89R64 SCP-D
By: Swanson H.B. No. 177
A BILL TO BE ENTITLED
AN ACT
relating to the purchase of online library resources for primary
and secondary schools by the Texas State Library and Archives
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter M, Chapter 441, Government Code, is
amended by adding Section 441.231 to read as follows:
Sec. 441.231. ONLINE LIBRARY RESOURCES FOR PRIMARY AND
SECONDARY SCHOOLS. (a) The commission shall use funds
appropriated to the commission or consortium services fees
collected from school districts under Section 441.224(b) to
purchase online library resources for primary and secondary schools
that:
(1) meet the standards adopted by the State Board of
Education under this section; and
(2) have adopted Internet safety policies and
technology protection measures meeting the requirements for
certification under 47 U.S.C. Sections 254(h)(5)(B) and (C).
(b) The State Board of Education by rule shall adopt
standards for online library resources purchased under Subsection
(a).
(c) The commission may purchase online library resources
under Subsection (a) only if the vendor providing the resources
certifies that the resources comply with:
(1) the standards adopted by the State Board of
Education under this section; and
(2) 47 U.S.C. Section 254(h)(5).
(d) If the State Board of Education finds that a vendor
subject to Subsection (c) is not substantially complying with the
standards adopted by the board or the requirements of 47 U.S.C.
Section 254(h)(5), the board shall notify the vendor of the
vendor's noncompliance. If the vendor fails to substantially
comply with the standards and federal law on or before the 90th day
after the date the vendor receives the notice, the board shall
notify the commission and the commission may withhold further
payments to the vendor pending verification of compliance with the
standards and federal law.
(e) If a vendor described by Subsection (d) fails to verify
that the vendor is in compliance with the standards and federal law
on or before the 180th day after the date the vendor receives the
notice of noncompliance described by that subsection, the
commission may consider the vendor's act of noncompliance a breach
of contract.
(f) Not later than December 1 of each year, the commission
shall submit to the Legislative Budget Board and the office of the
governor a report on any issues related to vendor compliance with:
(1) standards adopted by the State Board of Education
under this section; and
(2) technology protection measures required by 47
U.S.C. Section 254(h)(5).
(g) The State Board of Education by rule shall establish a
system to promptly and efficiently address complaints filed with
the board regarding:
(1) online library resources purchased by the
commission under Subsection (a); and
(2) vendors providing online library resources
described by Subdivision (1).
SECTION 2. 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, 2025.