89R64 SCP-D
 
  By: Swanson H.B. No. 177
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the purchase of online library resources for primary
  and secondary schools by the Texas State Library and Archives
  Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter M, Chapter 441, Government Code, is
  amended by adding Section 441.231 to read as follows:
         Sec. 441.231.  ONLINE LIBRARY RESOURCES FOR PRIMARY AND
  SECONDARY SCHOOLS. (a) The commission shall use funds
  appropriated to the commission or consortium services fees
  collected from school districts under Section 441.224(b) to
  purchase online library resources for primary and secondary schools
  that:
               (1)  meet the standards adopted by the State Board of
  Education under this section; and
               (2)  have adopted Internet safety policies and
  technology protection measures meeting the requirements for
  certification under 47 U.S.C. Sections 254(h)(5)(B) and (C).
         (b)  The State Board of Education by rule shall adopt
  standards for online library resources purchased under Subsection
  (a).
         (c)  The commission may purchase online library resources
  under Subsection (a) only if the vendor providing the resources
  certifies that the resources comply with:
               (1)  the standards adopted by the State Board of
  Education  under this section; and
               (2)   47 U.S.C. Section 254(h)(5).
         (d)  If the State Board of Education finds that a vendor
  subject to Subsection (c) is not substantially complying with the
  standards adopted by the board or the requirements of 47 U.S.C.
  Section 254(h)(5), the board shall notify the vendor of the
  vendor's noncompliance.  If the vendor fails to substantially
  comply with the standards and federal law on or before the 90th day
  after the date the vendor receives the notice, the board shall
  notify the commission and the commission may withhold further
  payments to the vendor pending verification of compliance with the
  standards and federal law.
         (e)  If a vendor described by Subsection (d) fails to verify
  that the vendor is in compliance with the standards and federal law
  on or before the 180th day after the date the vendor receives the
  notice of noncompliance described by that subsection, the
  commission may consider the vendor's act of noncompliance a breach
  of contract.
         (f)  Not later than December 1 of each year, the commission
  shall submit to the Legislative Budget Board and the office of the
  governor a report on any issues related to vendor compliance with:
               (1)  standards adopted by the State Board of Education
  under this section; and
               (2)  technology protection measures required by 47
  U.S.C. Section 254(h)(5).
         (g)  The State Board of Education by rule shall establish a
  system to promptly and efficiently address complaints filed with
  the board regarding:
               (1)  online library resources purchased by the
  commission under Subsection (a); and
               (2)  vendors providing online library resources
  described by Subdivision (1).
         SECTION 2.  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 September 1, 2025.