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AN ACT
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relating to open-source textbooks and other instructional |
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materials for public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.002, Education Code, is amended by |
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amending Subdivision (1) and adding Subdivision (1-a) to read as |
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follows: |
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(1) "Electronic textbook" means computer software, |
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interactive videodisc, magnetic media, CD-ROM, computer |
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courseware, on-line services, an electronic medium, or other means |
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of conveying information to the student or otherwise contributing |
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to the learning process through electronic means, including an |
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open-source textbook. |
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(1-a) "Open-source textbook" means an electronic |
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textbook that is available for downloading from the Internet at no |
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charge to a student and without requiring the purchase of an unlock |
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code, membership, or other access or use charge, except for a charge |
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to order an optional printed copy of all or part of the textbook. |
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The term includes a state-developed open-source textbook purchased |
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under Subchapter B-1. |
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SECTION 2. Subchapter A, Chapter 31, Education Code, is |
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amended by adding Section 31.004 to read as follows: |
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Sec. 31.004. CERTIFICATION OF PROVISION OF TEXTBOOKS, |
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ELECTRONIC TEXTBOOKS, AND INSTRUCTIONAL MATERIALS. Each school |
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district and open-enrollment charter school shall annually certify |
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to the State Board of Education and the commissioner that, for each |
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subject in the required curriculum and each grade level, the |
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district provides each student with textbooks, electronic |
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textbooks, or instructional materials that cover all elements of |
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the essential knowledge and skills adopted by the State Board of |
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Education for that subject and grade level. |
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SECTION 3. Subchapter B, Chapter 31, Education Code, is |
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amended by adding Section 31.0241 to read as follows: |
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Sec. 31.0241. ADOPTION OF OPEN-SOURCE TEXTBOOKS. (a) In |
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this section, "eligible institution" means: |
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(1) a public institution of higher education that is |
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designated as a research university or emerging research university |
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under the higher education coordinating board's accountability |
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system, or a private university located in this state that is a |
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member of the Association of American Universities; or |
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(2) a public technical institute, as defined by |
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Section 61.003. |
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(b) The State Board of Education shall place an open-source |
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textbook for a secondary-level course submitted for adoption by an |
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eligible institution on a conforming or nonconforming list if: |
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(1) the textbook is written, compiled, or edited |
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primarily by faculty of the eligible institution who specialize in |
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the subject area of the textbook; |
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(2) the eligible institution identifies each |
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contributing author; |
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(3) the appropriate department of the eligible |
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institution certifies the textbook for accuracy; and |
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(4) the eligible institution determines that the |
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textbook qualifies for placement on the conforming or nonconforming |
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list based on the extent to which the textbook covers the essential |
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knowledge and skills identified under Section 28.002 for the |
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subject for which the textbook is written and certifies that: |
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(A) for a textbook for a senior-level course, a |
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student who successfully completes a course based on the textbook |
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will be prepared, without remediation, for entry into the eligible |
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institution's freshman-level course in that subject; or |
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(B) for a textbook for a junior-level and |
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senior-level course, a student who successfully completes the |
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junior-level course based on the textbook will be prepared for |
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entry into the senior-level course. |
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(c) This section does not prohibit an eligible institution |
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from submitting a textbook for placement on a conforming or |
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nonconforming list through any other adoption process provided by |
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this chapter. |
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SECTION 4. Section 31.026, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) This section does not apply to an open-source textbook. |
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SECTION 5. Subchapter B, Chapter 31, Education Code, is |
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amended by adding Section 31.0261 to read as follows: |
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Sec. 31.0261. CONTRACTS FOR PRINTING OF OPEN-SOURCE |
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TEXTBOOKS. The State Board of Education may execute a contract for |
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the printing of an open-source textbook listed on the conforming or |
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nonconforming list. The contract must allow a school district to |
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requisition printed copies of an open-source textbook as provided |
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by Section 31.103. |
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SECTION 6. Section 31.027, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) This section does not apply to an open-source textbook. |
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SECTION 7. Chapter 31, Education Code, is amended by adding |
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Subchapter B-1 to read as follows: |
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SUBCHAPTER B-1. STATE-DEVELOPED OPEN-SOURCE TEXTBOOKS |
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Sec. 31.071. PURCHASE AUTHORITY. (a) The commissioner may |
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purchase state-developed open-source textbooks in accordance with |
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this subchapter. |
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(b) The commissioner: |
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(1) shall purchase any state-developed open-source |
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textbooks through a competitive process; and |
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(2) may purchase more than one state-developed |
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open-source textbook for a subject or grade level. |
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(c) A state-developed open-source textbook must be |
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irrevocably owned by or licensed to the state for use in the |
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applicable subject or grade level. The state must have unlimited |
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authority to modify, delete, combine, or add content to the |
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textbook after purchase. |
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(d) The commissioner may issue a request for proposals for a |
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state-developed open-source textbook: |
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(1) in accordance with the textbook review and |
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adoption cycle under Section 31.022; or |
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(2) at any other time the commissioner determines that |
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a need exists for additional textbook options. |
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(e) The costs of administering this subchapter and |
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purchasing state-developed open-source textbooks shall be paid |
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from the state textbook fund, as determined by the commissioner. |
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Sec. 31.072. CONTENT REQUIREMENTS. (a) A state-developed |
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open-source textbook must: |
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(1) be evaluated by teachers or other experts, as |
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determined by the commissioner, before purchase; and |
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(2) meet the requirements for inclusion on a |
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conforming or nonconforming textbook list under Section 31.023. |
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(b) Following a curriculum revision by the State Board of |
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Education, the commissioner shall require the revision of a |
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state-developed open-source textbook relating to that curriculum. |
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The commissioner may, at any time, require an additional revision |
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of a state-developed open-source textbook or contract for ongoing |
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revisions of a textbook for a period not to exceed the period under |
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Section 31.022 for which a textbook for that subject and grade level |
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may be adopted. The commissioner shall use a competitive process to |
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request proposals to revise a state-developed open-source textbook |
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under this subsection. |
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(c) The commissioner shall provide for special and |
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bilingual state-developed open-source textbooks in the same manner |
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provided under Sections 31.028 and 31.029. |
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Sec. 31.073. COST. (a) For purposes of this section, the |
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commissioner shall determine the cost to a school district or |
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open-enrollment charter school for a state-developed open-source |
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textbook in an amount sufficient to cover state expenses associated |
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with the textbook, including expenses incurred by the state in |
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soliciting, evaluating, revising, and purchasing the textbook. |
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(b) If a school district or open-enrollment charter school |
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selects a state-developed open-source textbook instead of another |
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textbook adopted under Subchapter B, the difference between the |
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cost determined by the commissioner under Subsection (a) and the |
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maximum price for a textbook in the same subject area, as determined |
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by the State Board of Education under Section 31.025, shall be |
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allocated as follows: |
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(1) 50 percent of the amount shall be credited to the |
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state textbook fund under Section 31.021 to be used for purposes of |
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this subchapter; and |
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(2) 50 percent of the amount shall be credited to the |
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school district or open-enrollment charter school for use as |
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provided by Section 31.1011(c). |
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(c) Notwithstanding Section 31.022, a school district or |
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open-enrollment charter school may adopt a state-developed |
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open-source textbook at any time, regardless of the textbook review |
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and adoption cycle under that section. |
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(d) A school district or open-enrollment charter school may |
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not be charged for selection of a state-developed open-source |
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textbook in addition to a textbook adopted under Subchapter B. |
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Sec. 31.074. DISTRIBUTION. (a) The commissioner shall |
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provide for the distribution of state-developed open-source |
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textbooks in a manner consistent with distribution of textbooks |
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adopted under Subchapter B. |
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(b) The commissioner may use a competitive process to |
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contract for printing or other reproduction of a state-developed |
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open-source textbook on behalf of a school district or |
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open-enrollment charter school. The commissioner may not require a |
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school district or open-enrollment charter school to contract with |
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a state-approved provider for the printing or reproduction of a |
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state-developed open-source textbook. |
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Sec. 31.075. OWNERSHIP; LICENSING. (a) A state-developed |
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open-source textbook is the property of the state. |
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(b) The commissioner shall provide a license to each public |
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school in the state, including a school district, an |
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open-enrollment charter school, and a state or local agency |
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educating students in any grade from prekindergarten through high |
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school, to use and reproduce a state-developed open-source |
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textbook. |
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(c) The commissioner may provide a license to use a |
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state-developed open-source textbook to an entity not listed in |
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Subsection (b). In determining the cost of a license under this |
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subsection, the commissioner shall seek, to the extent feasible, to |
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recover the costs of developing, revising, and distributing |
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state-developed open-source textbooks. |
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Sec. 31.076. RULES; FINALITY OF DECISIONS. (a) The |
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commissioner may adopt rules necessary to implement this |
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subchapter. |
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(b) A decision by the commissioner regarding the purchase, |
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revision, cost, or distribution of a state-developed open-source |
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textbook is final and may not be appealed. |
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Sec. 31.077. ADOPTION SCHEDULE. The commissioner shall |
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develop a schedule for the adoption of state-developed open-source |
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textbooks under this subchapter. In developing the adoption |
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schedule under this section, the commissioner shall consider: |
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(1) the availability of funds; |
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(2) the existing textbook adoption cycles under |
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Subchapter B; and |
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(3) the availability of textbooks for development or |
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purchase by the state. |
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SECTION 8. Section 31.103, Education Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) A school district or open-enrollment charter school |
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that selects an open-source textbook shall requisition a sufficient |
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number of printed copies for use by students unable to access the |
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textbook electronically unless the district or school provides to |
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each student: |
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(1) electronic access to the textbook at no cost to the |
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student; or |
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(2) printed copies of the portion of the textbook that |
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will be used in the course. |
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(e) The commissioner may establish a list of equipment or |
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devices that a school district or open-enrollment charter school |
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may purchase using textbook credits or textbook credits in |
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combination with other available funds to provide electronic access |
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to open-source textbooks under Subsection (d)(1). |
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SECTION 9. Section 31.104, Education Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (g) and (h) |
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to read as follows: |
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(b) A school district or open-enrollment charter school may |
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order replacements for textbooks that have been lost or damaged |
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directly from: |
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(1) the textbook depository; [or] |
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(2) the textbook publisher or manufacturer if the |
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textbook publisher or manufacturer does not have a designated |
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textbook depository in this state under Section 31.151(a)(6)(B); or |
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(3) any source for a printed copy of an open-source |
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textbook. |
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(c) Each textbook must state that the textbook is the |
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property of or is licensed to this state, as appropriate. Each |
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textbook, other than an electronic textbook or a printed copy of an |
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open-source textbook, must be covered by the student under the |
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direction of the teacher. Except as provided by Subsection (g), a |
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[A] student must return all textbooks to the teacher at the end of |
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the school year or when the student withdraws from school. |
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(g) At the end of the school year for which an open-source |
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textbook that a school district or open-enrollment charter school |
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does not intend to use for another student is distributed, the |
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printed copy of the open-source textbook becomes the property of |
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the student to whom it is distributed. |
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(h) This section does not apply to an electronic copy of an |
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open-source textbook. |
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SECTION 10. Section 31.151(a), Education Code, is amended |
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to read as follows: |
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(a) A publisher or manufacturer of textbooks: |
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(1) shall furnish any textbook the publisher or |
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manufacturer offers in this state, at a price that does not exceed |
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the lowest price at which the publisher offers that textbook for |
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adoption or sale to any state, public school, or school district in |
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the United States; |
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(2) shall automatically reduce the price of a textbook |
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sold for use in a school district or open-enrollment charter school |
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to the extent that the price is reduced elsewhere in the United |
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States; |
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(3) shall provide any textbook or ancillary item free |
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of charge in this state to the same extent that the publisher or |
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manufacturer provides the textbook or ancillary item free of charge |
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to any state, public school, or school district in the United |
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States; |
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(4) shall guarantee that each copy of a textbook sold |
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in this state is at least equal in quality to copies of that |
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textbook sold elsewhere in the United States and is free from |
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factual error; |
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(5) may not become associated or connected with, |
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directly or indirectly, any combination in restraint of trade in |
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textbooks or enter into any understanding or combination to control |
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prices or restrict competition in the sale of textbooks for use in |
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this state; |
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(6) shall: |
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(A) maintain a depository in this state or |
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arrange with a depository in this state to receive and fill orders |
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for textbooks, other than open-source textbooks, on-line |
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textbooks, or on-line textbook components, consistent with State |
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Board of Education rules; or |
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(B) deliver textbooks to a school district or |
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open-enrollment charter school without a delivery charge to the |
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school district, open-enrollment charter school, or state, if: |
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(i) the publisher or manufacturer does not |
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maintain or arrange with a depository in this state under Paragraph |
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(A) and the publisher's or manufacturer's textbooks and related |
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products are warehoused or otherwise stored less than 300 miles |
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from a border of this state; or |
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(ii) the textbooks are open-source |
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textbooks, on-line textbooks, or on-line textbook components; |
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(7) shall, at the time an order for textbooks is |
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acknowledged, provide to school districts or open-enrollment |
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charter schools an accurate shipping date for textbooks that are |
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back-ordered; |
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(8) shall guarantee delivery of textbooks at least 10 |
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business days before the opening day of school of the year for which |
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the textbooks are ordered if the textbooks are ordered by a date |
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specified in the sales contract; and |
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(9) shall submit to the State Board of Education an |
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affidavit certifying any textbook the publisher or manufacturer |
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offers in this state to be free of factual errors at the time the |
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publisher executes the contract required by Section 31.026. |
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SECTION 11. To the extent of any conflict, Section 31.004, |
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Education Code, as added by this Act, prevails over Section 31.004, |
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Education Code, as added by H.B. No. 4294, Acts of the 81st |
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Legislature, Regular Session, 2009, regardless of the relative |
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dates of enactment. |
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SECTION 12. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2488 was passed by the House on April |
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30, 2009, by the following vote: Yeas 132, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2488 on May 29, 2009, by the following vote: Yeas 139, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2488 was passed by the Senate, with |
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amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |