S.B. No. 6

	AN ACT
	relating to the foundation curriculum, the establishment of the
	instructional materials allotment, and the adoption, review, and
	purchase of instructional materials and technological equipment
	for public schools; providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 5, Education Code, is amended by adding
	Section 5.002 to read as follows:
	Sec. 5.002.  REFERENCES TO TEXTBOOK. In this title, a
	reference to a textbook means instructional material, as defined by
	Section 31.002.
	SECTION 2.  Subdivision (28), Subsection (b), Section 7.055,
	Education Code, is amended to read as follows:
	(28)  The commissioner shall perform duties relating to
	the funding, adoption, and purchase of instructional materials
	[textbooks] under Chapter 31.
	SECTION 3.  Subsection (f), Section 7.056, Education Code,
	is amended to read as follows:
	(f)  A school district or campus that is required to develop
	and implement a student achievement improvement plan under Section
	39.102 or 39.103 may receive an exemption or waiver under this
	section from any law or rule other than:
	(1)  a prohibition on conduct that constitutes a
	criminal offense;
	(2)  a requirement imposed by federal law or rule;
	(3)  a requirement, restriction, or prohibition
	imposed by state law or rule relating to:
	(A)  public school accountability as provided by
	Subchapters B, C, D, E, and J, Chapter 39; or
	(B)  educator rights and benefits under
	Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter
	A, Chapter 22; or
	(4)  [textbook] selection of instructional materials
	under Chapter 31.
	SECTION 4.  Subdivision (23), Subsection (c), Section 7.102,
	Education Code, is amended to read as follows:
	(23)  The board shall adopt and purchase or license
	instructional materials [textbooks] as provided by Chapter 31 and
	adopt rules required by that chapter.
	SECTION 5.  Subsections (a) and (c), Section 7.108,
	Education Code, are amended to read as follows:
	(a)  A person interested in selling bonds of any type or a
	person engaged in manufacturing, shipping, selling, or advertising
	instructional materials [textbooks or otherwise connected with the
	textbook business] commits an offense if the person makes or
	authorizes a political contribution to or takes part in, directly
	or indirectly, the campaign of any person seeking election to or
	serving on the board.
	(c)  In this section:
	(1)  "Instructional material" has the meaning assigned
	by Section 31.002.
	(2)  "Political contribution" has the meaning assigned
	by Section 251.001, Election Code.
	[(2)     "Textbook" has the meaning assigned by Section
	31.002.]
	SECTION 6.  The heading to Section 7.112, Education Code, is
	amended to read as follows:
	Sec. 7.112.  REPRESENTATION OF [TEXTBOOK] PUBLISHER OF
	INSTRUCTIONAL MATERIALS BY FORMER MEMBER OF BOARD.
	SECTION 7.  Subsection (a), Section 7.112, Education Code,
	is amended to read as follows:
	(a)  A former member of the State Board of Education who is
	employed by or otherwise receives compensation from a [textbook]
	publisher of instructional materials may not, before the second
	anniversary of the date on which the person last served as a member
	of the State Board of Education:
	(1)  confer with a member of the board of trustees of a
	school district concerning instructional materials [a textbook]
	published by that [textbook] publisher; or
	(2)  appear at a meeting of the board of trustees on
	behalf of the [textbook] publisher.
	SECTION 8.  Subdivision (2), Subsection (c), Section 7.112,
	Education Code, is amended to read as follows:
	(2)  "Instructional material" and "publisher"
	["Publisher" and "textbook"] have the meanings assigned by Section
	31.002.
	SECTION 9.  Subsection (b), Section 11.158, Education Code,
	is amended to read as follows:
	(b)  The board may not charge fees for:
	(1)  instructional materials [textbooks], workbooks,
	laboratory supplies, or other supplies necessary for participation
	in any instructional course except as authorized under this code;
	(2)  field trips required as a part of a basic education
	program or course;
	(3)  any specific form of dress necessary for any
	required educational program or diplomas;
	(4)  the payment of instructional costs for necessary
	school personnel employed in any course or educational program
	required for graduation;
	(5)  library materials [books] required to be used for
	any educational course or program, other than fines for lost,
	damaged, or overdue materials [books];
	(6)  admission to any activity the student is required
	to attend as a prerequisite to graduation;
	(7)  admission to or examination in any required
	educational course or program; or
	(8)  lockers.
	SECTION 10.  Subsection (a), Section 11.164, Education Code,
	is amended to read as follows:
	(a)  The board of trustees of each school district shall
	limit redundant requests for information and the number and length
	of written reports that a classroom teacher is required to prepare.
	A classroom teacher may not be required to prepare any written
	information other than:
	(1)  any report concerning the health, safety, or
	welfare of a student;
	(2)  a report of a student's grade on an assignment or
	examination;
	(3)  a report of a student's academic progress in a
	class or course;
	(4)  a report of a student's grades at the end of each
	grade reporting period;
	(5)  a [textbook] report on instructional materials;
	(6)  a unit or weekly lesson plan that outlines, in a
	brief and general manner, the information to be presented during
	each period at the secondary level or in each subject or topic at
	the elementary level;
	(7)  an attendance report;
	(8)  any report required for accreditation review;
	(9)  any information required by a school district that
	relates to a complaint, grievance, or actual or potential
	litigation and that requires the classroom teacher's involvement;
	or
	(10)  any information specifically required by law,
	rule, or regulation.
	SECTION 11.  Subsection (e), Section 19.007, Education Code,
	is amended to read as follows:
	(e)  The district may participate in the instructional
	materials [textbook] program under Chapter 31.
	SECTION 12.  Subsections (a) and (c), Section 26.006,
	Education Code, are amended to read as follows:
	(a)  A parent is entitled to:
	(1)  review all teaching materials, instructional
	materials [textbooks], and other teaching aids used in the
	classroom of the parent's child; and
	(2)  review each test administered to the parent's
	child after the test is administered.
	(c)  A student's parent is entitled to request that the
	school district or open-enrollment charter school the student
	attends allow the student to take home any instructional materials
	[textbook] used by the student. Subject to the availability of the
	instructional materials [a textbook], the district or school shall
	honor the request. A student who takes home instructional
	materials [a textbook] must return the instructional materials
	[textbook] to school at the beginning of the next school day if
	requested to do so by the student's teacher. In this subsection,
	"instructional material" ["textbook"] has the meaning assigned by
	Section 31.002.
	SECTION 13.  Subsections (a), (c), (h), and (n), Section
	28.002, Education Code, are amended to read as follows:
	(a)  Each school district that offers kindergarten through
	grade 12 shall offer, as a required curriculum:
	(1)  a foundation curriculum that includes:
	(A)  English language arts;
	(B)  mathematics;
	(C)  science; and
	(D)  social studies, consisting of Texas, United
	States, and world history, government, economics, with emphasis on
	the free enterprise system and its benefits, and geography; and
	(2)  an enrichment curriculum that includes:
	(A)  to the extent possible, languages other than
	English;
	(B)  health, with emphasis on the importance of
	proper nutrition and exercise;
	(C)  physical education;
	(D)  fine arts;
	(E)  [economics, with emphasis on the free
	enterprise system and its benefits;
	[(F)]  career and technology education;
	(F) [(G)]  technology applications; and
	(G) [(H)]  religious literature, including the
	Hebrew Scriptures (Old Testament) and New Testament, and its impact
	on history and literature.
	(c)  The State Board of Education, with the direct
	participation of educators, parents, business and industry
	representatives, and employers shall by rule identify the essential
	knowledge and skills of each subject of the required curriculum
	that all students should be able to demonstrate and that will be
	used in evaluating instructional materials [textbooks] under
	Chapter 31 and addressed on the assessment instruments required
	under Subchapter B, Chapter 39. As a condition of accreditation,
	the board shall require each district to provide instruction in the
	essential knowledge and skills at appropriate grade levels.
