By: Hochberg	H.B. No. 2488

	A BILL TO BE ENTITLED
	AN ACT
	relating to open-source textbooks for public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 31.002, Education Code, is amended to
	read as follows:
	Sec. 31.002.  DEFINITIONS.  In this chapter:
	(1) "Electronic textbook" means computer software,
	interactive videodisc, magnetic media, CD-ROM, computer
	courseware, on-line services, an electronic medium, or other means
	of conveying information to the student or otherwise contributing
	to the learning process through electronic means, including an
	open-source textbook.
	(2)  "Open-source textbook" means an electronic
	textbook that is available for downloading from the Internet at no
	charge to all students, without requiring the purchase of an unlock
	code, membership, or any other access or use charge, except for a
	charge to order an optional printed copy of all or part of the
	textbook.
	(3) [(2)] "Publisher" includes an on-line service or a
	developer or distributor of an electronic textbook.
	(4) [(3)] "Textbook" means a book, a system of
	instructional materials, or a combination of a book and
	supplementary instructional materials that conveys information to
	the student or otherwise contributes to the learning process, or an
	electronic textbook.
	(5)  [(4)] "Technological equipment" means hardware, a
	device, or equipment necessary for:
	(A)  instructional use in the classroom,
	including to gain access to or enhance the use of an electronic
	textbook; or
	(B)  professional use by a classroom teacher.
	SECTION 2.  Chapter 31, Education Code, is amended by adding
	Section 31.0245 to read as follows:
	Sec. 31.0245.  ADOPTION OF OPEN-SOURCE TEXTBOOKS WRITTEN AND
	PUBLISHED BY INSTITUTIONS OF HIGHER EDUCATION.  (a)  The State
	Board of Education shall place an open-source textbook for a
	secondary level course submitted for adoption by a public or
	private university located in Texas that spends at least $75
	million per year on research as reported to the Texas Higher
	Education Coordinating Board under section 61.051 (h), or a Texas
	public technical institute as defined in Section 61.003, on a
	conforming or nonconforming list, as determined by the
	university's or institute's certification, if:
	(1)  the open-source textbook is written, compiled or
	edited primarily by faculty of the university or institute
	submitting the textbook who specialize in the subject area of the
	textbook;
	(2)  all contributing authors to the open-source
	textbook are identified by the university or institute submitting
	the textbook;
	(3)  the open-source textbook is certified for accuracy
	by the department of the university or institute that teaches the
	subject area of the textbook;
	(4)  the university or institute submitting the
	textbook determines that the textbook qualifies for placement on
	the either the conforming or nonconforming list, and certifies
	this to the Board;
	(5)  the university or institute submitting the
	textbook for a senior year secondary course certifies that a
	student who successfully completes a course based on the textbook
	will be prepared, without remediation, for entry into the freshman
	college course in that subject at that university or institute; and
	(6)  the university or institute submitting the
	textbook for junior and senior year secondary courses certifies
	that a student who successfully completes a course based on the
	junior year textbook will be prepared for entry into the senior
	year course.
	(b)  This section does not prohibit an educational
	institution described in this section from submitting textbooks
	for placement on conforming or nonconforming lists through any
	other adoption process provided in this chapter.
	SECTION 3.  Section 31.026, Education Code, is amended by
	adding subsection (d) to read as follows:
	(d)  This section does not apply to an open-source textbook.
	SECTION 4.  Chapter 31, Education Code, is amended by adding
	Section 31.0265 to read as follows:
	Sec. 31.0265.  CONTRACTS FOR PRINTING OF OPEN-SOURCE
	TEXTBOOKS.  The State Board of Education may execute contracts for
	the printing of open-source textbooks listed on the conforming and
	non-conforming lists.  The contracts shall allow school districts
	to requisition printed copies of open-source textbooks as provided
	in Section 31.103.
	SECTION 5.  Section 31.207, Education Code, is amended by
	adding subsection (c) to read as follows:
	(c)  This section does not apply to an open-source textbook.
	SECTION 6.  Section 31.103, Education Code, is amended by
	adding subsection (d) to read as follows:
	(d)  A school district or open-enrollment charter school
	that selects an open-source textbook shall requisition enough
	printed copies of the open-source textbook to assure that students
	who do not have the technological equipment necessary to use the
	open-source textbook receive a printed copy, unless the district
	provides for the student to have the necessary equipment at no
	charge to the student or arranges for the student to receive bound
	printed copies of portions of the book that will be used for the
	class.
	SECTION 7.  Section 31.104 is amended by amending
	subsections (b) and (c), and adding subsection (f) to read as
	follows:
	(b)  A school district or open-enrollment charter school may
	order replacements for textbooks that have been lost or damaged
	directly from:
	(1)  the textbook depository; or
	(2)  the textbook publisher or manufacturer if the
	textbook publisher or manufacturer does not have a designated
	textbook depository in this state under Section 31.151(a)(6)(B),
	except that a printed copy of an open-source textbook may be
	ordered from any source.
	(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 or a printed copy of an
	open-source textbook, must be covered by the student under the
	direction of the teacher.  A student must return all textbooks to
	the teacher at the end of the school year or when the student
	withdraws from school, except that a printed copy of an open-source
	textbook need not be returned if the school district or
	open-enrollment charter school does not intend to use the textbook
	for another student.
	(f)  This section does not apply to the electronic copy of an
	open-source textbook.
	SECTION 8.  Section 31.151 (a), Education Code, is amended
	to read as follows:
	Section. 31.151. DUTIES OF PUBLISHERS AND MANUFACTURERS.  (a)
	A publisher or manufacturer of textbooks:
	(1)  shall furnish any textbook the publisher or
	manufacturer offers in this state, at a price that does not exceed
	the lowest price at which the publisher offers that textbook for
	adoption or sale to any state, public school, or school district in
	the United States;
	(2)  shall automatically reduce the price of a textbook
	sold for use in a school district or open-enrollment charter school
	to the extent that the price is reduced elsewhere in the United
	States;
	(3)  shall provide any textbook or ancillary item free
	of charge in this state to the same extent that the publisher or
	manufacturer provides the textbook or ancillary item free of charge
	to any state, public school, or school district in the United
	States;
	(4)  shall guarantee that each copy of a textbook sold
	in this state is at least equal in quality to copies of that
	textbook sold elsewhere in the United States and is free from
	factual error;
	(5)  may not become associated or connected with,
	directly or indirectly, any combination in restraint of trade in
	textbooks or enter into any understanding or combination to control
	prices or restrict competition in the sale of textbooks for use in
	this state;
	(6)  shall:
	(A)  maintain a depository in this state or
	arrange with a depository in this state to receive and fill orders
	for textbooks, other than open-source textbooks, on-line textbooks
	or on-line textbook components, consistent with State Board of
	Education rules; or
	(B)  deliver textbooks to a school district or
	open-enrollment charter school without a delivery charge to the
	school district, open-enrollment charter school, or state, if:
	(i)  the publisher or manufacturer does not
	maintain or arrange with a depository in this state under Paragraph
	(A) and the publisher's or manufacturer's textbooks and related
	products are warehoused or otherwise stored less than 300 miles
	from a border of this state; or
	(ii)  the textbooks are open-source
	textbooks, on-line textbooks or on-line textbook components;
	(7)  shall, at the time an order for textbooks is
	acknowledged, provide to school districts or open-enrollment
	charter schools an accurate shipping date for textbooks that are
	back-ordered;
	(8)  shall guarantee delivery of textbooks at least 10
	business days before the opening day of school of the year for which
	the textbooks are ordered if the textbooks are ordered by a date
	specified in the sales contract; and
	(9)  shall submit to the State Board of Education an
	affidavit certifying any textbook the publisher or manufacturer
	offers in this state to be free of factual errors at the time the
	publisher executes the contract required by Section 31.026.
	SECTION 9.  This Act takes effect September 1, 2009.