78R3026 ESH-D
By: Coleman H.B. No. 689
A BILL TO BE ENTITLED
AN ACT
relating to the adoption and ownership of mathematics and science
textbooks for public grade school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.0231 to read as follows:
Sec. 31.0231. LOW-COST MATHEMATICS AND SCIENCE TEXTBOOKS
FOR GRADES ONE THROUGH SIX. (a) For mathematics and science
instruction in grades one through six, each textbook the State
Board of Education adopts must have a cost that is low enough to
permit a student to keep the book at the end of the school year so
that the student may review the core concepts of the essential
knowledge and skills as necessary.
(b) Notwithstanding Section 31.023(a), a textbook adopted
under this section:
(1) for placement on the conforming list, is not
required to contain material covering each element of the essential
knowledge and skills of the subject and grade level but must contain
material covering each of the core concepts of the essential
knowledge and skills;
(2) for placement on the nonconforming list, is not
required to contain material covering at least half the elements of
the essential knowledge and skills of the subject and grade level
but must contain material covering at least half the core concepts
of the essential knowledge and skills; and
(3) is not required to meet generally applicable
physical requirements adopted under Section 31.023(a) but must meet
any physical requirements adopted by the board that are consistent
with Subsection (a).
SECTION 2. Section 31.102(a), Education Code, is amended to
read as follows:
(a) Each textbook purchased as provided by this chapter is
the property of this state, except that a textbook adopted under
Section 31.0231 may become the property of the student as provided
by Section 31.104(e).
SECTION 3. Section 31.104, Education Code, is amended by
amending Subsections (c) and (d) and adding Subsection (e) to read
as follows:
(c) Each textbook must state that the textbook is the
property of or is licensed to this state, as appropriate. Each
textbook, other than an electronic textbook, must be covered by the
student under the direction of the teacher. Except as provided by
Subsection (e), a [A] student must return all textbooks to the
teacher at the end of the school year or when the student withdraws
from school.
(d) Each student, or the student's parent or guardian, is
responsible for each textbook not returned by the student. Except
as provided by Subsection (e), a [A] student who fails to return all
textbooks forfeits the right to free textbooks until each textbook
previously issued but not returned is paid for by the student,
parent, or guardian. As provided by policy of the board of trustees
or governing body, a school district or open-enrollment charter
school may waive or reduce the payment requirement if the student is
from a low-income family. The district or school shall allow the
student to use textbooks at school during each school day. Except
as provided by Subsection (e), if [If] a textbook is not returned or
paid for, the district or school may withhold the student's
records. A district or school may not, under this subsection,
prevent a student from graduating, participating in a graduation
ceremony, or receiving a diploma.
(e) At the end of the school year for which a textbook
adopted under Section 31.0231 is distributed, the textbook becomes
the property of the student to whom it is distributed. A school
district or open-enrollment charter school may not charge a fee
under this subsection.
SECTION 4. Section 31.105, Education Code, is amended to
read as follows:
Sec. 31.105. SALE OF TEXTBOOKS. (a) The board of trustees
of a school district or governing body of an open-enrollment
charter school may sell textbooks[, other than electronic
textbooks,] to a student or another school at the state contract
price.
(b) This section does not apply to:
(1) an electronic textbook; or
(2) a textbook adopted under Section 31.0231.
(c) The district shall send money from the sale of textbooks
to the commissioner as required by the commissioner. The
commissioner shall deposit the money in the state textbook fund.
SECTION 5. Notwithstanding Section 31.022, Education Code,
the State Board of Education shall adopt textbooks that comply with
Section 31.0231, Education Code, as added by this Act, not later
than 60 days before the first date under Section 31.101, Education
Code, on which a school district or open-enrollment charter school
may select textbooks for the 2004-2005 school year.
SECTION 6. This Act takes effect September 1, 2003.