		amending Subsections (b) and (c) and adding Subsections (d), (e),
50		-	(f), (g), and (h) to read as follows:
51		-	(b) To encourage the use of instructional material
52		-	purchased by the state under this subchapter by school districts
53		-	and open-enrollment charter schools, the [The] commissioner shall
54		-	provide a license for the instructional material that allows for
55		-	the free use, reuse, modification, or sharing of the material by any
56		-	person or entity [to each public school in the state, including a
57		-	school district, an open-enrollment charter school, and a state or
58		-	local agency educating students in any grade from prekindergarten
59		-	through high school, to use and reproduce state-developed
60		-	open-source instructional material].
61		-	(c) The terms of a license provided by the commissioner
62		-	under this section:
63		-	(1) shall require that a user who reproduces the
	75	+	and (f) to read as follows:
	76	+	(b) To encourage the use of state-developed open-source
	77	+	instructional materials by school districts and open-enrollment
	78	+	charter schools, the [The] commissioner shall provide a license for
	79	+	a state-developed open-source instructional material that allows
	80	+	for the free use, reuse, modification, or sharing of the material by
	81	+	any person [to each public school in the state, including a school
	82	+	district, an open-enrollment charter school, and a state or local
	83	+	agency educating students in any grade from prekindergarten through
	84	+	high school, to use and reproduce state-developed open-source
	85	+	instructional material].
	86	+	(c) A license provided by the commissioner under this
	87	+	section:
	88	+	(1) unless exempted by the commissioner, shall require
	89	+	that a user who reproduces a state-developed open-source
64	90		instructional material in any manner:
65	91		(A) except as provided by Subdivision (2)(A),
66	92		must keep all copyright notices for the material intact;
67	93		(B) except as provided by Subdivision (2)(A),
68	94		must attribute the authorship of the material to the agency or
69	95		another person specified by the commissioner;
70	96		(C) must indicate if the user has modified the
71	97		material;
72	98		(D) may not assert or imply any connection with
73	99		or sponsorship or endorsement by the agency or this state, unless
74	100		authorized by the commissioner; and
75		-	(E) to the extent reasonably practicable, must
76		-	provide in any product or derivative material a uniform resource
77		-	identifier or hyperlink through which a person may obtain the
78		-	material free of charge;
	101	+	(E) must provide clear and conspicuous notice of
	102	+	how and where a person may obtain the material free of charge; and
79	103		(2) must provide that:
80	104		(A) the commissioner may request that a user
81	105		remove a copyright notice or attribution from the material and that
82	106		a user must comply with the request to the extent reasonably
83	107		practicable; and
84	108		(B) the rights granted under the license to a
85	109		user are automatically terminated if the user fails to comply with
86		-	the terms of the license; and
87		-	(3) may include any additional terms determined by the
88		-	commissioner [The commissioner may provide a license to use
89		-	state-developed open-source instructional material to an entity
90		-	not listed in Subsection (b). In determining the cost of a license
91		-	under this subsection, the commissioner shall seek, to the extent
92		-	feasible, to recover the costs of developing, revising, and
	110	+	the terms of the license [The commissioner may provide a license to
	111	+	use state-developed open-source instructional material to an
	112	+	entity not listed in Subsection (b). In determining the cost of a
	113	+	license under this subsection, the commissioner shall seek, to the
	114	+	extent feasible, to recover the costs of developing, revising, and
93	115		distributing state-developed open-source instructional
94	116		materials].
95		-	(d) The commissioner may exempt a license under this section
96		-	from including one or more of the requirements under Subsection
97		-	(c)(1).
98		-	(e) The commissioner shall determine what is considered
99		-	reasonably practicable for purposes of Subsections (c)(1)(E) and
100		-	(c)(2)(A).
101		-	(f) The commissioner may:
	117	+	(d) The commissioner shall determine what is considered
	118	+	reasonably practicable for purposes of Subsection (c)(2)(A).
	119	+	(e) The commissioner may:
102	120		(1) specify requirements to reinstate a user's rights
103	121		under a license that has been terminated; and
104	122		(2) reinstate a user's rights on completion of those
105	123		requirements.
106		-	(g) The commissioner may use a license commonly applied to
	124	+	(f) The commissioner may use a license commonly applied to
107	125		an open education resource in implementing this section.
108		-	(h) The attorney general shall represent the agency in an
109		-	action brought under this section and may recover reasonable
110		-	expenses incurred in obtaining relief, including court costs,
111		-	reasonable attorney's fees, investigative costs, witness fees, and
112		-	deposition costs.
113		-	SECTION 5. Section 31.076(b), Education Code, is amended to
	126	+	SECTION 6. Section 31.076(b), Education Code, is amended to
114	127		read as follows:
115	128		(b) A decision by the commissioner regarding the purchase,
116	129		revision, cost, licensing, or distribution of state-developed
117	130		open-source instructional material is final and may not be
118	131		appealed.
119		-	SECTION 6. Section 31.077, Education Code, is repealed.
120		-	SECTION 7. The commissioner of education may apply the
121		-	changes in law made by this Act to instructional material purchased
122		-	by the state under Subchapter B-1, Chapter 31, Education Code,
123		-	regardless of whether the instructional material was purchased
124		-	before, on, or after the effective date of this Act.
	132	+	SECTION 7. Section 31.077, Education Code, is repealed.
125	133		SECTION 8. This Act takes effect immediately if it receives
126	134		a vote of two-thirds of all the members elected to each house, as
127	135		provided by Section 39, Article III, Texas Constitution. If this
128	136		Act does not receive the vote necessary for immediate effect, this
129	137		Act takes effect September 1, 2017.
130		-	______________________________ ______________________________
131		-	President of the Senate Speaker of the House
132		-	I hereby certify that S.B. No. 1784 passed the Senate on
133		-	April 26, 2017, by the following vote: Yeas 31, Nays 0;
134		-	May 26, 2017, Senate refused to concur in House amendments and
135		-	requested appointment of Conference Committee; May 27, 2017, House
136		-	granted request of the Senate; May 28, 2017, Senate adopted
137		-	Conference Committee Report by the following vote: Yeas 30,
138		-	Nays 1.
139		-	______________________________
140		-	Secretary of the Senate
141		-	I hereby certify that S.B. No. 1784 passed the House, with
142		-	amendments, on May 22, 2017, by the following vote: Yeas 146,
143		-	Nays 0, one present not voting; May 27, 2017, House granted request
144		-	of the Senate for appointment of Conference Committee;
145		-	May 28, 2017, House adopted Conference Committee Report by the
146		-	following vote: Yeas 144, Nays 0, two present not voting.
147		-	______________________________
148		-	Chief Clerk of the House
149		-	Approved:
150		-	______________________________
151		-	Date
152		-	______________________________
153		-	Governor