	(h)  The State Board of Education and each school district
	shall foster the continuation of the tradition of teaching United
	States and Texas history and the free enterprise system in regular
	subject matter and in reading courses and in the adoption of
	instructional materials [textbooks]. A primary purpose of the
	public school curriculum is to prepare thoughtful, active citizens
	who understand the importance of patriotism and can function
	productively in a free enterprise society with appreciation for the
	basic democratic values of our state and national heritage.
	(n)  The State Board of Education may by rule develop and
	implement a plan designed to incorporate foundation curriculum
	requirements into the career and technology education curriculum
	under Subsection (a)(2)(E) [(a)(2)(F)].
	SECTION 14.  Subsections (a) and (d), Section 28.0022,
	Education Code, are amended to read as follows:
	(a)  Not later than November 1, 2007, the agency shall
	establish a panel under this section to:
	(1)  review and recommend revisions to the career and
	technical education curriculum under Section 28.002(a)(2)(E)
	[28.002(a)(2)(F)]; and
	(2)  review and recommend revisions for the program in
	which high schools and articulated postsecondary institutions
	allow high school students to take advanced technical credit
	courses.
	(d)  Not later than November 1, 2008, the panel shall:
	(1)  complete the review as required by this section
	of:
	(A)  the career and technical education
	curriculum; and
	(B)  the program under which high schools and
	articulated postsecondary institutions allow high school students
	to take advanced technical credit courses; and
	(2)  make recommendations to the State Board of
	Education as necessary to:
	(A)  increase the academic rigor of the career and
	technical education curriculum under Section 28.002(a)(2)(E)
	[28.002(a)(2)(F)]; and
	(B)  improve and increase participation in the
	program under which high schools and articulated postsecondary
	institutions allow high school students to take advanced technical
	credit courses.
	SECTION 15.  Subsection (b), Section 28.003, Education Code,
	is amended to read as follows:
	(b)  In this section, "educational program" means a course or
	series of courses in the required curriculum under Section 28.002,
	other than a fine arts course under Section 28.002(a)(2)(D) or a
	career and technology course under Section 28.002(a)(2)(E)
	[28.002(a)(2)(F)].
	SECTION 16.  Subsection (c), Section 28.011, Education Code,
	is amended to read as follows:
	(c)  A student may not be required to use a specific
	translation as the sole text of the Hebrew Scriptures or New
	Testament and may use as the basic instructional material
	[textbook] a different translation of the Hebrew Scriptures or New
	Testament from that chosen by the board of trustees of the student's
	school district or the student's teacher.
	SECTION 17.  The heading to Chapter 31, Education Code, is
	amended to read as follows:
	CHAPTER 31. INSTRUCTIONAL MATERIALS [TEXTBOOKS]
	SECTION 18.  Section 31.001, Education Code, is amended to
	read as follows:
	Sec. 31.001.  FREE INSTRUCTIONAL MATERIALS [TEXTBOOKS].
	Instructional materials [Textbooks] 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 allotment.
	SECTION 19.  Subdivisions (1), (1-a), (2), and (4), Section
	31.002, Education Code, are amended to read as follows:
	(1)  "Instructional material" ["Electronic textbook"]
	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,
	[interactive videodisc,] 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 [an] open-source instructional material [textbook].
	(1-a)  "Open-source instructional material"
	[textbook"] means [an] electronic instructional material
	[textbook] 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 [textbook]. The term includes [a]
	state-developed open-source instructional material [textbook]
	purchased under Subchapter B-1.
	(2)  "Publisher" includes an on-line service or a
	developer or distributor of [an] electronic instructional
	materials [textbook].
	(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
	instructional materials [textbook]; or
	(B)  professional use by a classroom teacher.
	SECTION 20.  Subchapter A, Chapter 31, Education Code, is
	amended by amending Sections 31.003 and 31.004 and adding Section
	31.005 to read as follows:
	Sec. 31.003.  RULES. The State Board of Education may adopt
	rules, consistent with this chapter, for the adoption, requisition,
	distribution, care, use, and disposal of instructional materials
	[textbooks].
	Sec. 31.004.  CERTIFICATION OF PROVISION OF [TEXTBOOKS,
	ELECTRONIC TEXTBOOKS, AND] INSTRUCTIONAL MATERIALS. (a)  Each
	school district and open-enrollment charter school shall annually
	certify to the State Board of Education and the commissioner that,
	for each subject in the required curriculum under Section 28.002,
	other than physical education, and each grade level, the district
	provides each student with [textbooks, electronic textbooks, or]
	instructional materials that cover all elements of the essential
	knowledge and skills adopted by the State Board of Education for
	that subject and grade level.
	(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-source instructional materials submitted by
	eligible institutions and adopted by the State Board of Education
	under Section 31.0241;
	(4)  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.
	Sec. 31.005.  FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS.
	An open-enrollment charter school is entitled to the instructional
	materials allotment under this chapter and is subject to this
	chapter as if the school were a school district.
	SECTION 21.  The heading to Section 31.021, Education Code,
	is amended to read as follows:
	Sec. 31.021.  STATE INSTRUCTIONAL MATERIALS [TEXTBOOK]
	FUND.
	SECTION 22.  Section 31.021, Education Code, is amended by
	amending Subsections (a) and (d) and adding Subsection (c) to read
	as follows:
	(a)  The state instructional materials [textbook] 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 funds accruing from the state's sale of
	disused textbooks; and
	[(3)]  all amounts lawfully paid into the fund from any
	other source.
	(c)  Money in the state instructional materials fund shall be
	used to:
	(1)  fund the instructional materials 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-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
	Youth Commission.
	(d)  Money transferred to the state instructional materials
	[textbook] fund remains in the fund until spent and does not lapse
	to the state at the end of the fiscal year.
	SECTION 23.  Subchapter B, Chapter 31, Education Code, is
	amended by adding Sections 31.0211, 31.0212, 31.0213, and 31.0214
	to read as follows:
	Sec. 31.0211.  INSTRUCTIONAL MATERIALS ALLOTMENT. (a)  A
	school district is entitled to an annual allotment from the state
	instructional materials fund for each student enrolled in the
	district on a date during the preceding school year specified by the
	commissioner.  The commissioner shall determine the amount of the
	allotment per student each year on the basis of the amount of money
	available in the state instructional materials fund to fund the
	allotment.  An allotment under this section shall be transferred
	from the state instructional materials fund to the credit of the
	district's instructional materials 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 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)  supplemental instructional materials, as
	provided by Section 31.035;
	(F)  state-developed open-source instructional
	materials, as provided by Subchapter B-1;
	(G)  instructional materials and technological
	equipment under any continuing contracts of the district in effect
	on September 1, 2011; and
	(H)  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.
	(d)  Each year a school district shall use the district's
	allotment under this section to purchase, in the following order:
	(1)  instructional materials necessary to permit the
	district to certify that the district has instructional materials
	that cover all elements of the essential knowledge and skills of the
	required curriculum, other than physical education, for each grade
	level as required by Section 28.002; and
	(2)  any other instructional materials or
	technological equipment as determined by the district.
	(d-1)  Notwithstanding Subsection (d), for the state fiscal
	biennium beginning September 1, 2011, a school district shall use
	an allotment received under this section to purchase instructional
	materials that will assist the district in satisfying performance
	standards under Section 39.0241, as added by Chapter 895 (H.B. 3),
	Acts of the 81st Legislature, Regular Session, 2009, on assessment
	instruments adopted under Sections 39.023(a) and (c).
	(d-2)  Subsection (d-1) and this subsection expire August
	31, 2013.
	(e)  Not later than May 31 of each school year, a school
	district may request that the commissioner adjust the number of
	students for which the district is entitled to receive an allotment
	under Subsection (a) on the grounds that the number of students
	attending school in the district will increase or decrease during
	the school year for which the allotment is provided. The
	commissioner may also adjust the number of students for which a
	district is entitled to receive an allotment, without a request by
	the district, if the commissioner determines a different number of
	students is a more accurate reflection of students who will be
	attending school in the district.  The commissioner's determination
	under this subsection is final.
