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AN ACT
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relating to textbooks, electronic textbooks, instructional |
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material, and technological equipment in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 foundation 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 2. Section 31.021, Education Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) The state textbook fund may be used to purchase |
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technological equipment necessary to support the use of electronic |
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textbooks or instructional material included on the list adopted |
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under Section 31.0231 or any textbook or material approved by the |
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State Board of Education. |
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SECTION 3. Section 31.022, Education Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) The board shall amend any request for production issued |
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for the purchase of textbooks to conform to the textbook funding |
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levels provided by the General Appropriations Act for the year of |
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implementation. |
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SECTION 4. Subchapter B, Chapter 31, Education Code, is |
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amended by adding Section 31.0231 to read as follows: |
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Sec. 31.0231. ELECTRONIC TEXTBOOK AND INSTRUCTIONAL |
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MATERIAL LIST. (a) The commissioner shall adopt a list of: |
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(1) electronic textbooks; and |
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(2) instructional material that conveys information |
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to the student or otherwise contributes to the learning process, |
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including tools, models, and investigative materials designed for |
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use as part of the foundation curriculum for science in |
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kindergarten through grade five. |
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(b) A school district may select an electronic textbook or |
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instructional material on the list adopted under Subsection (a) to |
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be funded by the state textbook fund under Section 31.021. |
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(c) Before the commissioner places an electronic textbook |
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or instructional material on the list adopted under Subsection (a), |
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the State Board of Education must be given an opportunity to comment |
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on the electronic textbook or instructional material. An |
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electronic textbook or instructional material placed on the list |
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adopted under Subsection (a): |
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(1) must be reviewed and recommended to the |
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commissioner by a panel of recognized experts in the subject area of |
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the electronic textbook or instructional material and experts in |
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education technology; |
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(2) must satisfy criteria adopted for the purpose by |
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commissioner rule; and |
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(3) must meet the National Instructional Materials |
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Accessibility Standard, to the extent practicable as determined by |
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the commissioner. |
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(d) The criteria adopted under Subsection (c)(2) must: |
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(1) include evidence of alignment with current |
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research in the subject for which the electronic textbook or |
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instructional material is intended to be used; |
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(2) include coverage of the essential knowledge and |
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skills identified under Section 28.002 for the subject for which |
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the electronic textbook or instructional material is intended to be |
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used and identify: |
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(A) each of the essential knowledge and skills |
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for the subject and grade level or levels covered by the electronic |
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textbook or instructional material; and |
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(B) the percentage of the essential knowledge and |
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skills for the subject and grade level or levels covered by the |
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electronic textbook or instructional material; and |
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(3) include appropriate training for teachers. |
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(e) The commissioner shall update, as necessary, the list |
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adopted under Subsection (a). Before the commissioner places an |
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electronic textbook or instructional material on the updated list, |
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the requirements of Subsection (c) must be met. Before the |
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commissioner removes an electronic textbook or instructional |
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material from the updated list, the removal must be recommended by a |
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panel of recognized experts in the subject area of the electronic |
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textbook or instructional material and experts in education |
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technology. |
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(f) After notice to the commissioner explaining in detail |
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the changes, the provider of an electronic textbook or |
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instructional material on the list adopted under Subsection (a) may |
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update the navigational features or management system related to |
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the electronic textbook or instructional material. |
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(g) After notice to the commissioner and a review by the |
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commissioner, the provider of an electronic textbook or |
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instructional material on the list adopted under Subsection (a) may |
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update the content of the electronic textbook or instructional |
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material if needed to accurately reflect current knowledge or |
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information. |
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(h) The commissioner shall adopt rules as necessary to |
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implement this section. The rules must: |
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(1) be consistent with Section 31.151 regarding the |
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duties of publishers and manufacturers, as appropriate, and the |
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imposition of a reasonable administrative penalty; and |
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(2) require public notice of an opportunity for the |
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submission of an electronic textbook or instructional material. |
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SECTION 5. Section 31.101, Education Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (b-1), |
