1 | 1 | | 89R64 SCP-D |
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2 | 2 | | By: Swanson H.B. No. 177 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the purchase of online library resources for primary |
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10 | 10 | | and secondary schools by the Texas State Library and Archives |
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11 | 11 | | Commission. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Subchapter M, Chapter 441, Government Code, is |
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14 | 14 | | amended by adding Section 441.231 to read as follows: |
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15 | 15 | | Sec. 441.231. ONLINE LIBRARY RESOURCES FOR PRIMARY AND |
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16 | 16 | | SECONDARY SCHOOLS. (a) The commission shall use funds |
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17 | 17 | | appropriated to the commission or consortium services fees |
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18 | 18 | | collected from school districts under Section 441.224(b) to |
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19 | 19 | | purchase online library resources for primary and secondary schools |
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20 | 20 | | that: |
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21 | 21 | | (1) meet the standards adopted by the State Board of |
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22 | 22 | | Education under this section; and |
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23 | 23 | | (2) have adopted Internet safety policies and |
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24 | 24 | | technology protection measures meeting the requirements for |
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25 | 25 | | certification under 47 U.S.C. Sections 254(h)(5)(B) and (C). |
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26 | 26 | | (b) The State Board of Education by rule shall adopt |
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27 | 27 | | standards for online library resources purchased under Subsection |
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28 | 28 | | (a). |
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29 | 29 | | (c) The commission may purchase online library resources |
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30 | 30 | | under Subsection (a) only if the vendor providing the resources |
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31 | 31 | | certifies that the resources comply with: |
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32 | 32 | | (1) the standards adopted by the State Board of |
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33 | 33 | | Education under this section; and |
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34 | 34 | | (2) 47 U.S.C. Section 254(h)(5). |
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35 | 35 | | (d) If the State Board of Education finds that a vendor |
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36 | 36 | | subject to Subsection (c) is not substantially complying with the |
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37 | 37 | | standards adopted by the board or the requirements of 47 U.S.C. |
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38 | 38 | | Section 254(h)(5), the board shall notify the vendor of the |
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39 | 39 | | vendor's noncompliance. If the vendor fails to substantially |
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40 | 40 | | comply with the standards and federal law on or before the 90th day |
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41 | 41 | | after the date the vendor receives the notice, the board shall |
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42 | 42 | | notify the commission and the commission may withhold further |
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43 | 43 | | payments to the vendor pending verification of compliance with the |
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44 | 44 | | standards and federal law. |
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45 | 45 | | (e) If a vendor described by Subsection (d) fails to verify |
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46 | 46 | | that the vendor is in compliance with the standards and federal law |
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47 | 47 | | on or before the 180th day after the date the vendor receives the |
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48 | 48 | | notice of noncompliance described by that subsection, the |
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49 | 49 | | commission may consider the vendor's act of noncompliance a breach |
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50 | 50 | | of contract. |
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51 | 51 | | (f) Not later than December 1 of each year, the commission |
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52 | 52 | | shall submit to the Legislative Budget Board and the office of the |
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53 | 53 | | governor a report on any issues related to vendor compliance with: |
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54 | 54 | | (1) standards adopted by the State Board of Education |
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55 | 55 | | under this section; and |
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56 | 56 | | (2) technology protection measures required by 47 |
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57 | 57 | | U.S.C. Section 254(h)(5). |
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58 | 58 | | (g) The State Board of Education by rule shall establish a |
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59 | 59 | | system to promptly and efficiently address complaints filed with |
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60 | 60 | | the board regarding: |
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61 | 61 | | (1) online library resources purchased by the |
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62 | 62 | | commission under Subsection (a); and |
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63 | 63 | | (2) vendors providing online library resources |
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64 | 64 | | described by Subdivision (1). |
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65 | 65 | | SECTION 2. This Act takes effect immediately if it receives |
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66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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69 | 69 | | Act takes effect September 1, 2025. |
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