	(f)  The commissioner may adopt rules as necessary to
	implement this section.
	Sec. 31.0212.  INSTRUCTIONAL MATERIALS ACCOUNT. (a)  The
	commissioner shall maintain an instructional materials account for
	each school district. Each school year, the commissioner shall
	deposit in the account for each district the amount of the
	district's instructional materials 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 account.
	(c)  A school district may also use funds in the district's
	account to purchase electronic instructional materials or
	technological equipment. The district shall submit to the
	commissioner a request for funds for this purpose from the
	district's account.  The commissioner shall adopt rules regarding
	the documentation a school district must submit to receive funds
	under this subsection.
	(d)  Money deposited in a school district's instructional
	materials 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 allotment.
	Sec. 31.0213.  CERTIFICATION OF USE OF INSTRUCTIONAL
	MATERIALS ALLOTMENT. Each school district shall annually certify
	to the commissioner that the district's instructional materials
	allotment has been used only for expenses allowed by Section
	31.0211.
	Sec. 31.0214.  ADJUSTMENT FOR HIGH ENROLLMENT GROWTH
	DISTRICTS. (a)  Each year the commissioner shall adjust the
	instructional materials 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 allotment those districts will
	receive.
	(b)  The commissioner may adopt rules as necessary to
	implement this section.
	SECTION 24.  Section 31.022, Education Code, is amended to
	read as follows:
	Sec. 31.022.  INSTRUCTIONAL MATERIALS [TEXTBOOK] REVIEW AND
	ADOPTION.  (a)  The State Board of Education shall adopt a review
	and adoption cycle for instructional materials [textbooks] for
	elementary grade levels, including prekindergarten, and secondary
	grade levels, for each subject in the required curriculum under
	Section 28.002.  In adopting the cycle, the board:
	(1)  is not required to review and adopt instructional
	materials for all grade levels in a single year; and
	(2)  shall give priority to instructional materials in
	the following subjects:
	(A)  foundation curriculum subjects for which the
	essential knowledge and skills have been substantially revised and
	for which assessment instruments are required under Subchapter B,
	Chapter 39, including career and technology courses that satisfy
	foundation curriculum requirements as provided by Section
	28.002(n);
	(B)  foundation curriculum subjects for which the
	essential knowledge and skills have been substantially revised,
	including career and technology courses that satisfy foundation
	curriculum requirements as provided by Section 28.002(n);
	(C)  foundation curriculum subjects not described
	by Paragraph (A) or (B), including career and technology courses
	that satisfy foundation curriculum requirements as provided by
	Section 28.002(n); and
	(D)  enrichment curriculum subjects.
	(b)  The board shall organize the cycle for subjects in the
	foundation curriculum so that not more than one-fourth [one-sixth]
	of the instructional materials [textbooks] for subjects in the
	foundation curriculum are reviewed each biennium [year]. The board
	shall adopt rules to provide for a full and complete investigation
	of instructional materials [textbooks] for each subject in the
	foundation curriculum [at least] every eight [six] years. The
	adoption of instructional materials [textbooks] for a subject in
	the foundation curriculum may be extended beyond the eight-year
	[six-year] period only if the content of instructional materials
	[textbooks] for a subject is sufficiently current.
	(b-1)  For purposes of the cycle described by Subsection (b),
	the State Board of Education is considered to have adopted
	instructional materials for English language arts, English as a
	second language, and prekindergarten, as included in Proclamation
	2011, for the biennium beginning September 1, 2011.  This
	subsection expires September 1, 2013.
	(c)  The board shall adopt rules to provide for a full and
	complete investigation of instructional materials [textbooks] for
	each subject in the enrichment curriculum on a cycle the board
	considers appropriate.
	(d)  At least 12 [24] months before the beginning of the
	school year for which instructional materials [textbooks] for a
	particular subject and grade level will be adopted [purchased]
	under the review and adoption cycle [adopted by the board], the
	board shall publish notice of the review and adoption cycle for
	those instructional materials [textbooks]. A request for
	production must allow submission of open-source instructional
	materials that are available for use by the state without charge on
	the same basis as instructional materials offered for sale.
	(d-1)  A notice published under Subsection (d) must state
	that a publisher of adopted instructional materials for a grade
	level other than prekindergarten must submit an electronic sample
	of the instructional materials as required by Sections 31.027(a)
	and (b) and may not submit a print sample copy.
	(e)  The board shall designate a request for production of
	instructional materials [textbooks] in a subject area and grade
	level by the school year in which the instructional materials
	[textbooks] are intended to be made available in classrooms and not
	by the school year in which the board makes the request for
	production.
	(f)  The board shall amend any request for production issued
	for the purchase of instructional materials [textbooks] to conform
	to the instructional materials [textbook] funding levels provided
	by the General Appropriations Act for the year of implementation.
	SECTION 25.  Section 31.0221, Education Code, is amended to
	read as follows:
	Sec. 31.0221.  MIDCYCLE REVIEW AND ADOPTION OF INSTRUCTIONAL
	MATERIALS [TEXTBOOKS].  (a)  The State Board of Education shall
	adopt rules for the midcycle review and adoption of instructional
	material [a textbook] for a subject for which instructional
	materials [textbooks] are not currently under review by the board
	under Section 31.022.  The rules must require:
	(1)  the publisher of the instructional material
	[textbook] to pay a fee to the board to cover the cost of the
	midcycle review and adoption of the instructional material
	[textbook];
	(2)  the publisher of the instructional material
	[textbook] to enter into a contract with the board concerning the
	instructional material [textbook] for a term that ends at the same
	time as any contract entered into by the board for other
	instructional materials [another textbook] for the same subject and
	grade level; and
	(3)  a commitment from the publisher to provide the
	instructional material [textbook] to school districts in the manner
	specified by the publisher, which may include:
	(A)  providing the instructional material
	[textbook] to any district in a regional education service center
	area identified by the publisher; or
	(B)  providing a certain maximum number of
	instructional materials [textbooks] specified by the publisher.
	(b)  Sections 31.023 and 31.024 apply to instructional
	material [a textbook] adopted under this section.  Section 31.027
	does not apply to instructional material [a textbook] adopted under
	this section.
	SECTION 26.  Section 31.023, Education Code, is amended to
	read as follows:
	Sec. 31.023.  INSTRUCTIONAL MATERIAL LIST [TEXTBOOK LISTS].
	(a)  For each subject and grade level, the State Board of Education
	shall adopt a list [two lists] of instructional materials
	[textbooks].  The [conforming] list includes each instructional
	material [textbook] submitted for the subject and grade level that
	meets applicable physical specifications adopted by the State Board
	of Education and contains material covering at least half of the
	elements [each element] of the essential knowledge and skills of
	the subject and grade level in the student version of the
	instructional material [textbook], as well as in the teacher
	version of the instructional material [textbook], as determined by
	the State Board of Education under Section 28.002 and adopted under
	Section 31.024[.   The nonconforming list includes each textbook
	submitted for the subject and grade level that:
	[(1)     meets applicable physical specifications adopted
	by the State Board of Education;
	[(2)     contains material covering at least half, but not
	all, of the elements of the essential knowledge and skills of the
	subject and grade level in the student version of the textbook, as
	well as in the teacher version of the textbook; and
	[(3)  is adopted under Section 31.024].
	(a-1)  The State Board of Education shall determine the
	percentage of the elements of the essential knowledge and skills of
	the subject and grade level covered by each instructional material
	submitted.  The board's determination under this subsection is
	final.
	(b)  Each instructional material [textbook] on the [a
	conforming or nonconforming] list must be free from factual errors.
