H.B. No. 188
 
 
 
 
AN ACT
  relating to the adoption of textbooks and the use of credits for
  textbooks or other instructional materials in a school district or
  open-enrollment charter school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  It is the intent of the legislature that Section
  31.1011, Education Code, as enacted by this Act, is reflective of
  Section 31.1011, Education Code, as enacted by Section 3, Chapter
  805, Acts of the 77th Legislature, Regular Session, 2001.
         SECTION 2.  Section 31.022, Education Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The 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 board makes the request for
  production.
         SECTION 3.  Subchapter B, Chapter 31, Education Code, is
  amended by adding Sections 31.0221 and 31.0222 to read as follows:
         Sec. 31.0221.  MIDCYCLE REVIEW AND ADOPTION OF TEXTBOOKS.
  (a)  The 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 board under Section 31.022.  
  The rules must require:
               (1)  the publisher of the textbook to pay a fee to the
  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 board concerning the textbook for a term that ends
  at the same time as any contract entered into by the 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.
         (b)  Sections 31.023 and 31.024 apply to a textbook adopted
  under this section. Section 31.027 does not apply to a textbook
  adopted under this section.
         Sec. 31.0222.  BUDGET-BALANCED CYCLE. In determining the
  review and adoption cycle of textbooks under Section 31.022, the
  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 4.  Section 31.023(a), Education Code, is amended to
  read as follows:
         (a)  For each subject and grade level, the 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 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 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 5.  Subchapter B, Chapter 31, Education Code, is
  amended by adding Section 31.035 to read as follows:
         Sec. 31.035.  SUPPLEMENTAL TEXTBOOKS. (a) Notwithstanding
  any other provision of this subchapter, the State Board of
  Education may adopt supplemental textbooks that are not on the
  conforming or nonconforming list under Section 31.023. The State
  Board of Education may adopt a supplemental textbook under this
  section only if the textbook:
               (1)  contains 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 State Board of Education; and
               (4)  is free from factual errors.
         (b)  The 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 board under
  this section.
         (c)  A supplemental textbook is subject to the review and
  adoption cycle provisions, including the midcycle review and
  adoption cycle provisions, of this subchapter.
         (d)  A school district or open-enrollment charter school may
  requisition a supplemental textbook adopted under this section only
  if the district or school:
               (1)  uses textbook credits received under Section
  31.1011 to purchase the supplemental textbook; or
               (2)  instead of requisitioning a textbook on the
  conforming list under Section 31.023 for a course in the foundation
  curriculum under Section 28.002, requisitions the supplemental
  textbook along with other supplemental textbooks or textbooks on
  the nonconforming list under Section 31.023 that in combination
  cover each element of the essential knowledge and skills for the
  course for which the district or school is requisitioning the
  supplemental textbooks.
         (e)  If the total cost for the supplemental textbooks
  requisitioned by a school district or open-enrollment charter
  school under Subsection (d)(2) for a course is less than the limit
  on the cost under Section 31.025(a) for a single textbook on the
  conforming list for the course, the district or school is entitled
  to receive credit under Section 31.1011 in the same manner as if the
  single textbook were selected. If the total cost for the
  supplemental textbooks requisitioned by a school district or
  open-enrollment charter school under Subsection (d)(2) for a course
  is greater than the limit on the cost under Section 31.025(a) for a
  single textbook on the conforming list for the course, the district
  or school may apply credits received under Section 31.1011 toward
  the difference for the supplemental textbooks.
         (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.
         (g)  Sections 31.101(b) and (c) do not apply to supplemental
  textbooks requisitioned under this section.
         SECTION 6.  Subchapter C, Chapter 31, Education Code, is
  amended by adding Section 31.1011 to read as follows:
         Sec. 31.1011.  TEXTBOOK CREDITS. (a) A school district or
  open-enrollment charter school is entitled to receive credit for
  textbooks purchased at a cost below the cost limit established
  under Section 31.025(a).
         (b)  The credit is an amount equal to the difference between
  the price paid for a textbook and the cost limit established under
  Section 31.025(a) for that textbook multiplied by the number of
  copies of that textbook the school district or open-enrollment
  charter school purchases.
         (c)  Fifty percent of the total textbook credit of a school
  district or open-enrollment charter school shall be credited to the
  state textbook fund, and 50 percent of the credit shall be credited
  to the district or school to apply toward the requisition of:
               (1)  additional textbooks or electronic textbooks that
  are on the conforming or nonconforming list under Section 31.023 or
  the components of such textbooks, including any electronic
  components; or
               (2)  supplemental textbooks as provided by Section
  31.035.
         (d)  The legislature may appropriate funds for the purpose of
  increasing the number of textbook credits available for
  distribution to school districts and open-enrollment charter
  schools under this section. The appropriation may be designated
  for a particular subject, for the individual elements of a
  particular subject, or for textbooks for students who need extra
  assistance. The appropriation must be provided in an equitable
  manner.
         SECTION 7.  Section 13.04, Chapter 5, Acts of the 79th
  Legislature, 3rd Called Session, 2006, is repealed.
         SECTION 8.  Section 31.023, Education Code, as amended by
  this Act, applies only to a textbook for which the State Board of
  Education issues a proclamation under Subchapter B, Chapter 31,
  Education Code, on or after the effective date of this Act. A
  textbook for which the State Board of Education issues a
  proclamation before the effective date of this Act is governed by
  the law in effect when the proclamation was issued, and the former
  law is continued in effect for that purpose.
         SECTION 9.  Section 31.1011, Education Code, as added by
  this Act, applies beginning with the 2007-2008 school year.
         SECTION 10.  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, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 188 was passed by the House on March
  22, 2007, by the following vote:  Yeas 145, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 188 on May 21, 2007, by the following vote:  Yeas 137, Nays 0, 1
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 188 was passed by the Senate, with
  amendments, on May 17, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor