H.B. No. 4294
 
 
 
 
AN ACT
  relating to textbooks, electronic textbooks, instructional
  material, and technological equipment in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 31, Education Code, is
  amended by adding Section 31.004 to read as follows:
         Sec. 31.004.  CERTIFICATION OF PROVISION OF TEXTBOOKS,
  ELECTRONIC TEXTBOOKS, AND INSTRUCTIONAL MATERIALS. Each school
  district and open-enrollment charter school shall annually certify
  to the State Board of Education and the commissioner that, for each
  subject in the foundation curriculum and each grade level, the
  district provides each student with textbooks, electronic
  textbooks, or instructional materials that cover all elements of
  the essential knowledge and skills adopted by the State Board of
  Education for that subject and grade level.
         SECTION 2.  Section 31.021, Education Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  The state textbook fund may be used to purchase
  technological equipment necessary to support the use of electronic
  textbooks or instructional material included on the list adopted
  under Section 31.0231 or any textbook or material approved by the
  State Board of Education.
         SECTION 3.  Section 31.022, Education Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  The board shall amend any request for production issued
  for the purchase of textbooks to conform to the textbook funding
  levels provided by the General Appropriations Act for the year of
  implementation.
         SECTION 4.  Subchapter B, Chapter 31, Education Code, is
  amended by adding Section 31.0231 to read as follows:
         Sec. 31.0231.  ELECTRONIC TEXTBOOK AND INSTRUCTIONAL
  MATERIAL LIST. (a)  The commissioner shall adopt a list of:
               (1)  electronic textbooks; and
               (2)  instructional material that conveys information
  to the student or otherwise contributes to the learning process,
  including tools, models, and investigative materials designed for
  use as part of the foundation curriculum for science in
  kindergarten through grade five.
         (b)  A school district may select an electronic textbook or
  instructional material on the list adopted under Subsection (a) to
  be funded by the state textbook fund under Section 31.021.
         (c)  Before the commissioner places an electronic textbook
  or instructional material on the list adopted under Subsection (a),
  the State Board of Education must be given an opportunity to comment
  on the electronic textbook or instructional material.  An
  electronic textbook or instructional material placed on the list
  adopted under Subsection (a):
               (1)  must be reviewed and recommended to the
  commissioner by a panel of recognized experts in the subject area of
  the electronic textbook or instructional material and experts in
  education technology;
               (2)  must satisfy criteria adopted for the purpose by
  commissioner rule; and
               (3)  must meet the National Instructional Materials
  Accessibility Standard, to the extent practicable as determined by
  the commissioner.
         (d)  The criteria adopted under Subsection (c)(2) must:
               (1)  include evidence of alignment with current
  research in the subject for which the electronic textbook or
  instructional material is intended to be used;
               (2)  include coverage of the essential knowledge and
  skills identified under Section 28.002 for the subject for which
  the electronic textbook or instructional material is intended to be
  used and identify:
                     (A)  each of the essential knowledge and skills
  for the subject and grade level or levels covered by the electronic
  textbook or instructional material; and
                     (B)  the percentage of the essential knowledge and
  skills for the subject and grade level or levels covered by the
  electronic textbook or instructional material; and
               (3)  include appropriate training for teachers.
         (e)  The commissioner shall update, as necessary, the list
  adopted under Subsection (a).  Before the commissioner places an
  electronic textbook or instructional material on the updated list,
  the requirements of Subsection (c) must be met.  Before the
  commissioner removes an electronic textbook or instructional
  material from the updated list, the removal must be recommended by a
  panel of recognized experts in the subject area of the electronic
  textbook or instructional material and experts in education
  technology.
         (f)  After notice to the commissioner explaining in detail
  the changes, the provider of an electronic textbook or
  instructional material on the list adopted under Subsection (a) may
  update the navigational features or management system related to
  the electronic textbook or instructional material.
         (g)  After notice to the commissioner and a review by the
  commissioner, the provider of an electronic textbook or
  instructional material on the list adopted under Subsection (a) may
  update the content of the electronic textbook or instructional
  material if needed to accurately reflect current knowledge or
  information.
         (h)  The commissioner shall adopt rules as necessary to
  implement this section.  The rules must:
               (1)  be consistent with Section 31.151 regarding the
  duties of publishers and manufacturers, as appropriate, and the
  imposition of a reasonable administrative penalty; and
               (2)  require public notice of an opportunity for the
  submission of an electronic textbook or instructional material.
         SECTION 5.  Section 31.101, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsections (b-1),
  (c-1), and (e) to read as follows:
         (a)  Each year, during a period established by the State
  Board of Education, the board of trustees of each school district
  and the governing body of each open-enrollment charter school
  shall:
               (1)  for a subject in the foundation curriculum, notify
  the State Board of Education of the textbooks selected by the board
  of trustees or governing body for the following school year from
  among the textbooks on the appropriate conforming or nonconforming
  list, including the list adopted under Section 31.0231; or
               (2)  for a subject in the enrichment curriculum:
                     (A)  notify the State Board of Education of each
  textbook selected by the board of trustees or governing body for the
  following school year from among the textbooks on the appropriate
  conforming or nonconforming list, including the list adopted under
  Section 31.0231; or
                     (B)  notify the State Board of Education that the
  board of trustees or governing body has selected a textbook that is
  not on the conforming or nonconforming list.
         (b-1)  If a school district or open-enrollment charter
  school selects for a particular subject or grade level an
  electronic textbook or instructional material on the list adopted
  under Section 31.0231, the state shall pay the district or school an
  amount equal to the cost of the electronic textbook or
  instructional material plus textbook credits under Section 31.1011
  equal to 50 percent of the difference between that cost and the
  limitation established under Section 31.025 for a textbook for that
  subject and grade level, multiplied by the number of electronic
  textbooks or instructional materials the district or school needs
  for that subject and grade level.
         (c)  A school district or open-enrollment charter school
  that selects a textbook that is not on the conforming or
  nonconforming list or that selects an electronic textbook or
  instructional material that is on the list adopted under Section
  31.0231:
               (1)  is responsible for the portion of the cost of the
  textbook that is not paid by the state under Subsection (b); and
               (2)  may use funds received from the state under
  Subsection (b) or (b-1), as applicable, [only] for purchasing the
  textbook, electronic textbook, or instructional material for which
  the funds were received or supplementing the allotment under
  Section 32.005 to purchase technological equipment according to
  rules adopted by the commissioner.
         (c-1)  Notwithstanding any other provision of this chapter,
  a school district or open-enrollment charter school must purchase a
  classroom set of textbooks adopted by the State Board of Education
  under Section 31.023 or 31.035 for each subject and grade level in
  the foundation and enrichment curriculum.
         (e)  A school district or open-enrollment charter school
  that selects a subscription-based electronic textbook or
  instructional material on the conforming list under Section 31.023
  or the list adopted under Section 31.0231 may cancel the
  subscription and subscribe to a new electronic textbook or
  instructional material on the conforming list under Section 31.023
  or the list adopted under Section 31.0231 before the end of the
  state contract period under Section 31.026 if:
               (1)  the district or school has used the electronic
  textbook or instructional material for at least one school year;
  and
               (2)  the agency approves the change based on a written
  request to the agency by the district or school that specifies the
  reasons for changing the electronic textbook or instructional
  material used by the district or school.
         SECTION 6.  Section 31.1011(c), Education Code, is amended
  to read as follows:
         (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;
               (3)  electronic textbooks or instructional materials
  on the list adopted under Section 31.0231; or
               (4)  technological equipment under Section 31.021(f).
         SECTION 7.  The heading to Section 31.152, Education Code,
  is amended to read as follows:
         Sec. 31.152.  ACCEPTING REBATE ON TEXTBOOKS, ELECTRONIC
  TEXTBOOKS, INSTRUCTIONAL MATERIALS, OR TECHNOLOGICAL EQUIPMENT.
         SECTION 8.  Sections 31.152(a) and (b), Education Code, are
  amended to read as follows:
         (a)  A school trustee, administrator, or teacher commits an
  offense if that person receives any commission or rebate on any
  textbooks, electronic textbooks, instructional materials, or
  technological equipment used in the schools with which the person
  is associated as a trustee, administrator, or teacher.
         (b)  A school trustee, administrator, or teacher commits an
  offense if the person accepts a gift, favor, or service that:
               (1)  is given to the person or the person's school;
               (2)  might reasonably tend to influence a trustee,
  administrator, or teacher in the selection of a textbook,
  electronic textbook, instructional material, or technological
  equipment; and
               (3)  could not be lawfully purchased with funds from
  the state textbook fund.
         SECTION 9.  Chapter 32, Education Code, is amended by adding
  Subchapter H to read as follows:
  SUBCHAPTER H.  COMPUTER LENDING PILOT PROGRAM
         Sec. 32.351.  ESTABLISHMENT OF PILOT PROGRAM.  The
  commissioner by rule shall establish a computer lending pilot
  program to provide computers to participating public schools that
  make computers available for use by students and their parents.
         Sec. 32.352.  PILOT PROGRAM ADMINISTRATION.  The
  commissioner shall establish procedures for the administration of
  the pilot program, including procedures for distributing to
  participating public schools:
               (1)  any surplus or salvage data processing equipment
  available for distribution under the pilot program; or
               (2)  computers donated or purchased for that purpose
  with funds from any available source, including a foundation,
  private entity, governmental entity, and institution of higher
  education.
         Sec. 32.353.  ELIGIBLE SCHOOLS.  A public school is eligible
  to participate in the pilot program if:
               (1)  50 percent or more of the students enrolled in the
  school are educationally disadvantaged; and
               (2)  the school operates or agrees to operate a
  computer lending program that:
                     (A)  allows students and parents to borrow a
  computer;
                     (B)  includes an option for students and parents
  to work toward owning a computer initially borrowed under the
  school's lending program, subject to any applicable legal
  restrictions regarding disposition of the computer involved;
                     (C)  provides computer training for students and
  parents; and
                     (D)  operates outside regular school hours,
  including operation until at least 7 p.m. on at least three days
  each week.
         Sec. 32.354.  ANNUAL REPORT.  Not later than January 1 of
  each year, the commissioner shall submit a report to the
  legislature regarding the computer lending pilot program
  established under this subchapter.
         Sec. 32.355.  EXPIRATION.  This subchapter expires September
  1, 2014.
         SECTION 10.  Section 2175.128, Government Code, is amended
  by adding Subsections (a-1) and (b-1) to read as follows:
         (a-1)  Notwithstanding Subsection (a), if a disposition of a
  state agency's surplus or salvage data processing equipment is not
  made under Section 2175.125 or 2175.184, the state agency shall
  make the equipment available to the commissioner of education for
  use in the computer lending pilot program established under
  Subchapter H, Chapter 32, Education Code. If the commissioner of
  education declines to take the equipment, the state agency shall
  transfer the equipment in accordance with Subsection (a). The
  state agency may not collect a fee or other reimbursement from the
  commissioner of education for the equipment made available under
  this subsection. This subsection expires September 1, 2014.
         (b-1)  Notwithstanding Subsection (b), if a disposition of
  the surplus or salvage data processing equipment of a state
  eleemosynary institution or an institution or agency of higher
  education is not made under other law, the institution or agency
  shall make the equipment available to the commissioner of education
  for use in the computer lending pilot program established under
  Subchapter H, Chapter 32, Education Code. If the commissioner of
  education declines to take the equipment, the institution or agency
  shall transfer the equipment in accordance with Subsection (b).
  The state eleemosynary institution or institution or agency of
  higher education may not collect a fee or other reimbursement from
  the commissioner of education for the equipment made available
  under this subsection. This subsection expires September 1, 2014.
         SECTION 11.  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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4294 was passed by the House on May 4,
  2009, by the following vote:  Yeas 129, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 4294 on May 29, 2009, by the following vote:  Yeas 118, Nays 24,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4294 was passed by the Senate, with
  amendments, on May 28, 2009, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor