By Coleman                                             H.B. No. 759
         77R3141 ESH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the adoption and ownership of mathematics and science
 1-3     textbooks for public grade school students.
 1-5           SECTION 1. Subchapter B, Chapter 31, Education Code, is
 1-6     amended by adding Section 31.0231 to read as follows:
 1-8     GRADES ONE THROUGH SIX. (a)  For mathematics and science
 1-9     instruction in grades one through six, each textbook the State
1-10     Board of Education adopts must have a cost that is low enough to
1-11     permit a student to keep the book at the end of the school year so
1-12     that the student may review the core concepts of the essential
1-13     knowledge and skills as necessary.
1-14           (b)  Notwithstanding Section 31.023(a), a textbook adopted
1-15     under this section:
1-16                 (1)  for placement on the conforming list, is not
1-17     required to contain material covering each element of the essential
1-18     knowledge and skills of the subject and grade level but must
1-19     contain material covering each of the core concepts of the
1-20     essential knowledge and skills;
1-21                 (2)  for placement on the nonconforming list, is not
1-22     required to contain material covering at least half the elements of
1-23     the essential knowledge and skills of the subject and grade level
1-24     but must contain material covering at least half the core concepts
 2-1     of the essential knowledge and skills; and
 2-2                 (3)  is not required to meet generally applicable
 2-3     physical requirements adopted under Section 31.023(a) but must meet
 2-4     any physical requirements adopted by the board that are consistent
 2-5     with Subsection (a).
 2-6           SECTION 2. Section 31.102(a), Education Code, is amended to
 2-7     read as follows:
 2-8           (a)  Each textbook purchased as provided by this chapter is
 2-9     the property of this state, except that a textbook adopted under
2-10     Section 31.0231 may become the property of the student as provided
2-11     by Section 31.104(e).
2-12           SECTION 3. Section 31.104, Education Code, is amended by
2-13     amending Subsections (c) and (d) and adding Subsection (e) to read
2-14     as follows:
2-15           (c)  Each textbook must state that the textbook is the
2-16     property of or is licensed to this state, as appropriate.  A school
2-17     district or open-enrollment charter school must number or place
2-18     another identifying mark on each textbook.  Each teacher shall keep
2-19     a record of the number or other identifying mark of each textbook
2-20     issued to each student.  Each textbook, other than an electronic
2-21     textbook, must be covered by the student under the direction of the
2-22     teacher.  Subject to availability, each school district or
2-23     open-enrollment charter school shall, at the request of a parent or
2-24     guardian of a student enrolled in the district or school, allow the
2-25     student to take home any textbook, other than an electronic
2-26     textbook, used by the student.  The student must return the
2-27     textbook to school at the beginning of the next school day.  Except
 3-1     as provided by Subsection (e), a [A] student must return all
 3-2     textbooks to the teacher at the end of the school year or when the
 3-3     student withdraws from school.
 3-4           (d)  Each student, or the student's parent or guardian, is
 3-5     responsible for each textbook not returned by the student.  Except
 3-6     as provided by Subsection (e), a [A] student who fails to return
 3-7     all textbooks forfeits the right to free textbooks until each
 3-8     textbook previously issued but not returned is paid for by the
 3-9     student, parent, or guardian.  As provided by policy of the board
3-10     of trustees or governing body, a school district or open-enrollment
3-11     charter school may waive or reduce the payment requirement if the
3-12     student is from a low-income family.  The district or school shall
3-13     allow the student to use textbooks at school during each school
3-14     day.  Except as provided by Subsection (e), if [If] a textbook is
3-15     not returned or paid for, the district or school may withhold the
3-16     student's records.  A district or school may not, under this
3-17     subsection, prevent a student from graduating, participating in a
3-18     graduation ceremony, or receiving a diploma.
3-19           (e)  At the end of the school year for which a textbook
3-20     adopted under Section 31.0231 is distributed, the textbook becomes
3-21     the property of the student to whom it is distributed.  A school
3-22     district or open-enrollment charter school may not charge a fee
3-23     under this subsection.
3-24           SECTION 4. Section 31.105, Education Code, is amended to read
3-25     as follows:
3-26           Sec. 31.105.  SALE OF TEXTBOOKS. (a)  The board of trustees
3-27     of a school district or governing body of an open-enrollment
 4-1     charter school may sell textbooks[, other than electronic
 4-2     textbooks,] to a student or another school at the state contract
 4-3     price.
 4-4           (b)  This section does not apply to:
 4-5                 (1)  an electronic textbook; or
 4-6                 (2)  a textbook adopted under Section 31.0231.
 4-7           (c)  The district shall send money from the sale of textbooks
 4-8     to the commissioner as required by the commissioner.  The
 4-9     commissioner shall deposit the money in the state textbook fund.
4-10           SECTION 5. Notwithstanding Section 31.022, Education Code,
4-11     the State Board of Education shall adopt textbooks that comply with
4-12     Section 31.0231, Education Code, as added by this Act, not later
4-13     than 60 days before the first date under Section 31.101, Education
4-14     Code, on which a school district or open-enrollment charter school
4-15     may select textbooks for the 2002-2003 school year.
4-16           SECTION 6. This Act takes effect September 1, 2001.