	SECTION 27.  Section 31.0231, Education Code, is amended to
	read as follows:
	Sec. 31.0231.  COMMISSIONER'S [ELECTRONIC TEXTBOOK AND
	INSTRUCTIONAL MATERIAL] LIST. (a)  The commissioner shall adopt a
	list of:
	(1)  electronic instructional material [textbooks];
	and
	(2)  [instructional] material that conveys information
	to the student or otherwise contributes to the learning process,
	including tools, models, and investigative materials designed for
	use as part of the foundation curriculum for:
	(A)  science in kindergarten through grade five;
	and
	(B)  personal financial literacy in kindergarten
	through grade eight.
	(b)  A school district may select [an electronic textbook or
	instructional] material on the list adopted under Subsection (a) to
	be funded by the district's instructional materials allotment
	[state textbook fund] under Section 31.0211 [31.021].
	(c)  Before the commissioner places [an electronic textbook
	or instructional] material on the list adopted under Subsection
	(a), the State Board of Education must be given an opportunity to
	comment on the [electronic textbook or instructional] material.  If
	the commissioner places material on the list adopted under
	Subsection (a), the State Board of Education may, not later than the
	90th day after the date the material is placed on the list, require
	the commissioner to remove the material from the list.  Material [An
	electronic textbook or instructional material] placed on the list
	adopted under Subsection (a):
	(1)  must be reviewed and recommended to the
	commissioner by a panel of recognized experts in the subject area of
	the [electronic textbook or instructional] material and experts in
	education technology;
	(2)  must satisfy criteria adopted for the purpose by
	commissioner rule; and
	(3)  must meet the National Instructional Materials
	Accessibility Standard, to the extent practicable as determined by
	the commissioner.
	(d)  The criteria adopted under Subsection (c)(2) must:
	(1)  include evidence of alignment with current
	research in the subject for which the [electronic textbook or
	instructional] material is intended to be used;
	(2)  include coverage of the essential knowledge and
	skills identified under Section 28.002 for the subject for which
	the [electronic textbook or instructional] material is intended to
	be used and identify:
	(A)  each of the essential knowledge and skills
	for the subject and grade level or levels covered by the [electronic
	textbook or instructional] material; and
	(B)  the percentage of the essential knowledge and
	skills for the subject and grade level or levels covered by the
	[electronic textbook or instructional] material; and
	(3)  include appropriate training for teachers.
	(e)  The commissioner shall update, as necessary, the list
	adopted under Subsection (a).  Before the commissioner places [an
	electronic textbook or instructional] material on the updated list,
	the requirements of Subsection (c) must be met.  [Before the
	commissioner removes   an electronic textbook or instructional
	material from the updated list, the removal must be recommended by a
	panel of recognized experts in the subject area of the electronic
	textbook or instructional material and experts in education
	technology.]
	(f)  After notice to the commissioner explaining in detail
	the changes, the provider of [an electronic textbook or
	instructional] material on the list adopted under Subsection (a)
	may update the navigational features or management system related
	to the [electronic textbook or instructional] material.
	(g)  After notice to the commissioner and a review by the
	commissioner, the provider of [an electronic textbook or
	instructional] material on the list adopted under Subsection (a)
	may update the content of the [electronic textbook or
	instructional] material if needed to accurately reflect current
	knowledge or information.
	(h)  The commissioner shall adopt rules as necessary to
	implement this section.  The rules must:
	(1)  be consistent with Section 31.151 regarding the
	duties of publishers and manufacturers, as appropriate, and the
	imposition of a reasonable administrative penalty; and
	(2)  require public notice of an opportunity for the
	submission of [an electronic textbook or instructional] material.
	SECTION 28.  Section 31.024, Education Code, is amended to
	read as follows:
	Sec. 31.024.  ADOPTION BY STATE BOARD OF EDUCATION.  (a)  By
	majority vote, the State Board of Education shall:
	(1)  place each submitted instructional material on the
	[textbook on a conforming or nonconforming] list adopted under
	Section 31.023; or
	(2)  reject instructional material [a textbook]
	submitted for placement on that [a conforming or nonconforming]
	list.
	(b)  Not later than December 1 of the year preceding the
	school year for which the instructional materials [textbooks] for a
	particular subject and grade level will be purchased under the
	cycle adopted by the board under Section 31.022, the board shall
	provide the list [lists] of adopted instructional materials
	[textbooks] to each school district. [Each nonconforming list must
	include the reasons an adopted textbook is not eligible for the
	conforming list.]
	SECTION 29.  The heading to Section 31.0241, Education Code,
	is amended to read as follows:
	Sec. 31.0241.  ADOPTION OF OPEN-SOURCE INSTRUCTIONAL
	MATERIALS [TEXTBOOKS].
	SECTION 30.  Subsections (b) and (c), Section 31.0241,
	Education Code, are amended to read as follows:
	(b)  The State Board of Education shall place [an]
	open-source instructional material [textbook] for a
	secondary-level course submitted for adoption by an eligible
	institution on the [a conforming or nonconforming] list adopted
	under Section 31.023 if:
	(1)  the instructional material [textbook] is written,
	compiled, or edited primarily by faculty of the eligible
	institution who specialize in the subject area of the instructional
	material [textbook];
	(2)  the eligible institution identifies each
	contributing author;
	(3)  the appropriate department of the eligible
	institution certifies the instructional material [textbook] for
	accuracy; and
	(4)  the eligible institution determines that the
	instructional material [textbook] qualifies for placement on the
	[conforming or nonconforming] list based on the extent to which the
	instructional material [textbook] covers the essential knowledge
	and skills identified under Section 28.002 for the subject for
	which the instructional material [textbook] is written and
	certifies that:
	(A)  for instructional material [a textbook] for a
	senior-level course, a student who successfully completes a course
	based on the instructional material [textbook] will be prepared,
	without remediation, for entry into the eligible institution's
	freshman-level course in that subject; or
	(B)  for instructional material [a textbook] for a
	junior-level and senior-level course, a student who successfully
	completes the junior-level course based on the instructional
	material [textbook] will be prepared for entry into the
	senior-level course.
	(c)  This section does not prohibit an eligible institution
	from submitting instructional material [a textbook] for placement
	on the [a conforming or nonconforming] list adopted under Section
	31.023 through any other adoption process provided by this chapter.
	SECTION 31.  Subchapter B, Chapter 31, Education Code, is
	amended by adding Section 31.0242 to read as follows:
	Sec. 31.0242.  REVIEW OF OPEN-SOURCE INSTRUCTIONAL
	MATERIAL. Not later than the 90th day after the date 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-source instructional
	material placed on the list; and
	(2)  distribute board comments to school districts.
	SECTION 32.  Section 31.026, Education Code, is amended to
	read as follows:
	Sec. 31.026.  CONTRACT; PRICE. (a)  The State Board of
	Education shall execute a contract[:
	[(1)]  for the purchase [of each adopted textbook other
	than an electronic textbook; and
	[(2)  for the purchase] or licensing of each adopted
	instructional material [electronic textbook].
	(b)  A contract must require the publisher to provide the
	number of instructional materials [textbooks] required by school
	districts in this state for the term of the contract, which must
	coincide with the board's adoption cycle.
	(c)  As applicable, a contract must provide for the purchase
	or licensing of instructional material [a textbook] at a specific
	price, which may not exceed the lowest price paid by any other state
	or any school or school district. The price must be fixed for the
	term of the contract.
	(d) [(e)]  This section does not apply to [an] open-source
	instructional material [textbook].
	SECTION 33.  Section 31.0261, Education Code, is amended to
	read as follows:
	Sec. 31.0261.  CONTRACTS FOR PRINTING OF OPEN-SOURCE
	INSTRUCTIONAL MATERIALS [TEXTBOOKS].  The State Board of Education
	may execute a contract for the printing of [an] open-source
	instructional materials placed [textbook listed] on the
	[conforming or nonconforming] list adopted under Section 31.023.
	The contract must allow a school district to requisition printed
	copies of [an] open-source instructional materials [textbook] as
	provided by Section 31.103.
	SECTION 34.  (a)  If this Act takes effect immediately,
	Section 31.027, Education Code, is amended to read as follows:
	Sec. 31.027.  INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC
	SAMPLE [COPIES].  (a)  A publisher shall provide each school
	district and open-enrollment charter school with information that
	fully describes each of the publisher's submitted instructional
	materials [adopted textbooks]. On request of a school district, a
	publisher shall provide an electronic [a] sample [copy] of
	submitted instructional material [an adopted textbook].
	(b)  A publisher shall provide an electronic [at least two]
	sample [copies] of each submitted instructional material [adopted
	textbook] to be maintained at each regional education service
	center.
	(c) [(d)]  This section does not apply to [an] open-source
	instructional material [textbook].
	(b)  If this Act does not take effect immediately, Section
	31.027, Education Code, as effective September 1, 2011, is amended
	to read as follows:
	Sec. 31.027.  INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC
	SAMPLE.  (a)  A publisher shall provide each school district and
	open-enrollment charter school with information that fully
	describes each of the publisher's submitted instructional
	materials [adopted textbooks]. On request of a school district, a
	publisher shall provide an electronic sample of submitted
	instructional material [an adopted textbook].
	(b)  A publisher shall provide an electronic sample of each
	submitted instructional material [adopted textbook] to be
	maintained at each regional education service center.
	(c) [(d)]  This section does not apply to [an] open-source
	instructional material [textbook].
	(c)  If this Act takes effect immediately, Sections 2 and 3,
	S.B. No. 391, Acts of the 82nd Legislature, Regular Session, 2011,
	have no effect.
	SECTION 35.  Section 31.028, Education Code, is amended to
	read as follows:
	Sec. 31.028.  SPECIAL INSTRUCTIONAL MATERIALS [TEXTBOOKS].
	(a)  The commissioner [State Board of Education] may purchase
	special instructional materials [textbooks] for the education of
	blind and visually impaired students in public schools. In
	addition, for a teacher who is blind or visually impaired, the
	commissioner [board] shall provide a teacher's edition in Braille
	or large type, as requested by the teacher, for each instructional
	material [textbook] the teacher uses in the instruction of
	students. The teacher edition must be available at the same time
	the student instructional materials [textbooks] become available.
	(b)  The publisher of [an] adopted instructional material
	[textbook] shall provide the agency with computerized
	instructional material [textbook] files for the production of
	Braille instructional materials [textbooks] or other versions of
	instructional materials [textbooks] to be used by students with
	disabilities, on request of the commissioner [State Board of
	Education]. A publisher shall arrange computerized instructional
	material [textbook] files in one of several optional formats
	specified by the commissioner [State Board of Education].
	(c)  The commissioner [board] may also enter into agreements
	providing for the acceptance, requisition, and distribution of
	special instructional materials [textbooks] and instructional aids
	pursuant to 20 U.S.C. Section 101 et seq. for use by students
	enrolled in:
	(1)  public schools; or
	(2)  private nonprofit schools, if state funds, other
	than for administrative costs, are not involved.
	(d)  In this section:
	(1)  "Blind or visually impaired student" includes any
	student whose visual acuity is impaired to the extent that the
	student is unable to read the text [print] in [a] regularly adopted
	instructional material [textbook] used in the student's class.
	(2)  "Special instructional material [textbook]" means
	instructional material [a textbook] in Braille, large type or any
	other medium or any apparatus that conveys information to a student
	or otherwise contributes to the learning process.
	SECTION 36.  Section 31.029, Education Code, is amended to
	read as follows:
	Sec. 31.029.  BILINGUAL INSTRUCTIONAL MATERIALS
	[TEXTBOOKS]. (a)  A school district [The board] shall purchase
	with the district's instructional materials allotment or otherwise
	acquire instructional materials [textbooks] for use in bilingual
	education classes.
	(b)  The commissioner shall adopt rules regarding the
	purchase of instructional materials under this section.
	SECTION 37.  Section 31.030, Education Code, is amended to
	read as follows:
	Sec. 31.030.  USED INSTRUCTIONAL MATERIALS [TEXTBOOKS]. The
	State Board of Education shall adopt rules to ensure that used
	instructional materials [textbooks] sold to school districts and
	open-enrollment charter schools are not sample copies that contain
	factual errors. The rules may provide for the imposition of an
	administrative penalty in accordance with Section 31.151 against a
	seller of used instructional materials [textbooks] who knowingly
	violates this section.
	SECTION 38.  The heading to Section 31.035, Education Code,
	is amended to read as follows:
	Sec. 31.035.  SUPPLEMENTAL INSTRUCTIONAL MATERIALS
	[TEXTBOOKS].
	SECTION 39.  Subsections (a) through (d) and (f), Section
	31.035, Education Code, are amended to read as follows:
	(a)  Notwithstanding any other provision of this subchapter,
	the State Board of Education may adopt supplemental instructional
	materials [textbooks] that are not on the [conforming or
	nonconforming] list adopted under Section 31.023. The State Board
	of Education may adopt [a] supplemental instructional material
	[textbook] under this section only if the instructional material
	[textbook]:
	(1)  contains material covering one or more primary
	focal points or primary topics of a subject in the required
	curriculum under Section 28.002, as determined by the State Board
	of Education;
	(2)  is not designed to serve as the sole instructional
	material [textbook] for a full course;
	(3)  meets applicable physical specifications adopted
	by the State Board of Education; and
	(4)  is free from factual errors.
	(b)  The State Board of Education shall identify the
	essential knowledge and skills identified under Section 28.002 that
	are covered by [a] supplemental instructional material [textbook]
	adopted by the board under this section.
	(c)  Supplemental instructional material [A supplemental
	textbook] is subject to the review and adoption cycle provisions,
	including the midcycle review and adoption cycle provisions, of
	this subchapter.
	(d)  A school district or open-enrollment charter school may
	requisition [a] supplemental instructional material [textbook]
	adopted under this section only if the district or school[:
	[(1)     uses textbook credits received under Section
	31.1011 to purchase the supplemental textbook; or
	[(2)     instead of requisitioning a textbook on the
	conforming list under Section 31.023 for a course in the foundation
	curriculum under Section 28.002,] requisitions the supplemental
	instructional material [textbook] along with other supplemental
	instructional materials [textbooks] or instructional materials
	[textbooks] on the [nonconforming] list adopted under Section
	31.023 that in combination cover each element of the essential
	knowledge and skills for the course for which the district or school
	is requisitioning the supplemental instructional materials
	[textbooks].
	(f)  A school district or open-enrollment charter school
	that requisitions supplemental instructional materials [textbooks
	under Subsection (d)(2)] shall certify to the agency that the
	supplemental instructional materials [textbooks], in combination
	with any other instructional materials [textbooks] or supplemental
	instructional materials [textbooks] used by the district or school,
	cover the essential knowledge and skills identified under Section
	28.002 by the State Board of Education for the subject and grade
	level for which the district or school is requisitioning the
	supplemental instructional materials [textbooks].
	SECTION 40.  The heading to Subchapter B-1, Chapter 31,
	Education Code, is amended to read as follows:
	SUBCHAPTER B-1. STATE-DEVELOPED OPEN-SOURCE INSTRUCTIONAL
	MATERIALS [TEXTBOOKS]
	SECTION 41.  Section 31.071, Education Code, is amended to
	read as follows:
	Sec. 31.071.  PURCHASE AUTHORITY. (a)  The commissioner may
	purchase state-developed open-source instructional materials
	[textbooks] in accordance with this subchapter.
	(b)  The commissioner:
	(1)  shall purchase any state-developed open-source
	instructional materials [textbooks] through a competitive process;
	and
	(2)  may purchase more than one state-developed
	open-source instructional material [textbook] for a subject or
	grade level.
	(c)  State-developed [A state-developed] open-source
	instructional material [textbook] 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 [textbook]
	after purchase.
	(d)  The commissioner may issue a request for proposals for
	[a] state-developed open-source instructional material [textbook]:
	(1)  in accordance with the instructional material
	[textbook] 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 [textbook]
	options.
	(e)  The costs of administering this subchapter and
	purchasing state-developed open-source instructional materials
	[textbooks] shall be paid from the state instructional materials
	[textbook] fund, as determined by the commissioner.
	SECTION 42.  Subsections (a) and (b), Section 31.072,
	Education Code, are amended to read as follows:
	(a)  State-developed [A state-developed] open-source
	instructional material [textbook] 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 [a conforming or nonconforming textbook]
	list adopted under Section 31.023.
	(b)  Following a curriculum revision by the State Board of
	Education, the commissioner shall require the revision of [a]
	state-developed open-source instructional material [textbook]
	relating to that curriculum. The commissioner may, at any time,
	require an additional revision of [a] state-developed open-source
	instructional material [textbook] or contract for ongoing
	revisions of state-developed open-source instructional material [a
	textbook] for a period not to exceed the period under Section 31.022
	for which instructional material [a textbook] for that subject and
	grade level may be adopted. The commissioner shall use a
	competitive process to request proposals to revise [a]
	state-developed open-source instructional material [textbook]
	under this subsection.
	SECTION 43.  The heading to Section 31.073, Education Code,
	is amended to read as follows:
	Sec. 31.073.  SELECTION BY SCHOOL DISTRICT [COST].
	SECTION 44.  Subsections (c) and (d), Section 31.073,
	Education Code, are amended to read as follows:
	(c)  Notwithstanding Section 31.022, a school district or
	open-enrollment charter school may adopt [a] state-developed
	open-source instructional material [textbook] at any time,
	regardless of the instructional material [textbook] review and
	adoption cycle under that section.
	(d)  A school district or open-enrollment charter school may
	not be charged for selection of [a] state-developed open-source
	instructional material [textbook] in addition to instructional
	material [a textbook] adopted under Subchapter B.
	SECTION 45.  Section 31.074, Education Code, is amended to
	read as follows:
	Sec. 31.074.  DISTRIBUTION. (a)  The commissioner shall
	provide for the distribution of state-developed open-source
	instructional materials [textbooks] in a manner consistent with
	distribution of instructional materials [textbooks] adopted under
	Subchapter B.
	(b)  The commissioner may use a competitive process to
	contract for printing or other reproduction of [a] state-developed
	open-source instructional material [textbook] 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 [a] state-developed open-source instructional
	material [textbook].
	SECTION 46.  Section 31.075, Education Code, is amended to
	read as follows:
	Sec. 31.075.  OWNERSHIP; LICENSING.  (a)  State-developed
	[A state-developed] open-source instructional material [textbook]
	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 [a] state-developed open-source
	instructional material [textbook].
	(c)  The commissioner may provide a license to use [a]
	state-developed open-source instructional material [textbook] 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-source instructional
	materials [textbooks].
	SECTION 47.  Subsection (b), Section 31.076, Education Code,
	is amended to read as follows:
	(b)  A decision by the commissioner regarding the purchase,
	revision, cost, or distribution of [a] state-developed open-source
	instructional material [textbook] is final and may not be appealed.
	SECTION 48.  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-source
	instructional materials [textbooks] 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 [textbook]
	adoption cycles under Subchapter B; and
	(3)  the availability of instructional materials
	[textbooks] for development or purchase by the state.
	SECTION 49.  The heading to Section 31.101, Education Code,
	is amended to read as follows:
	Sec. 31.101.  SELECTION AND PURCHASE OF INSTRUCTIONAL
	MATERIALS [TEXTBOOKS] BY SCHOOL DISTRICTS.
	SECTION 50.  Section 31.101, Education Code, is amended by
	amending Subsections (a), (d), and (e) and adding Subsection (f) to
	read as follows:
	(a)  Each year, during a period established by the State
	Board of Education, the board of trustees of each school district
	and the governing body of each open-enrollment charter school
	shall:
	(1)  for a subject in the foundation curriculum, notify
	the State Board of Education of the instructional materials
	[textbooks] selected by the board of trustees or governing body for
	the following school year from [among] the instructional materials
	[textbooks on the appropriate conforming or nonconforming] list,
	including the list adopted under Section 31.0231; or
	(2)  for a subject in the enrichment curriculum:
	(A)  notify the State Board of Education of each
	instructional material [textbook] selected by the board of trustees
	or governing body for the following school year from [among] the
	instructional materials [textbooks on the appropriate conforming
	or nonconforming] list, including the list adopted under Section
	31.0231; or
	(B)  notify the State Board of Education that the
	board of trustees or governing body has selected instructional
	material [a textbook] that is not on the [conforming or
	nonconforming] list.
	(d)  For instructional material [a textbook] that is not on
	the [conforming or nonconforming] list, a school district or
	open-enrollment charter school must use the instructional material
	[textbook] for the period of the review and adoption cycle the State
	Board of Education has established for the subject and grade level
	for which the instructional material [textbook] is used.
	(e)  A school district or open-enrollment charter school
	that selects [a] subscription-based [electronic textbook or]
	instructional material on the [conforming] list adopted under
	Section 31.023 or electronic instructional material on the list
	adopted by the commissioner under Section 31.0231 may cancel the
	subscription and subscribe to [a] new [electronic textbook or]
	instructional material on the [conforming] list adopted under
	Section 31.023 or electronic instructional material on the list
	adopted by the commissioner under Section 31.0231 before the end of
	the state contract period under Section 31.026 if:
	(1)  the district or school has used the [electronic
	textbook or] instructional material for at least one school year;
	and
	(2)  the agency approves the change based on a written
	request to the agency by the district or school that specifies the
	reasons for changing the [electronic textbook or] instructional
	material used by the district or school.
	(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
	allotment.
	SECTION 51.  Section 31.102, Education Code, is amended to
	read as follows:
	Sec. 31.102.  TITLE AND CUSTODY. (a)  Each instructional
	material [textbook] purchased as provided by this chapter for a
	school district or an open-enrollment charter school is the
	property of the district or school [this state].
	(b)  Subsection (a) applies to [an] electronic instructional
	material [textbook] only to the extent of any applicable licensing
	agreement.
	(c)  The board of trustees of a school district or the
	governing body of an open-enrollment charter school [is the legal
	custodian of textbooks purchased as provided by this chapter for
	the district or school. The board of trustees] shall distribute
	printed instructional material [textbooks] to students in the
	manner that the board or governing body determines is most
	effective and economical.
	SECTION 52.  The heading to Section 31.103, Education Code,
	is amended to read as follows:
	Sec. 31.103.  INSTRUCTIONAL MATERIAL [TEXTBOOK]
	REQUISITIONS.
	SECTION 53.  Subsections (b), (c), and (d), Section 31.103,
	Education Code, are amended to read as follows:
	(b)  [A requisition for textbooks for the following school
	year shall be based on the maximum attendance reports under
	Subsection (a), plus an additional 10 percent, except as otherwise
	provided.] A school district or open-enrollment charter school
	shall make a requisition for instructional material using the
	online requisition program maintained by [a textbook on the
	conforming or nonconforming list through] the commissioner [to the
	state depository designated by the publisher or as provided by
	State Board of Education rule, as applicable,] not later than June 1
	of each year. The [designated state depository or, if the publisher
	or manufacturer does not have a designated textbook depository in
	this state under Section 31.151(a)(6)(B), the] publisher or
	manufacturer shall fill a requisition approved by the agency [at
	any other time in the case of an emergency].  [As made necessary by
	available funds, the commissioner shall reduce the additional
	percentage of attendance for which a district or school may
	requisition textbooks. The commissioner may, on application of a
	district or school that is experiencing high enrollment growth,
	increase the additional percentage of attendance for which the
	district or school may requisition textbooks.]
	(c)  In making a requisition under this section, a school
	district or open-enrollment charter school may requisition
	instructional materials [textbooks] on the [conforming or
	nonconforming] list adopted under Section 31.023 for grades above
	the grade level in which a student is enrolled[, except that the
	total quantity of textbooks requisitioned under this section may
	not exceed the limit prescribed by Subsection (b)].
	(d)  A school district or open-enrollment charter school
	that selects [an] open-source instructional material [textbook]
	shall requisition a sufficient number of printed copies for use by
	students unable to access the instructional material [textbook]
	electronically unless the district or school provides to each
	student:
	(1)  electronic access to the instructional material
	[textbook] at no cost to the student; or
	(2)  printed copies of the portion of the instructional
	material [textbook] that will be used in the course.
	SECTION 54.  Section 31.104, Education Code, is amended to
	read as follows:
	Sec. 31.104.  DISTRIBUTION AND HANDLING. (a)  The board of
	trustees of a school district or the governing body of an
	open-enrollment charter school may delegate to an employee the
	authority to requisition, distribute, and manage the inventory of
	instructional materials [textbooks] in a manner consistent with
	this chapter and rules adopted under this chapter.
	(b)  A school district or open-enrollment charter school may
	order replacements for instructional materials [textbooks] that
	have been lost or damaged directly from[:
	[(1)  the textbook depository;
	[(2)]  the [textbook] publisher of the instructional
	materials 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); or
	[(3)]  any source for a printed copy of [an]
	open-source instructional material [textbook].
	(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.]  Except as provided by Subsection (g), a
	student must return all instructional materials [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 all instructional materials [each textbook,
	including an electronic textbook,] and [all] technological
	equipment not returned in an acceptable condition by the student.  A
	student who fails to return in an acceptable condition all
	instructional materials [textbooks, including electronic
	textbooks,] and technological equipment forfeits the right to free
	instructional materials [textbooks, including electronic
	textbooks,] and technological equipment until all instructional
	materials [each textbook, including an electronic textbook,] and
	[all] technological equipment previously issued but not returned in
	an acceptable condition are [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 instructional materials [textbooks, including electronic
	textbooks,] and technological equipment at school during each
	school day.  If instructional materials [a textbook, including an
	electronic textbook,] or technological equipment is not returned in
	an acceptable condition 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.  The commissioner
	by rule shall adopt criteria for determining whether instructional
	materials [a textbook, including an electronic textbook,] and
	technological equipment are returned in an acceptable condition.
	(e)  The board of trustees of a school district may not
	require an employee of the district who acts in good faith to pay
	for instructional materials [a textbook, electronic textbook,] or
	technological equipment that is damaged, stolen, misplaced, or not
	returned.  A school district employee may not waive this provision
	by contract or any other means, except that a district may enter
	into a written agreement with a school employee whereby the
	employee assumes financial responsibility for electronic
	instructional material [textbook] or technological equipment usage
	off school property or outside of a school-sponsored event in
	consideration for the ability of the school employee to use the
	electronic instructional material [textbook] or technological
	equipment for personal business.  Such a written agreement shall be
	separate from the employee's contract of employment, if applicable,
	and shall clearly inform the employee of the amount of the financial
	responsibility and advise the employee to consider obtaining
	appropriate insurance.  An employee may not be required to agree to
	such an agreement as a condition of employment.
	(g)  At the end of the school year for which [an] open-source
	instructional material [textbook] 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-source
	instructional material [textbook] becomes the property of the
	student to whom it is distributed.
	(h)  This section does not apply to an electronic copy of
	[an] open-source instructional material [textbook].
	SECTION 55.  Section 31.105, Education Code, is amended to
	read as follows:
	Sec. 31.105.  SALE OR DISPOSAL OF INSTRUCTIONAL MATERIALS
	AND TECHNOLOGICAL EQUIPMENT [TEXTBOOKS]. (a)  The board of
	trustees of a school district or governing body of an
	open-enrollment charter school may sell printed instructional
	materials on the date the instructional material is discontinued
	for use in the public schools by the State Board of Education or the
	commissioner.  The board of trustees or governing body may also sell
	electronic instructional materials and technological equipment
	owned by the district or school.  Any funds received by a district
	or school from a sale authorized by this subsection must be used to
	purchase instructional materials and technological equipment
	allowed under Section 31.0211 [textbooks, other than electronic
	textbooks, to a student or another school at the state contract
	price. 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].
	(b)  The board of trustees of a school district or governing
	body of an open-enrollment charter school shall determine how the
	district or school will dispose of discontinued printed
	instructional materials, electronic instructional materials, and
	technological equipment.
	(c)  The board of trustees of a school district or governing
	body of an open-enrollment charter school may dispose of printed
	instructional material before the date the instructional material
	is discontinued for use in the public schools by the State Board of
	Education if the board of trustees or governing body determines
	that the instructional material is not needed by the district or
	school and the board of trustees or governing body does not
	reasonably expect that the instructional material will be needed.
	A district or school must notify the commissioner of any
	instructional material the district or school disposes of under
	this subsection.
	SECTION 56.  Section 31.106, Education Code, is amended to
	read as follows:
	Sec. 31.106.  USE OF LOCAL FUNDS. In addition to any
	instructional material [textbook] selected under this chapter, a
	school district or open-enrollment charter school may use local
	funds to purchase any instructional materials [textbooks].
	SECTION 57.  Section 31.151, Education Code, is amended by
	amending Subsections (a) and (d) and adding Subsection (e) to read
	as follows:
	(a)  A publisher or manufacturer of instructional materials
	[textbooks]:
	(1)  shall furnish any instructional material
	[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 instructional material [textbook] for adoption or sale
	to any state, public school, or school district in the United
	States;
	(2)  shall automatically reduce the price of
	instructional material [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 instructional material
	[textbook] or ancillary item free of charge in this state to the
	same extent that the publisher or manufacturer provides the
	instructional material [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 instructional
	material [a textbook] sold in this state is at least equal in
	quality to copies of that instructional material [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
	instructional materials [textbooks] or enter into any
	understanding or combination to control prices or restrict
	competition in the sale of instructional materials [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 instructional materials
	[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 instructional
	materials [textbooks] is acknowledged, provide to school districts
	or open-enrollment charter schools an accurate shipping date for
	instructional materials [textbooks] that are back-ordered;
	(8)  shall guarantee delivery of instructional
	materials [textbooks] at least 10 business days before the opening
	day of school of the year for which the instructional materials
	[textbooks] are ordered if the instructional materials [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 instructional material [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.
	(d)  A penalty collected under this section shall be
	deposited to the credit of the state instructional materials
	[textbook] fund.
	(e)  An eligible institution, as defined by Section
	31.0241(a), that offers open-source instructional materials under
	Section 31.0241 is not a publisher or manufacturer for purposes of
	this section.
	SECTION 58.  The heading to Section 31.152, Education Code,
	is amended to read as follows:
	Sec. 31.152.  ACCEPTING REBATE ON [TEXTBOOKS, ELECTRONIC
	TEXTBOOKS,] INSTRUCTIONAL MATERIALS[,] OR TECHNOLOGICAL EQUIPMENT.
	SECTION 59.  Subsections (a), (b), and (d), Section 31.152,
	Education Code, are amended to read as follows:
	(a)  A school trustee, administrator, or teacher commits an
	offense if that person receives any commission or rebate on any
	[textbooks, electronic textbooks,] instructional materials[,] or
	technological equipment used in the schools with which the person
	is associated as a trustee, administrator, or teacher.
	(b)  A school trustee, administrator, or teacher commits an
	offense if the person accepts a gift, favor, or service that:
	(1)  is given to the person or the person's school;
	(2)  might reasonably tend to influence a trustee,
	administrator, or teacher in the selection of [a textbook,
	electronic textbook,] instructional material[,] or technological
	equipment; and
	(3)  could not be lawfully purchased with state
	instructional materials funds [from the state textbook fund].
	(d)  In this section, "gift, favor, or service" does not
	include:
	(1)  staff development, in-service, or teacher
	training; or
	(2)  ancillary [instructional] materials, such as maps
	or worksheets, that convey information to the student or otherwise
	contribute to the learning process.
	SECTION 60.  The heading to Section 31.153, Education Code,
	is amended to read as follows:
	Sec. 31.153.  VIOLATION OF FREE INSTRUCTIONAL MATERIALS
	[TEXTBOOK] LAW.
	SECTION 61.  Subsection (a), Section 31.153, Education Code,
	is amended to read as follows:
	(a)  A person commits an offense if the person knowingly
	violates any law providing for the purchase or distribution of free
	instructional materials [textbooks] for the public schools.
	SECTION 62.  Chapter 32, Education Code, is amended by
	adding Subchapter E to read as follows:
	SUBCHAPTER E.  TECHNOLOGY LENDING PROGRAM GRANTS
	Sec. 32.201.  ESTABLISHMENT OF PROGRAM.  (a)  The
	commissioner may establish a grant program under which grants are
	awarded to school districts and open-enrollment charter schools to
	implement a technology lending program to loan students equipment
	necessary to access and use electronic instructional materials.
	(b)  A school district or an open-enrollment charter school
	may apply to the commissioner to participate in the grant program.
	In awarding grants under this subchapter for each school year, the
	commissioner shall consider:
	(1)  the availability of existing equipment to students
	in the district or charter school; and
	(2)  other funding available to the district or charter
	school.
	(c)  The commissioner may determine the terms of a grant
	awarded under this section, including limits on the grant amount
	and approved uses of grant funds.
	(d)  The commissioner may recover funds not used in
	accordance with the terms of a grant from any state funds otherwise
	due to the school district or open-enrollment charter school.
	Sec. 32.202.  FUNDING.  (a)  The commissioner may use not
	more than $10 million from the state instructional materials fund
	under Section 31.021 each state fiscal biennium or a different
	amount determined by appropriation to administer a grant program
	established under this subchapter.
	(b)  The cost of administering a grant program under this
	subchapter must be paid from funds provided under Subsection (a).
	Sec. 32.203.  USE OF GRANT FUNDS.  (a)  A school district or
	open-enrollment charter school may use a grant awarded under
	Section 32.201 or other local funds to purchase, maintain, and
	insure equipment for a technology lending program.
	(b)  Equipment purchased by a school district or
	open-enrollment charter school with a grant awarded under Section
	32.201 is the property of the district or charter school.
	Sec. 32.204.  REVIEW OF PROGRAM. Not later than January 1,
	2013, the commissioner shall review the grant program established
	under this subchapter and submit to the governor, the lieutenant
	governor, the speaker of the house of representatives, and the
	presiding officer of each legislative standing committee with
	primary jurisdiction over primary and secondary education a written
	report regarding the grants awarded under this subchapter.
	Sec. 32.205.  EXPIRATION. This subchapter expires September
	1, 2015.
	SECTION 63.  Subsection (b), Section 39.303, Education Code,
	is amended to read as follows:
	(b)  For a student who failed to perform satisfactorily as
	determined under either performance standard under Section 39.0241
	on an assessment instrument administered under Section 39.023(a),
	(c), or (l), the school district shall include in the notice
	specific information relating to access to [online] educational
	resources at the appropriate assessment instrument content level,
	including [educational resources described by Section 32.252(b)(2)
	and] assessment instrument questions and answers released under
	Section 39.023(e).
	SECTION 64.  Subsection (c), Section 41.124, Education Code,
	as effective September 1, 2011, 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
	[technology] allotment under Section 31.0211 [32.005].
	SECTION 65.  Subsection (b), Section 43.001, Education Code,
	as amended by Chapters 201 (H.B. 3459) and 328 (S.B. 206), Acts of
	the 78th Legislature, Regular Session, 2003, is reenacted to read
	as follows:
	(b)  The available school fund, which shall be apportioned
	annually to each county according to its scholastic population,
	consists of:
	(1)  the distributions to the fund from the permanent
	school fund as provided by Section 5(a), Article VII, Texas
	Constitution;
	(2)  one-fourth of all revenue derived from all state
	occupation taxes, exclusive of delinquencies and cost of
	collection;
	(3)  one-fourth of revenue derived from state gasoline
	and special fuels excise taxes as provided by law; and
	(4)  all other appropriations to the available school
	fund made by the legislature for public school purposes.
	SECTION 66.  Section 43.001, Education Code, is amended by
	adding Subsections (d) through (g) to read as follows:
	(d)  Each year the State Board of Education shall set aside
	an amount equal to 50 percent of the annual distribution for that
	year 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 fund established under Section 31.021.
	(e)  Subsection (d) applies beginning with the state fiscal
	biennium beginning September 1, 2013.  For the state fiscal
	biennium beginning September 1, 2011, each year the State Board of
	Education shall set aside an amount equal to 40 percent of the
	annual distribution for that year 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 fund
	established under Section 31.021.
	(f)  In calculating the amounts to be set aside as provided
	by Subsection (e) for the state fiscal biennium beginning September
	1, 2011, the State Board of Education shall consider only the
	amounts of the annual distribution of the permanent school fund for
	that biennium.  The board shall not consider amounts distributed
	for the state fiscal biennium beginning September 1, 2009,
	regardless of the date on which those amounts were approved for
	distribution.
	(g)  Subsections (e) and (f) and this subsection expire
	September 1, 2013.
	SECTION 67.  The following provisions of the Education Code
	are repealed:
	(1)  Subdivision (3), Section 31.002;
	(2)  Subsections (b), (e), and (f), Section 31.021;
	(3)  Section 31.0222;
	(4)  Section 31.025;
	(5)  Subsections (e) and (g), Section 31.035;
	(6)  Subsection (c), Section 31.072;
	(7)  Subsections (a) and (b), Section 31.073;
	(8)  Subsections (b), (b-1), (c), and (c-1), Section
	31.101;
	(9)  Section 31.1011;
	(10)  Subsections (a) and (e), Section 31.103;
	(11)  Section 31.1031;
	(12)  Subchapter E, Chapter 31;
	(13)  Section 32.005;
	(14)  Sections 32.251 through 32.257;
	(15)  Sections 32.259 through 32.263; and
	(16)  Subchapter H, Chapter 32.
	SECTION 68.  Subsections (a-1) and (b-1), Section 2175.128,
	Government Code, are repealed.
	SECTION 69.  The change in law made by this Act to Section
	7.108, Education Code, applies only to an offense committed on or
	after the effective date of this Act. An offense committed before
	the effective date of this Act is governed by the law in effect when
	the offense was committed, and the former law is continued in effect
	for that purpose. For purposes of this section, an offense was
	committed before the effective date of this Act if any element of
	the offense occurred before that date.
	SECTION 70.  (a)  If this Act takes effect immediately,
	Subsection (a), Section 11, H.B. No. 4, Acts of the 82nd
	Legislature, Regular Session, 2011, has no effect, and the
	$184,000,000 described by that subsection is allocated to fund the
	instructional materials allotment in accordance with the
	provisions of this Act.
	(b)  To the extent of any conflict, this Act prevails over
	the provisions of Subsection (b), Section 11, H.B. No. 4, Acts of
	the 82nd Legislature, Regular Session, 2011.
	(c)  If this Act does not take effect immediately,
	Subsections (a) and (b) of this section have no effect.
	SECTION 71.  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 on the 91st day after the last day of
	the legislative session.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 6 passed the Senate on
	June 3, 2011, by the following vote:  Yeas 31, Nays 0;
	June 20, 2011, Senate refused to concur in House amendments and
	requested appointment of Conference Committee; June 21, 2011,
	House granted request of the Senate; June 27, 2011, Senate adopted
	Conference Committee Report by the following vote:  Yeas 30,
	Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 6 passed the House, with
	amendments, on June 16, 2011, by the following vote:  Yeas 138,
	Nays 0, one present not voting; June 21, 2011, House granted
	request of the Senate for appointment of Conference Committee;
	June 27, 2011, House adopted Conference Committee Report by the
	following vote:  Yeas 142, Nays 1, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor