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  81R14480 T
 
  By: Coleman H.B. No. 2959
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to adoption and ownership of mathematics and science
  textbooks for public school students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 31.022, Education Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  This section does not apply to a textbook whose contents
  are submitted under Section 31.036.
         SECTION 2.  Section 31.0221, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  This section does not apply to a textbook whose contents
  are submitted under Section 31.036.
         SECTION 3.  Subchapter B, Chapter 31, Education Code, is
  amended by adding Section 31.0251 to read as follows:
         Sec. 31.0251.  LIMITATIONS ON ROYALTIES.  The State Board of
  Education shall set limits on royalties that may be paid from the
  state textbook fund for a textbook whose contents are submitted
  under Section 31.036.  Royalty limits may depend on subject, grade
  level, and number of copies printed and distributed to students who
  reside in this state.
         SECTION 4.  Section 31.026, Education Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  For each textbook whose contents are submitted under
  Section 31.036, the State Board of Education shall execute a
  contract that would forever permit this state to print and
  distribute as many copies as are needed for students who reside in
  this state.
         SECTION 5.  Section 31.027, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  This section does not apply to a textbook whose contents
  are submitted under Section 31.036.
         SECTION 6.  Subchapter B, Chapter 31, Education Code, is
  amended by adding Section 31.0271 to read as follows:
         Sec. 31.0271.  INFORMATION ON LOW COST MATHEMATICS AND
  SCIENCE TEXTBOOKS. (a)  For a textbook whose contents are submitted
  under Section 31.036, the public shall be allowed to view, free of
  charge:
               (1)  the table of contents and contact information of
  content providers on the Texas Education Agency's website; and
               (2)  the entire contents at regional education service
  centers and at other locations as provided for by the State Board of
  Education.
         (b)  On request of a school district, the State Board of
  Education shall provide a copy of the contents of a textbook adopted
  under Section 31.037(b).
         SECTION 7.  Subchapter B, Chapter 31, Education Code, is
  amended by adding Section 31.036 to read as follows:
         Sec. 31.036.  SUBMISSION OF CONTENTS FOR LOW COST
  MATHEMATICS AND SCIENCE TEXTBOOKS.  Submission of contents for a
  low cost mathematics or science textbook shall consist of:
               (1)  delivery of the contents to the commissioner in a
  form that meets physical and format standards set by the State Board
  of Education;
               (2)  optional delivery to the commissioner of
  translations of the contents into other languages or other formats
  [for example, Spanish, Braille];
               (3)  execution by the copyright owners of a contract
  that would:
                     (A)  permit this state to arrange for translation
  of the contents into languages and formats not delivered; and
                     (B)  permit this state to forever print and
  distribute as many copies of the contents as are needed for students
  who reside in this state; and
               (4)  payment of a submission fee.
         SECTION 8.  Subchapter B, Chapter 31, Education Code, is
  amended by adding Section 31.037 to read as follows:
         Sec. 31.037.  REVIEW AND ADOPTION OF LOW COST TEXTBOOKS BY
  STATE BOARD OF EDUCATION.  (a)  The State Board of Education shall
  adopt rules for the review and adoption of textbooks whose contents
  are submitted under Section 31.036.  The board may select textbooks
  for review according to rules that involve requests by school
  districts and open-enrollment charter schools submitted under
  Section 31.1001.
         (b)  For a textbook reviewed by the board under Subsection
  (a), by majority vote, the board shall:
               (1)  place the textbook on a conforming or
  nonconforming list; or
               (2)  reject the textbook for placement on a conforming
  or nonconforming list.
         (c)  A textbook placed on a conforming or nonconforming list
  under subsection (b) shall remain on the list until removed from the
  list by majority vote of the board.
         (d)  Within one month of placement of a textbook on, or
  removal of a textbook from, a conforming or nonconforming list, the
  board shall provide an updated list of adopted textbooks to each
  school district.  Each nonconforming list must include the reasons
  an adopted textbook is not eligible for the conforming list.
         SECTION 9.  Subchapter B, Chapter 31, Education Code, is
  amended by adding Section 31.038 to read as follows:
         Sec. 31.038.  COMPETITIVE BID TO PRINT, BIND, AND DELIVER
  LOW COST TEXTBOOKS. (a)  The State Board of Education shall adopt
  rules under which textbooks adopted under Section 31.037(b)(1) are
  printed, bound, and delivered to depositories in this state at
  costs determined by competitive bid within cost limits set by the
  board.
         (b)  A textbook printed and bound under Subsection (a) is not
  required to meet generally applicable physical requirements
  adopted under Section 31.023(a) but must meet any physical
  requirements adopted by the board.
         (c)  Bidders must agree to meet physical standards and
  delivery dates set by the board.
         (d)  The board may provide for the disregard of a bid by a
  bidder who:
               (1)  fails to show sufficient evidence of ability to
  deliver on the bid; or
               (2)  failed to deliver on a previously accepted bid.
         SECTION 10.  Subchapter B, Chapter 31, Education Code, is
  amended by adding Section 31.039 to read as follows:
         Sec. 31.039.  ERRATA LISTS TO CORRECT FACTUAL ERRORS.  (a)  
  For a textbook on a conforming or nonconforming list, an errata list
  shall be made available on the Texas Education Agency's website and
  updated periodically as factual errors are found.
         (b)  A textbook shall not be excluded from a conforming or
  nonconforming list due to a factual error that is corrected on an
  errata list to be inserted into each copy of the textbook to be
  distributed by school districts and open-enrollment charter
  schools.
         SECTION 11.  Subchapter C, Chapter 31, Education Code, is
  amended by adding Section 31.1001 to read as follows:
         Sec. 31.1001.  REQUEST FOR THE STATE BOARD OF EDUCATION TO
  REVIEW A LOW COST MATHEMATICS OR SCIENCE TEXTBOOK.  (a)  For a
  textbook whose contents are submitted under Section 31.036, a
  school district or open-enrollment charter school may request for
  the State Board of Education to review the book for possible
  placement on a conforming or nonconforming list.  The request
  shall:
               (1)  state the subject and grade level for which the
  book is intended to be used;
               (2)  state the number of students in the district or
  school who attend classes that use the book;
               (3)  state the estimated number of copies that the
  district or school would requisition per year if the book were to be
  placed on a conforming or nonconforming list;
               (4)  describe the extent of the district's or school's
  review of the book and list those district or school employees
  responsible for the review;
               (5)  list any factual errors that may have been found.
         (b)  A request shall remain valid until retracted by the
  district or school or until the district or school submits a
  subsequent request for the State Board of Education to review
  another textbook for the same subject and grade level.
         SECTION 12.  Section 31.102(a), Education Code, is amended
  to read as follows:
         (a)  Each textbook purchased as provided by this chapter is
  the property of this state , except that a textbook adopted under
  Section 31.037(b) may become the property of the student as
  provided by Section 31.104(f).
         SECTION 13.  Section 31.104, Education Code, is amended by
  amending Subsections (c) and (d) and adding Subsection (f) to read
  as follows:
         (c)  Each textbook must state that the textbook is the
  property of or is licensed to this state, as appropriate.  Each
  textbook, other than a textbook whose contents are submitted under
  Section 31.036 or an electronic textbook, must be covered by the
  student under the direction of the teacher.  Except as provided by
  Subsection (f), a [A] student must return all textbooks to the
  teacher at the end of the school year or when the student withdraws
  from school.
         (d)  Each student, or the student's parent or guardian, is
  responsible for each textbook not returned by the student.  Except
  as provided by Subsection (f), a [A] student who fails to return all
  textbooks forfeits the right to free textbooks until each textbook
  previously issued but not returned is paid for by the student,
  parent, or guardian.  As provided by policy of the board of trustees
  or governing body, a school district or open-enrollment charter
  school may waive or reduce the payment requirement if the student is
  from a low-income family.  The district or school shall allow the
  student to use textbooks at school during each school day.  Except
  as provided by Subsection (f), if [If] a textbook is not returned or
  paid for, the district or school may withhold the student's
  records.  A district or school may not, under this subsection,
  prevent a student from graduating, participating in a graduation
  ceremony, or receiving a diploma.
         (f)  At the end of the school year for which a textbook
  adopted under Section 31.037(b) is distributed, the textbook
  becomes the property of the student to whom it is distributed.  A
  school district or open-enrollment charter school may not charge a
  fee under this subsection.
         SECTION 14.  Section 31.105, Education Code, is amended to
  read as follows:
         Sec. 31.105.  SALE OF TEXTBOOKS.  The board of trustees of a
  school district or governing body of an open-enrollment charter
  school may sell textbooks, other than textbooks whose contents are
  submitted under Section 31.036 and electronic textbooks, to a
  student or another school at the state contract price.  The district
  shall send money from the sale of textbooks to the commissioner as
  required by the commissioner.  The commissioner shall deposit the
  money in the state textbook fund.
         SECTION 15.  This Act takes effect September 1, 2009.