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  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