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(c-1), and (e) to read as follows: |
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(a) Each year, during a period established by the State |
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Board of Education, the board of trustees of each school district |
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and the governing body of each open-enrollment charter school |
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shall: |
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(1) for a subject in the foundation curriculum, notify |
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the State Board of Education of the textbooks selected by the board |
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of trustees or governing body for the following school year from |
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among the textbooks on the appropriate conforming or nonconforming |
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list, including the list adopted under Section 31.0231; or |
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(2) for a subject in the enrichment curriculum: |
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(A) notify the State Board of Education of each |
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textbook selected by the board of trustees or governing body for the |
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following school year from among the textbooks on the appropriate |
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conforming or nonconforming list, including the list adopted under |
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Section 31.0231; or |
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(B) notify the State Board of Education that the |
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board of trustees or governing body has selected a textbook that is |
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not on the conforming or nonconforming list. |
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(b-1) If a school district or open-enrollment charter |
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school selects for a particular subject or grade level an |
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electronic textbook or instructional material on the list adopted |
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under Section 31.0231, the state shall pay the district or school an |
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amount equal to the cost of the electronic textbook or |
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instructional material plus textbook credits under Section 31.1011 |
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equal to 50 percent of the difference between that cost and the |
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limitation established under Section 31.025 for a textbook for that |
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subject and grade level, multiplied by the number of electronic |
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textbooks or instructional materials the district or school needs |
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for that subject and grade level. |
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(c) A school district or open-enrollment charter school |
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that selects a textbook that is not on the conforming or |
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nonconforming list or that selects an electronic textbook or |
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instructional material that is on the list adopted under Section |
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31.0231: |
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(1) is responsible for the portion of the cost of the |
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textbook that is not paid by the state under Subsection (b); and |
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(2) may use funds received from the state under |
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Subsection (b) or (b-1), as applicable, [only] for purchasing the |
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textbook, electronic textbook, or instructional material for which |
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the funds were received or supplementing the allotment under |
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Section 32.005 to purchase technological equipment according to |
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rules adopted by the commissioner. |
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(c-1) Notwithstanding any other provision of this chapter, |
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a school district or open-enrollment charter school must purchase a |
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classroom set of textbooks adopted by the State Board of Education |
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under Section 31.023 or 31.035 for each subject and grade level in |
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the foundation and enrichment curriculum. |
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(e) A school district or open-enrollment charter school |
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that selects a subscription-based electronic textbook or |
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instructional material on the conforming list under Section 31.023 |
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or the list adopted under Section 31.0231 may cancel the |
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subscription and subscribe to a new electronic textbook or |
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instructional material on the conforming list under Section 31.023 |
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or the list adopted under Section 31.0231 before the end of the |
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state contract period under Section 31.026 if: |
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(1) the district or school has used the electronic |
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textbook or instructional material for at least one school year; |
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and |
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(2) the agency approves the change based on a written |
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request to the agency by the district or school that specifies the |
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reasons for changing the electronic textbook or instructional |
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material used by the district or school. |
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SECTION 6. Section 31.1011(c), Education Code, is amended |
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to read as follows: |
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(c) Fifty percent of the total textbook credit of a school |
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district or open-enrollment charter school shall be credited to the |
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state textbook fund, and 50 percent of the credit shall be credited |
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to the district or school to apply toward the requisition of: |
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(1) additional textbooks or electronic textbooks that |
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are on the conforming or nonconforming list under Section 31.023 or |
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the components of such textbooks, including any electronic |
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components; [or] |
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(2) supplemental textbooks as provided by Section |
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31.035; |
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(3) electronic textbooks or instructional materials |
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on the list adopted under Section 31.0231; or |
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(4) technological equipment under Section 31.021(f). |
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SECTION 7. The heading to Section 31.152, Education Code, |
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is amended to read as follows: |
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Sec. 31.152. ACCEPTING REBATE ON TEXTBOOKS, ELECTRONIC |
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TEXTBOOKS, INSTRUCTIONAL MATERIALS, OR TECHNOLOGICAL EQUIPMENT. |
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SECTION 8. Sections 31.152(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) A school trustee, administrator, or teacher commits an |
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offense if that person receives any commission or rebate on any |
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textbooks, electronic textbooks, instructional materials, or |
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technological equipment used in the schools with which the person |
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is associated as a trustee, administrator, or teacher. |
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(b) A school trustee, administrator, or teacher commits an |
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offense if the person accepts a gift, favor, or service that: |
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(1) is given to the person or the person's school; |
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(2) might reasonably tend to influence a trustee, |
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administrator, or teacher in the selection of a textbook, |
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electronic textbook, instructional material, or technological |
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equipment; and |
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(3) could not be lawfully purchased with funds from |
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the state textbook fund. |
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SECTION 9. Chapter 32, Education Code, is amended by adding |
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Subchapter H to read as follows: |
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SUBCHAPTER H. COMPUTER LENDING PILOT PROGRAM |
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Sec. 32.351. ESTABLISHMENT OF PILOT PROGRAM. The |
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commissioner by rule shall establish a computer lending pilot |
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program to provide computers to participating public schools that |
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make computers available for use by students and their parents. |
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Sec. 32.352. PILOT PROGRAM ADMINISTRATION. The |
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commissioner shall establish procedures for the administration of |
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the pilot program, including procedures for distributing to |
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participating public schools: |
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(1) any surplus or salvage data processing equipment |
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available for distribution under the pilot program; or |
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(2) computers donated or purchased for that purpose |
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with funds from any available source, including a foundation, |
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private entity, governmental entity, and institution of higher |
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education. |
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Sec. 32.353. ELIGIBLE SCHOOLS. A public school is eligible |
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to participate in the pilot program if: |
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(1) 50 percent or more of the students enrolled in the |
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school are educationally disadvantaged; and |
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(2) the school operates or agrees to operate a |
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computer lending program that: |
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(A) allows students and parents to borrow a |
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computer; |
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(B) includes an option for students and parents |
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to work toward owning a computer initially borrowed under the |
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school's lending program, subject to any applicable legal |
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restrictions regarding disposition of the computer involved; |
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(C) provides computer training for students and |
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parents; and |
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(D) operates outside regular school hours, |
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including operation until at least 7 p.m. on at least three days |
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each week. |
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Sec. 32.354. ANNUAL REPORT. Not later than January 1 of |
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each year, the commissioner shall submit a report to the |
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legislature regarding the computer lending pilot program |
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established under this subchapter. |
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Sec. 32.355. EXPIRATION. This subchapter expires September |
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1, 2014. |
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SECTION 10. Section 2175.128, Government Code, is amended |
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by adding Subsections (a-1) and (b-1) to read as follows: |
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(a-1) Notwithstanding Subsection (a), if a disposition of a |
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state agency's surplus or salvage data processing equipment is not |
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made under Section 2175.125 or 2175.184, the state agency shall |
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make the equipment available to the commissioner of education for |
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use in the computer lending pilot program established under |
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Subchapter H, Chapter 32, Education Code. If the commissioner of |
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education declines to take the equipment, the state agency shall |
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transfer the equipment in accordance with Subsection (a). The |
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state agency may not collect a fee or other reimbursement from the |
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commissioner of education for the equipment made available under |
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this subsection. This subsection expires September 1, 2014. |
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(b-1) Notwithstanding Subsection (b), if a disposition of |
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the surplus or salvage data processing equipment of a state |
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eleemosynary institution or an institution or agency of higher |
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education is not made under other law, the institution or agency |
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shall make the equipment available to the commissioner of education |
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for use in the computer lending pilot program established under |
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Subchapter H, Chapter 32, Education Code. If the commissioner of |
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education declines to take the equipment, the institution or agency |
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shall transfer the equipment in accordance with Subsection (b). |
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The state eleemosynary institution or institution or agency of |
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higher education may not collect a fee or other reimbursement from |
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the commissioner of education for the equipment made available |
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under this subsection. This subsection expires September 1, 2014. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, 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. 4294 was passed by the House on May 4, |
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2009, by the following vote: Yeas 129, 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. 4294 on May 29, 2009, by the following vote: Yeas 118, Nays 24, |
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2 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. 4294 was passed by the Senate, with |
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amendments, on May 28, 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 |