S.B. No. 810
 
 
 
 
AN ACT
  relating to the purchase and use of open educational resources.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 31.001, Education Code, is amended to
  read as follows:
         Sec. 31.001.  FREE INSTRUCTIONAL MATERIALS. Instructional
  materials selected for use in the public schools shall be furnished
  without cost to the students attending those schools. Except as
  provided by Section 31.104(d), a school district may not charge a
  student for instructional material or technological equipment
  purchased by the district with the district's instructional
  materials and technology allotment.
         SECTION 2.  Sections 31.002(1) and (1-a), Education Code,
  are amended to read as follows:
               (1)  "Instructional material" means content that
  conveys the essential knowledge and skills of a subject in the
  public school curriculum through a medium or a combination of media
  for conveying information to a student. The term includes a book,
  supplementary materials, a combination of a book, workbook, and
  supplementary materials, computer software, magnetic media, DVD,
  CD-ROM, computer courseware, on-line services, or an electronic
  medium, or other means of conveying information to the student or
  otherwise contributing to the learning process through electronic
  means, including open education resource [open-source]
  instructional material.
               (1-a)  "Open education resource [Open-source]
  instructional material" means teaching, learning, and research
  resources that reside in the public domain or have been released
  under an intellectual property license that allows for free use,
  reuse, modification, and sharing with others, including full
  courses, course materials, modules, textbooks, streaming videos,
  tests, software, and any other tools, materials, or techniques used
  to support access to knowledge [electronic instructional material
  that is available for downloading from the Internet at no charge to
  a student and without requiring the purchase of an unlock code,
  membership, or other access or use charge, except for a charge to
  order an optional printed copy of all or part of the instructional
  material]. The term includes state-developed open education
  resource [open-source] instructional material purchased under
  Subchapter B-1.
         SECTION 3.  Section 31.004(b), Education Code, is amended to
  read as follows:
         (b)  To determine whether each student has instructional
  materials that cover all elements of the essential knowledge and
  skills as required by Subsection (a), a school district or
  open-enrollment charter school may consider:
               (1)  instructional materials adopted by the State Board
  of Education;
               (2)  materials adopted or purchased by the commissioner
  under Section 31.0231 or Subchapter B-1;
               (3)  open education resource [open-source]
  instructional materials submitted by eligible institutions and
  adopted by the State Board of Education under Section 31.0241;
               (4)  open education resource [open-source]
  instructional materials made available by other public schools;
  [and]
               (5)  instructional materials developed or purchased by
  the school district or open-enrollment charter school; and
               (6)  open education resource instructional materials
  and other electronic instructional materials included in the
  repository under Section 31.083.
         SECTION 4.  Sections 31.005 and 31.021, Education Code, are
  amended to read as follows:
         Sec. 31.005.  FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS.
  An open-enrollment charter school is entitled to the instructional
  materials and technology allotment under this chapter and is
  subject to this chapter as if the school were a school district.
         Sec. 31.021.  STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY
  FUND. (a)  The state instructional materials and technology fund
  consists of:
               (1)  an amount set aside by the State Board of Education
  from the available school fund, in accordance with Section
  43.001(d); and
               (2)  all amounts lawfully paid into the fund from any
  other source.
         (c)  Money in the state instructional materials and
  technology fund shall be used to:
               (1)  fund the instructional materials and technology
  allotment, as provided by Section 31.0211;
               (2)  purchase special instructional materials for the
  education of blind and visually impaired students in public
  schools;
               (3)  pay the expenses associated with the instructional
  materials adoption and review process under this chapter;
               (4)  pay the expenses associated with the purchase or
  licensing of open education resource [open-source] instructional
  material;
               (5)  pay the expenses associated with the purchase of
  instructional material, including intrastate freight and shipping
  and the insurance expenses associated with intrastate freight and
  shipping;
               (6)  [fund the technology lending grant program
  established under Section 32.201; and
               [(7)]  provide funding to the Texas School for the
  Blind and Visually Impaired, the Texas School for the Deaf, and the
  Texas Juvenile Justice Department; and
               (7)  pay the expenses associated with the instructional
  materials web portal developed under Section 31.081.
         (d)  Money transferred to the state instructional materials
  and technology fund remains in the fund until spent and does not
  lapse to the state at the end of the fiscal year.
         SECTION 5.  The heading to Section 31.0211, Education Code,
  is amended to read as follows:
         Sec. 31.0211.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY
  ALLOTMENT.
         SECTION 6.  Sections 31.0211(a), (b), and (c), Education
  Code, are amended to read as follows:
         (a)  A school district is entitled to an allotment each
  biennium from the state instructional materials and technology fund
  for each student enrolled in the district on a date during the last
  year of the preceding biennium specified by the commissioner. The
  commissioner shall determine the amount of the allotment per
  student each biennium on the basis of the amount of money available
  in the state instructional materials and technology fund to fund
  the allotment. An allotment under this section shall be
  transferred from the state instructional materials and technology
  fund to the credit of the district's instructional materials and
  technology account as provided by Section 31.0212.
         (b)  A juvenile justice alternative education program under
  Section 37.011 is entitled to an allotment from the state
  instructional materials and technology fund in an amount determined
  by the commissioner. The program shall use the allotment to
  purchase items listed in Subsection (c) for students enrolled in
  the program. The commissioner's determination under this
  subsection is final and may not be appealed.
         (c)  Subject to Subsection (d), funds allotted under this
  section may be used to:
               (1)  purchase:
                     (A)  materials on the list adopted by the
  commissioner, as provided by Section 31.0231;
                     (B)  instructional materials, regardless of
  whether the instructional materials are on the list adopted under
  Section 31.024;
                     (C)  consumable instructional materials,
  including workbooks;
                     (D)  instructional materials for use in bilingual
  education classes, as provided by Section 31.029;
                     (E)  instructional materials for use in college
  preparatory courses under Section 28.014, as provided by Section
  31.031;
                     (F)  supplemental instructional materials, as
  provided by Section 31.035;
                     (G)  state-developed open education resource
  [open-source] instructional materials, as provided by Subchapter
  B-1;
                     (H)  instructional materials and technological
  equipment under any continuing contracts of the district in effect
  on September 1, 2011; and
                     (I)  technological equipment necessary to support
  the use of materials included on the list adopted by the
  commissioner under Section 31.0231 or any instructional materials
  purchased with an allotment under this section; and
               (2)  pay:
                     (A)  for training educational personnel directly
  involved in student learning in the appropriate use of
  instructional materials and for providing for access to
  technological equipment for instructional use; and
                     (B)  the salary and other expenses of an employee
  who provides technical support for the use of technological
  equipment directly involved in student learning.
         SECTION 7.  The heading to Section 31.0212, Education Code,
  is amended to read as follows:
         Sec. 31.0212.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY
  ACCOUNT.
         SECTION 8.  Sections 31.0212(a), (b), (d), and (e),
  Education Code, are amended to read as follows:
         (a)  The commissioner shall maintain an instructional
  materials and technology account for each school district. In the
  first year of each biennium, the commissioner shall deposit in the
  account for each district the amount of the district's
  instructional materials and technology allotment under Section
  31.0211.
         (b)  The commissioner shall pay the cost of instructional
  materials requisitioned by a school district under Section 31.103
  using funds from the district's instructional materials and
  technology account.
         (d)  Money deposited in a school district's instructional
  materials and technology account during each state fiscal biennium
  remains in the account and available for use by the district for the
  entire biennium. At the end of each biennium, a district with
  unused money in the district's account may carry forward any
  remaining balance to the next biennium.
         (e)  The commissioner shall adopt rules as necessary to
  implement this section. The rules must include a requirement that a
  school district provide the title and publication information for
  any instructional materials requisitioned or purchased by the
  district with the district's instructional materials and
  technology allotment.
         SECTION 9.  Section 31.0213, Education Code, is amended to
  read as follows:
         Sec. 31.0213.  CERTIFICATION OF USE OF INSTRUCTIONAL
  MATERIALS AND TECHNOLOGY ALLOTMENT. Each school district shall
  annually certify to the commissioner that the district's
  instructional materials and technology allotment has been used only
  for expenses allowed by Section 31.0211.
         SECTION 10.  Section 31.0214(a), Education Code, is amended
  to read as follows:
         (a)  Each year the commissioner shall adjust the
  instructional materials and technology allotment of school
  districts experiencing high enrollment growth. The commissioner
  shall establish a procedure for determining high enrollment growth
  districts eligible to receive an adjustment under this section and
  the amount of the instructional materials and technology allotment
  those districts will receive.
         SECTION 11.  The heading to Section 31.0215, Education Code,
  is amended to read as follows:
         Sec. 31.0215.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY
  [MATERIAL] ALLOTMENT PURCHASES.
         SECTION 12.  Sections 31.0215(b) and (c), Education Code,
  are amended to read as follows:
         (b)  The commissioner may allow a school district or
  open-enrollment charter school to place an order for instructional
  materials before the beginning of a fiscal biennium and to receive
  instructional materials before payment. The commissioner shall
  limit the cost of an order placed under this section to 80 percent
  of the estimated amount to which a school district or
  open-enrollment charter school is estimated to be entitled as
  provided by Subsection (a) and shall first credit any balance in a
  district or charter school instructional materials and technology
  account to pay for an order placed under this section.
         (c)  The commissioner shall make payments for orders placed
  under this section as funds become available to the instructional
  materials and technology fund and shall prioritize payment of
  orders placed under this section over reimbursement of purchases
  made directly by a school district or open-enrollment charter
  school.
         SECTION 13.  Section 31.022, Education Code, is amended by
  amending Subsection (d) and adding Subsections (g) and (h) to read
  as follows:
         (d)  At least 12 months before the beginning of the school
  year for which instructional materials for a particular subject and
  grade level will be adopted under the review and adoption cycle, the
  board shall publish notice of the review and adoption cycle for
  those instructional materials. A request for production must allow
  submission of open education resource [open-source] instructional
  materials that are available for use by the state without charge on
  the same basis as instructional materials offered for sale.
         (g)  In reviewing and adopting instructional materials, the
  board shall consider a school district's need for technology as
  well as instructional materials and in any biennium may limit the
  adoption of instructional materials to provide sufficient
  resources to purchase technology resources, including digital
  curriculum.
         (h)  The board shall include information regarding open
  education resource instructional materials during the adoption
  cycle, including any cost savings associated with the adoption of
  open education resource instructional materials.
         SECTION 14.  Section 31.0231(b), Education Code, is amended
  to read as follows:
         (b)  A school district may select material on the list
  adopted under Subsection (a) to be funded by the district's
  instructional materials and technology allotment under Section
  31.0211.
         SECTION 15.  The heading to Section 31.0241, Education Code,
  is amended to read as follows:
         Sec. 31.0241.  ADOPTION OF OPEN EDUCATION RESOURCE
  [OPEN-SOURCE] INSTRUCTIONAL MATERIALS.
         SECTION 16.  Section 31.0241(b), Education Code, is amended
  to read as follows:
         (b)  The State Board of Education shall place open education
  resource [open-source] instructional material for a
  secondary-level course submitted for adoption by an eligible
  institution on the list adopted under Section 31.023 if:
               (1)  the instructional material is written, compiled,
  or edited primarily by faculty of the eligible institution who
  specialize in the subject area of the instructional material;
               (2)  the eligible institution identifies each
  contributing author;
               (3)  the appropriate department of the eligible
  institution certifies the instructional material for accuracy; and
               (4)  the eligible institution determines that the
  instructional material qualifies for placement on the list based on
  the extent to which the instructional material covers the essential
  knowledge and skills identified under Section 28.002 for the
  subject for which the instructional material is written and
  certifies that:
                     (A)  for instructional material for a
  senior-level course, a student who successfully completes a course
  based on the instructional material will be prepared, without
  remediation, for entry into the eligible institution's
  freshman-level course in that subject; or
                     (B)  for instructional material for a
  junior-level and senior-level course, a student who successfully
  completes the junior-level course based on the instructional
  material will be prepared for entry into the senior-level course.
         SECTION 17.   Section 31.0242, Education Code, is amended to
  read as follows:
         Sec. 31.0242.  REVIEW OF OPEN EDUCATION RESOURCE
  [OPEN-SOURCE] INSTRUCTIONAL MATERIAL. Not later than the 90th day
  after the date open education resource [open-source] instructional
  material is submitted as provided by Section 31.0241, the State
  Board of Education may review the instructional material. The
  board shall:
               (1)  post with the list adopted under Section 31.023
  comments made by the board regarding the open education resource
  [open-source] instructional material placed on the list; and
               (2)  distribute board comments to school districts.
         SECTION 18.  Section 31.026(d), Education Code, is amended
  to read as follows:
         (d)  This section does not apply to open education resource
  [open-source] instructional material.
         SECTION 19.  Section 31.0261, Education Code, is amended to
  read as follows:
         Sec. 31.0261.  CONTRACTS FOR PRINTING OF OPEN EDUCATION
  RESOURCE [OPEN-SOURCE] INSTRUCTIONAL MATERIALS. The State Board of
  Education may execute a contract for the printing of open education
  resource [open-source] instructional materials placed on the list
  adopted under Section 31.023. The contract must allow a school
  district to requisition printed copies of open education resource
  [open-source] instructional materials as provided by Section
  31.103.
         SECTION 20.  Section 31.027(c), Education Code, is amended
  to read as follows:
         (c)  This section does not apply to open education resource
  [open-source] instructional material.
         SECTION 21.  Section 31.029(a), Education Code, is amended
  to read as follows:
         (a)  A school district shall purchase with the district's
  instructional materials and technology allotment or otherwise
  acquire instructional materials for use in bilingual education
  classes.
         SECTION 22.  Section 31.031(a), Education Code, is amended
  to read as follows:
         (a)  A school district may purchase with the district's
  instructional materials and technology allotment or otherwise
  acquire instructional materials for use in college preparatory
  courses under Section 28.014.
         SECTION 23.  The heading to Subchapter B-1, Chapter 31,
  Education Code, is amended to read as follows:
  SUBCHAPTER B-1. STATE-DEVELOPED OPEN EDUCATION RESOURCE
  [OPEN-SOURCE] INSTRUCTIONAL MATERIALS
         SECTION 24.  Sections 31.071, 31.072, 31.073, 31.074, and
  31.075, Education Code, are amended to read as follows:
         Sec. 31.071.  PURCHASE AUTHORITY. (a)  The commissioner may
  purchase state-developed open education resource [open-source]
  instructional materials in accordance with this subchapter.
         (b)  The commissioner:
               (1)  shall purchase any state-developed open education
  resource [open-source] instructional materials through a
  competitive process; and
               (2)  may purchase more than one state-developed open
  education resource [open-source] instructional material for a
  subject or grade level.
         (c)  State-developed open education resource [open-source]
  instructional material must be irrevocably owned by or licensed to
  the state for use in the applicable subject or grade level. The
  state must have unlimited authority to modify, delete, combine, or
  add content to the instructional material after purchase.
         (d)  The commissioner may issue a request for proposals for
  state-developed open education resource [open-source]
  instructional material:
               (1)  in accordance with the instructional material
  review and adoption cycle under Section 31.022; or
               (2)  at any other time the commissioner determines that
  a need exists for additional instructional material options.
         (e)  The costs of administering this subchapter and
  purchasing state-developed open education resource [open-source]
  instructional materials shall be paid from the state instructional
  materials and technology fund, as determined by the commissioner.
         Sec. 31.072.  CONTENT REQUIREMENTS. (a)  State-developed
  open education resource [open-source] instructional material must:
               (1)  be evaluated by teachers or other experts, as
  determined by the commissioner, before purchase; and
               (2)  meet the requirements for inclusion on the
  instructional material list adopted under Section 31.023.
         (b)  Following a curriculum revision by the State Board of
  Education, the commissioner shall require the revision of
  state-developed open education resource [open-source]
  instructional material relating to that curriculum. The
  commissioner may, at any time, require an additional revision of
  state-developed open education resource [open-source]
  instructional material or contract for ongoing revisions of
  state-developed open education resource [open-source]
  instructional material for a period not to exceed the period under
  Section 31.022 for which instructional material for that subject
  and grade level may be adopted. The commissioner shall use a
  competitive process to request proposals to revise state-developed
  open education resource [open-source] instructional material under
  this subsection.
         Sec. 31.073.  SELECTION BY SCHOOL DISTRICT.
  (c)  Notwithstanding Section 31.022, a school district or
  open-enrollment charter school may adopt state-developed open
  education resource [open-source] instructional material at any
  time, regardless of the instructional material review and adoption
  cycle under that section.
         (d)  A school district or open-enrollment charter school may
  not be charged for selection of state-developed open education
  resource [open-source] instructional material in addition to
  instructional material adopted under Subchapter B.
         Sec. 31.074.  DISTRIBUTION. (a)  The commissioner shall
  provide for the distribution of state-developed open education
  resource [open-source] instructional materials in a manner
  consistent with distribution of instructional materials adopted
  under Subchapter B.
         (b)  The commissioner may use a competitive process to
  contract for printing or other reproduction of state-developed open
  education resource [open-source] instructional material on behalf
  of a school district or open-enrollment charter school. The
  commissioner may not require a school district or open-enrollment
  charter school to contract with a state-approved provider for the
  printing or reproduction of state-developed open education
  resource [open-source] instructional material.
         Sec. 31.075.  OWNERSHIP; LICENSING. (a)  State-developed
  open education resource [open-source] instructional material is
  the property of the state.
         (b)  The commissioner shall provide a license to each public
  school in the state, including a school district, an
  open-enrollment charter school, and a state or local agency
  educating students in any grade from prekindergarten through high
  school, to use and reproduce state-developed open education
  resource [open-source] instructional material.
         (c)  The commissioner may provide a license to use
  state-developed open education resource [open-source]
  instructional material to an entity not listed in Subsection (b).
  In determining the cost of a license under this subsection, the
  commissioner shall seek, to the extent feasible, to recover the
  costs of developing, revising, and distributing state-developed
  open education resource [open-source] instructional materials.
         SECTION 25.  Section 31.076(b), Education Code, is amended
  to read as follows:
         (b)  A decision by the commissioner regarding the purchase,
  revision, cost, or distribution of state-developed open education
  resource [open-source] instructional material is final and may not
  be appealed.
         SECTION 26.  Section 31.077, Education Code, is amended to
  read as follows:
         Sec. 31.077.  ADOPTION SCHEDULE. The commissioner shall
  develop a schedule for the adoption of state-developed open
  education resource [open-source] instructional materials under
  this subchapter. In developing the adoption schedule under this
  section, the commissioner shall consider:
               (1)  the availability of funds;
               (2)  the existing instructional material adoption
  cycles under Subchapter B; and
               (3)  the availability of instructional materials for
  development or purchase by the state.
         SECTION 27.  Chapter 31, Education Code, is amended by
  adding Subchapter B-2 to read as follows:
  SUBCHAPTER B-2. INSTRUCTIONAL MATERIALS WEB PORTAL
         Sec. 31.081.  INSTRUCTIONAL MATERIALS WEB PORTAL. (a)  The
  commissioner shall develop and maintain a web portal to assist
  school districts and open-enrollment charter schools in selecting
  instructional materials under Section 31.101.
         (b)  The web portal must include general information such as
  price, computer system requirements, and any other relevant
  specifications for each instructional material:
               (1)  on the instructional materials list, including the
  list adopted under Section 31.0231; or
               (2)  submitted by a publisher for inclusion in the web
  portal.
         (c)  The commissioner by rule shall establish the procedure
  by which a publisher may submit instructional materials for
  inclusion in the web portal.
         (d)  The commissioner shall use a competitive process to
  contract for the development of the web portal.
         (e)  The commissioner shall use money in the state
  instructional materials and technology fund to pay any expenses
  associated with the web portal.
         Sec. 31.082.  QUALITY OF INSTRUCTIONAL MATERIALS SUBMITTED
  BY PUBLISHER. (a)  The commissioner shall contract with a private
  entity to conduct an independent analysis of each instructional
  material submitted by a publisher for inclusion in the web portal
  developed under Section 31.081. The analysis must:
               (1)  evaluate the quality of the material; and
               (2)  determine the extent to which the material covers
  the essential knowledge and skills identified under Section 28.002
  for the subject and grade level for which the material is intended
  to be used, including an identification of:
                     (A)  each of the essential knowledge and skills
  for the subject and grade level or levels covered by the material;
  and
                     (B)  the percentage of the essential knowledge and
  skills for the subject and grade level or levels covered by the
  material.
         (b)  The commissioner shall include in the web portal
  developed under Section 31.081 the results of each analysis
  conducted under Subsection (a).
         Sec. 31.083.  INSTRUCTIONAL MATERIALS REPOSITORY. (a)  The
  commissioner shall include in the web portal developed under
  Section 31.081 a repository of open education resource
  instructional materials and other electronic instructional
  materials that school districts and open-enrollment charter
  schools may access at no cost.
         (b)  A publisher may submit instructional materials for
  inclusion in the repository.
         Sec. 31.084.  RULES. The commissioner may adopt rules as
  necessary to implement this subchapter.
         SECTION 28.  Section 31.101, Education Code, is amended by
  adding Subsection (b) and amending Subsection (f) to read as
  follows:
         (b)  In selecting instructional material each year, a school
  district or open-enrollment charter school may consider the use of
  open education resource instructional materials.
         (f)  The commissioner shall maintain an online requisition
  system for school districts to requisition instructional materials
  to be purchased with the district's instructional materials and
  technology allotment.
         SECTION 29.  Section 31.103(d), Education Code, is amended
  to read as follows:
         (d)  A school district or open-enrollment charter school
  that selects open education resource [open-source] instructional
  material shall requisition a sufficient number of printed copies
  for use by students unable to access the instructional material
  electronically unless the district or school provides to each
  student:
               (1)  electronic access to the instructional material at
  no cost to the student; or
               (2)  printed copies of the portion of the instructional
  material that will be used in the course.
         SECTION 30.  Sections 31.104(b), (g), and (h), Education
  Code, are amended to read as follows:
         (b)  A school district or open-enrollment charter school may
  order replacements for instructional materials that have been lost
  or damaged directly from the publisher of the instructional
  materials or any source for a printed copy of open education
  resource [open-source] instructional material.
         (g)  At the end of the school year for which open education
  resource [open-source] instructional material that a school
  district or open-enrollment charter school does not intend to use
  for another student is distributed, the printed copy of the open
  education resource [open-source] instructional material becomes
  the property of the student to whom it is distributed.
         (h)  This section does not apply to an electronic copy of
  open education resource [open-source] instructional material.
         SECTION 31.  Sections 31.151(d) and (e), Education Code, are
  amended to read as follows:
         (d)  A penalty collected under this section shall be
  deposited to the credit of the state instructional materials and
  technology fund.
         (e)  An eligible institution, as defined by Section
  31.0241(a), that offers open education resource [open-source]
  instructional materials under Section 31.0241 is not a publisher or
  manufacturer for purposes of this section.
         SECTION 32.  Section 32.001(b), Education Code, is amended
  to read as follows:
         (b)  The State Board of Education shall update [as necessary]
  the plan developed under Subsection (a) at least every five years.
         SECTION 33.  Section 41.124(c), Education Code, is amended
  to read as follows:
         (c)  A school district that receives tuition for a student
  from a school district with a wealth per student that exceeds the
  equalized wealth level may not claim attendance for that student
  for purposes of Chapters 42 and 46 and the instructional materials
  and technology allotment under Section 31.0211.
         SECTION 34.  Section 43.001(d), Education Code, is amended
  to read as follows:
         (d)  Each biennium the State Board of Education shall set
  aside an amount equal to 50 percent of the distribution for that
  biennium from the permanent school fund to the available school
  fund as provided by Section 5(a), Article VII, Texas Constitution,
  to be placed, subject to the General Appropriations Act, in the
  state instructional materials and technology fund established
  under Section 31.021.
         SECTION 35.  Section 51.451, Education Code, is amended by
  adding Subdivision (4-a) to read as follows:
               (4-a)  "Open educational resource" means a teaching,
  learning, or research resource that is in the public domain or has
  been released under an intellectual property license that permits
  the free use, adaptation, and redistribution of the resource by any
  person. The term may include full course curricula, course
  materials, modules, textbooks, media, assessments, software, and
  any other tools, materials, or techniques, whether digital or
  otherwise, used to support access to knowledge.
         SECTION 36.  Section 51.452, Education Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  Each institution of higher education shall:
               (1)  for each semester or academic term, compile a
  course schedule indicating each course offered by the institution
  for the semester or term to postsecondary students;
               (2)  with respect to each course, include with the
  schedule a list of the required and recommended textbooks that
  specifies, to the extent practicable, the following information for
  each textbook:
                     (A)  the retail price;
                     (B)  the author;
                     (C)  the publisher;
                     (D)  the most recent copyright date; [and]
                     (E)  the International Standard Book Number
  assigned, if any; and
                     (F)  whether the textbook is an open educational
  resource;
               (3)  except as provided by Subsection (b), at the time
  required by Subsection (c)(2):
                     (A)  publish the textbook list with the course
  schedule on the institution's Internet website and with any course
  schedule the institution provides in hard copy format to the
  students of the institution; and
                     (B)  make that information available to college
  bookstores and other bookstores that generally serve the students
  of the institution; and
               (4)  except as provided by Subsection (b), as soon as
  practicable after the information becomes available disseminate as
  required by Subdivision (3) specific information regarding any
  revisions to the institution's course schedule and textbook list.
         (d)  If an institution of higher education or a college
  bookstore publishes a textbook list with a course schedule on an
  Internet website that provides a search function, the institution
  or bookstore must:
               (1)  ensure that the search function permits a search
  based on whether a course or section of a course requires or
  recommends only open educational resources; or
               (2)  provide a searchable list of courses and sections
  of courses that require or recommend only open educational
  resources.
         SECTION 37.  Section 51.453, Education Code, is amended to
  read as follows:
         Sec. 51.453.  TEXTBOOK ASSISTANCE INFORMATION FOR STUDENTS.
  To the extent practicable, an institution of higher education shall
  make reasonable efforts to disseminate to its students information
  regarding:
               (1)  available institutional programs for renting
  textbooks or for purchasing used textbooks;
               (2)  available institutional guaranteed textbook
  buyback programs;
               (3)  available institutional programs for alternative
  delivery of textbook content; [and]
               (4)  the availability of courses and sections of
  courses that require or recommend only open educational resources;
  and
               (5)  other available institutional textbook
  cost-savings strategies.
         SECTION 38.  Section 51.454(a), Education Code, is amended
  to read as follows:
         (a)  When a textbook publisher provides information
  regarding a textbook or supplemental material other than an open
  educational resource to a faculty member or other person in charge
  of selecting course materials at an institution of higher
  education, the publisher shall also provide to the faculty member
  or other person written information that includes:
               (1)  the price at which the publisher would make the
  textbook or supplemental material available to a college bookstore
  or other bookstore that generally serves the students of the
  institution and, if applicable, to the public;
               (2)  the copyright dates of the current and three
  preceding editions of the textbook;
               (3)  a description of any substantial content revisions
  made between the current edition of the textbook or supplemental
  material and the most recent preceding edition of the textbook or
  material, including the addition of new chapters, new material
  covering additional time periods, new themes, or new subject
  matter;
               (4)  information as to whether the textbook or
  supplemental material is available in other formats, such as a
  paperback or unbound version; and
               (5)  the price at which the publisher would make the
  textbook or supplemental material in any alternative format
  available to a bookstore described by Subdivision (1) and, if
  applicable, to the public.
         SECTION 39.  Subchapter C, Chapter 61, Education Code, is
  amended by adding Section 61.0668 to read as follows:
         Sec. 61.0668.  OPEN EDUCATIONAL RESOURCES GRANT PROGRAM.
  (a)  In this section, "open educational resource" has the meaning
  assigned by Section 51.451.
         (b)  The board shall establish and administer a grant program
  to encourage faculty at institutions of higher education to adopt,
  modify, redesign, or develop courses that use only open educational
  resources.
         (c)  Under the program, a faculty member of an institution of
  higher education may apply to the board for a grant to adopt,
  modify, redesign, or develop one or more courses at the institution
  to exclusively use open educational resources.
         (d)  For each course identified in an application for a grant
  under this section, the board shall select at least three persons
  qualified to review the curriculum of the course, as determined by
  the board, to evaluate the application with respect to that course.  
  If the application is rejected, the reviewing persons must provide
  feedback on the application to the faculty member.  The feedback may
  be provided anonymously.
         (e)  A faculty member who receives a grant under the program
  shall ensure that any open educational resource used in each
  applicable course is provided to a student enrolled in the course at
  no cost other than the cost of printing.
         (f)  A faculty member who receives a grant under the program
  must submit to the board for each of the four semesters immediately
  following the implementation of each applicable course a report
  that includes:
               (1)  the number of students who have completed the
  course;
               (2)  an estimate of the amount of money saved by a
  student due to the use of open educational resources in the course;
               (3)  a description of the open educational resources
  used in the course;
               (4)  the number of other faculty members, if any, who
  adopted the curriculum of the course; and
               (5)  any other information required by the board.
         (g)  A faculty member who receives a grant under the program
  may continue to submit a report described by Subsection (f) for a
  semester that occurs after the faculty member's duty to submit a
  report under that subsection has expired. The board may consider a
  faculty member's failure to submit additional reports under this
  subsection in evaluating a subsequent grant application submitted
  by the faculty member.
         (h)  A faculty member who is no longer employed by an
  institution of higher education forfeits any grant awarded under
  the program.
         (i)  The board may not award a grant under the program to a
  faculty member of a postsecondary educational institution other
  than an institution of higher education.
         (j)  Not later than December 1 of each even-numbered year,
  the board shall submit to the governor, lieutenant governor,
  speaker of the house of representatives, and each standing
  legislative committee with primary jurisdiction over higher
  education a report on:
               (1)  the total number of grants distributed under the
  program;
               (2)  the number of students who completed a course
  adopted, modified, redesigned, or developed under the program;
               (3)  an estimate of the total amount of money saved by
  students due to the use of open educational resources in courses
  adopted, modified, redesigned, or developed under the program;
               (4)  a list of any subject areas that would benefit from
  the adoption, modification, or development of open educational
  resources; and
               (5)  recommendations on future steps for adopting,
  modifying, or developing open educational resources.
         (k)  The board may solicit and accept gifts, grants, and
  donations from any public or private source for purposes of the
  program.
         (l)  The board shall adopt rules for the administration of
  the program.
         (m)  This section expires September 1, 2021.
         (n)  The board may not use appropriated funds in an amount
  greater than $200,000 for purposes of the program in the state
  fiscal biennium ending August 31, 2019.  The board may use any
  amount of other funds available for those purposes.  This
  subsection expires December 1, 2019.
         SECTION 40.  Subchapter C, Chapter 61, Education Code, is
  amended by adding Section 61.0669 to read as follows:
         Sec. 61.0669.  FEASIBILITY STUDY ON STATE REPOSITORY OF OPEN
  EDUCATIONAL RESOURCES. (a)  In this section, "open educational
  resource" has the meaning assigned by Section 51.451.
         (b)  The board shall conduct a study to determine the
  feasibility of creating a state repository of open educational
  resources.  The study must consider:
               (1)  methods for facilitating public access to open
  educational resources;
               (2)  the resources needed to create the repository; and
               (3)  any potential challenges in creating the
  repository.
         (c)  In conducting the study, the board shall collaborate
  with relevant state agencies, textbook publishers, representatives
  of the open educational resource community, and other stakeholders,
  including the Texas Education Agency and representatives of public
  institutions of higher education and school districts.
         (d)  Not later than September 1, 2018, the board shall submit
  to the governor, lieutenant governor, speaker of the house of
  representatives, and each standing legislative committee with
  primary jurisdiction over higher education a report on the results
  of the study and any recommendations for legislative or other
  action.  The report must include information on:
               (1)  methods by which open educational resources would
  be gathered and curated;
               (2)  measures to ensure public access to the
  repository;
               (3)  methods of encouraging the use of the repository;
               (4)  management of intellectual property rights; and
               (5)  any other measures necessary to ensure the
  repository's success.
         (e)  The board may not use appropriated funds in an amount
  greater than $100,000 for purposes of the study.  The board may use
  any amount of other available funds for purposes of the study and
  may solicit and accept gifts, grants, and donations for that
  purpose.
         (f)  This section expires September 1, 2019.
         SECTION 41.  Section 403.093(d), Government Code, is amended
  to read as follows:
         (d)  The comptroller shall transfer from the general revenue
  fund to the foundation school fund an amount of money necessary to
  fund the foundation school program as provided by Chapter 42,
  Education Code. The comptroller shall make the transfers in
  installments as necessary to comply with Section 42.259, Education
  Code, and permit the Texas Education Agency, to the extent
  authorized by the General Appropriations Act, to make temporary
  transfers from the foundation school fund for payment of the
  instructional materials and technology allotment under Section
  31.0211, Education Code. Unless an earlier date is necessary for
  purposes of temporary transfers for payment of the instructional
  materials and technology allotment, an installment must be made not
  earlier than two days before the date an installment to school
  districts is required by Section 42.259, Education Code, and must
  not exceed the amount necessary for that payment and any temporary
  transfers for payment of the instructional materials and technology
  allotment.
         SECTION 42.  Not later than September 1, 2018, the
  commissioner of education shall develop the web portal required
  under Subchapter B-2, Chapter 31, Education Code, as added by this
  Act.
         SECTION 43.  Sections 51.451, 51.452, 51.453, and 51.454,
  Education Code, as amended by this Act, apply beginning with the
  2018 spring semester.
         SECTION 44.  (a)  As soon as practicable after the effective
  date of this Act, the Texas Higher Education Coordinating Board
  shall adopt rules for the administration of the open educational
  resources grant program under Section 61.0668, Education Code, as
  added by this Act.
         (b)  Notwithstanding Section 61.0668(j), Education Code, as
  added by this Act, the Texas Higher Education Coordinating Board
  shall submit its initial report required under that section not
  later than December 1, 2019.
         SECTION 45.  In the event that S.B. 1784, 85th Legislature,
  Regular Session, 2017, is enacted and becomes law, any provisions
  repealed or language struck by that Act shall also be considered
  repealed or struck, as applicable, by this Act.
         SECTION 46.  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, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 810 passed the Senate on
  April 25, 2017, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 27, 2017, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 810 passed the House, with
  amendments, on May 24, 2017, by the following vote: Yeas 133,
  Nays 13, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor