By Hernandez H.B. No. 2372
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to textbooks for public school students.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. CHANGES TAKING EFFECT IN 1993
1-5 CONCERNING TEXTBOOKS FOR PUBLIC SCHOOL STUDENTS.
1-6 SECTION 1.01. Subsection (c), Section 11.26, Education Code,
1-7 is amended to read as follows:
1-8 (c) With the advice and assistance of the state commissioner
1-9 of education, the State Board of Education shall:
1-10 (1) make to the legislature biennial reports covering
1-11 all the activities and expenditures of the Central Education
1-12 Agency;
1-13 (2) adopt rules for the accreditation of schools;
1-14 <(3) execute contracts for the purchase of
1-15 instructional aids, including textbooks, within the limits of
1-16 authority granted by the legislature;>
1-17 (3) <(4)> execute contracts for the investment of the
1-18 permanent school fund, within the limits of authority granted by
1-19 Chapter 15 of this code;
1-20 (4) <(5)> adopt rules consistent with Chapter 13 of
1-21 this code for certification of teachers, administrators, and other
1-22 professional personnel customarily employed in public schools;
1-23 (5) <(6)> adopt rules requiring school districts to
2-1 notify parents of students of a teacher teaching a subject for
2-2 which the teacher is not certified, unless the teacher is serving
2-3 an internship under Section 13.035 of this code, or the teacher has
2-4 at least 24 semester credit hours in the subject, or the teacher is
2-5 teaching under an emergency permit and is making satisfactory
2-6 progress toward completion of a deficiency plan;
2-7 (6) <(7)> consider the athletic necessities and
2-8 activities of the public schools of Texas and in advance of each
2-9 regular session of the legislature specifically report to the
2-10 governor of Texas the proper and lawful division of time and money
2-11 to be devoted to athletics, holidays, legal and otherwise, and to
2-12 educational purposes; and
2-13 (7) <(8)> on or before May 15 of each year, formulate
2-14 and transmit to the Texas Council on Vocational Education a list of
2-15 evaluation topics that address developing and future concerns of
2-16 the board in the field of technical-vocational education.
2-17 SECTION 1.02. Subsection (f), Section 11.273, Education
2-18 Code, is amended to read as follows:
2-19 (f) A school district or campus that receives a waiver under
2-20 this section for textbook selection may select for purchase a
2-21 textbook not on a state-adopted multiple list. <The textbook shall
2-22 be purchased by the district and shall be used for the same number
2-23 of years for which the textbooks for the subject or course are
2-24 adopted by the State Board of Education. The unit cost of the
2-25 textbooks selected shall not exceed the unit cost of the costliest
3-1 textbook on the multiple list for the subject or course. The
3-2 commissioner of education shall calculate the allowable cost and
3-3 transmit from the state textbook fund that amount to the district
3-4 for purchase of the textbooks. The State Board of Education shall
3-5 adopt rules necessary for the implementation of this subsection.>
3-6 SECTION 1.03. Subchapter A, Chapter 12, Education Code, is
3-7 amended by adding Section 12.005 to read as follows:
3-8 Sec. 12.005. DEFINITIONS. In this chapter:
3-9 (1) "Board" means the State Board of Education.
3-10 (2) "Governing body of a school district" means the
3-11 board of trustees or other person authorized by law to administer,
3-12 control, and manage the district.
3-13 (3) "Person" has the meaning assigned by Section
3-14 311.005(2), Government Code.
3-15 (4) "Textbook" means a book, instructional material,
3-16 or a combination of book and instructional material that conveys
3-17 information to a pupil or otherwise contributes to the learning
3-18 process. The term includes computer software, applications using
3-19 computer assisted instruction, interactive videodisc, other
3-20 computer courseware, and magnetic media.
3-21 SECTION 1.04. Section 12.01, Education Code, is amended to
3-22 read as follows:
3-23 Sec. 12.01. Free Textbooks. <(a)> School districts shall
3-24 adopt, purchase, and distribute textbooks <Textbooks adopted by the
3-25 State Board of Education> for use in the district's public
4-1 schools<of Texas> in accordance with <shall be furnished, under the
4-2 plan as set out in> this chapter, without cost to the pupils
4-3 attending the <such> schools.
4-4 <(b) The adoption, purchase, distribution, and free use of
4-5 such state-owned textbooks shall be carried out in accordance with
4-6 the provisions of this chapter.>
4-7 <(c) Except as otherwise specifically defined in this
4-8 chapter, "textbooks" or "books" as used herein shall mean books,
4-9 systems of instructional materials, or combinations of books and
4-10 supplementary instructional materials which convey information to
4-11 the pupil or otherwise contribute to the learning process, computer
4-12 software, including but not limited to applications using computer
4-13 assisted instruction, interactive videodisc, other computer
4-14 courseware, and magnetic media.>
4-15 <(d) No provision of this chapter is intended to limit the
4-16 selection of instructional materials purchased by a local board of
4-17 education with local funds, provided such selection procedures are
4-18 not in conflict with State Board of Education policies.>
4-19 SECTION 1.05. Section 12.02, Education Code, is amended to
4-20 read as follows:
4-21 Sec. 12.02. STATE AID TO SCHOOL DISTRICTS FOR TEXTBOOKS
4-22 <TEXTBOOK FUND>. (a) At a meeting held once each even numbered
4-23 year, the board <The state textbook fund shall consist of the fund
4-24 set aside by the State Board of Education from the available school
4-25 fund as provided below, together with all funds accruing from the
5-1 sale of disused books, all money derived from the purchase of books
5-2 from boards of school trustees by private individuals or by other
5-3 schools, and all amounts lawfully paid into the fund from any other
5-4 source.>
5-5 <(b) The State Board of Education> shall <annually, at a
5-6 meeting designated by them,> adopt a recommendation for the amount
5-7 that the legislature should appropriate from <set apart out of> the
5-8 available school fund and other state funds <of the state an amount
5-9 sufficient> to allocate and transfer to school districts to assist
5-10 the districts in purchasing and distributing textbooks in
5-11 accordance with this chapter during the succeeding biennium
5-12 <purchase and distribute the necessary school books for the use of
5-13 the pupils of this state for the scholastic year ensuing.> The
5-14 board shall report its recommendation to the Legislative Budget
5-15 Board and the governor in accordance with their requirements.
5-16 (b) Notwithstanding the board's recommendation under
5-17 Subsection (a) of this section, the legislature may appropriate any
5-18 amount from the available school fund and other funds for
5-19 allocation and transfer to school districts.
5-20 (c) The board shall allocate and transfer to school
5-21 districts on a per student basis the amount appropriated by the
5-22 legislature under Subsection (b) of this section. A school
5-23 district must expend at least 80 percent of the amount allocated
5-24 and transferred to the district on books. The district must spend
5-25 the remainder on instructional materials. The board may adopt
6-1 rules and require school districts to submit necessary reports and
6-2 data to the board to administer and enforce this subsection.
6-3 <Funds transferred to the textbook fund shall remain permanently in
6-4 this fund until expended and shall not lapse to the state at the
6-5 close of the fiscal year.>
6-6 <(d) The transfer of funds set apart to the textbook fund
6-7 shall be determined by the State Board of Education on the basis of
6-8 a report of the commissioner of education submitted on July 1 of
6-9 each year, stating:>
6-10 <(1) the amount of the textbook fund which is then
6-11 unexpended; and>
6-12 <(2) his estimate as to the funds necessary for the
6-13 purchase and distribution and other necessary expenses of textbooks
6-14 for the school session of the following year.>
6-15 <(e) On the basis of the information furnished, the state
6-16 board shall have the power to set apart from the available school
6-17 fund the estimated amount needed with 25 percent additional, this
6-18 additional sum to be used to meet emergencies or necessities caused
6-19 by unusual increase in scholastic attendance or by unusual and
6-20 unforeseen expenses and school conditions.>
6-21 <(f) All necessary expenses incurred by the operation of
6-22 this law or incident to the enforcement of this law shall be paid
6-23 from the state textbook fund provided for in this chapter on bills
6-24 approved by the commissioner of education.>
6-25 SECTION 1.06. Section 12.03, Education Code, is amended to
7-1 read as follows:
7-2 Sec. 12.03. Special Textbooks. (a) The governing board of
7-3 a school district may <The State Board of Education is authorized
7-4 to> acquire, purchase, and contract for free textbooks for the
7-5 education of blind and visually handicapped public school students.
7-6 In addition, for a teacher who is blind or visually impaired, the
7-7 governing board <the board> shall provide a teacher edition in
7-8 braille or large type, as appropriate as determined by the teacher,
7-9 for each textbook the teacher uses in the instruction of students.
7-10 For each school year, the teacher editions must be available at the
7-11 same time the student textbooks become available. The textbooks
7-12 shall be acquired, purchased, or contracted for as provided by
7-13 Subchapter B of this chapter and by any applicable rule adopted by
7-14 the board <State Board of Education>. The board or governing body
7-15 of a school district may also enter into agreements providing for
7-16 the acceptance, requisition, and distribution of books and
7-17 instructional aids pursuant to Public Law 922, 84th Congress, or as
7-18 amended, for use by students enrolled in public or private
7-19 non-profit schools. The agreements may include the purchase of
7-20 textbooks for blind and visually handicapped students attending
7-21 private, non-profit schools if no state or school district funds
7-22 except for administrative cost are involved.
7-23 (b) In <For purposes of> this section, a public school
7-24 student is <a> blind and/or visually handicapped if the student's
7-25 <scholastic means and includes any pupil whose> visual acuity is
8-1 impaired to the extent that the student <he> is unable to read the
8-2 print in regularly adopted textbooks used in the subject class.
8-3 (c) In <For purposes of> this section, "textbook" <means
8-4 and> includes books in braille <Braille,> or large type or any
8-5 other medium or <any> apparatus that <which> conveys information to
8-6 a public school student <the scholastic> or otherwise contributes
8-7 to the learning process.
8-8 (d) The governing body of a school district <The State Board
8-9 of Education> shall solicit bids for and shall purchase or
8-10 otherwise acquire textbooks and supporting media to be used free of
8-11 charge by students in bilingual education classes in the district's
8-12 public schools. The textbooks shall be acquired as provided by
8-13 Subchapter B of this chapter and by any applicable rule adopted by
8-14 the board <State Board of Education>.
8-15 (e) For each textbook adopted by the governing body of a
8-16 school district, the governing body may <The Central Education
8-17 Agency shall> require the <a> publisher of the <a> textbook
8-18 <adopted by the State Board of Education> to furnish the district
8-19 <agency> with computer diskettes for literary subjects in the
8-20 American Standard Code for Information Interchange (ASCII) from
8-21 which braille <Braille> versions of the textbook can be produced.
8-22 The publisher may be required to <will> furnish the district
8-23 <agency> with computer diskettes in ASCII for non-literary
8-24 subjects, e.g., natural sciences, computer science, mathematics,
8-25 and music, when braille <Braille> specialty code translation
9-1 software is available.
9-2 (e-1) (1) A <On the effective date of this Act, the State
9-3 Board of Education shall appoint a> commission appointed by the
9-4 board shall assist school districts in implementing and
9-5 administering <to expedite the implementation of> Subsection (e) of
9-6 this section. The commission is <shall be> composed of not <no>
9-7 more than 12 individuals nominated by the commissioner of education
9-8 <Commissioner of Education> from within or outside Texas, including
9-9 but not limited to:
9-10 (A) computer software developers;
9-11 (B) producers of braille <Braille> textbooks;
9-12 (C) specialists in braille <Braille> education;
9-13 (D) representatives of the Texas Education
9-14 Agency;
9-15 (E) publishers of elementary and high school
9-16 textbooks; and
9-17 (F) at least one consumer, or an advocate for
9-18 consumers, of braille <Braille> materials.
9-19 (2) The commissioner of education <Commissioner> shall
9-20 appoint a chairman from among the commission members.
9-21 (3) Public members of the commission <shall> serve at
9-22 their own expense and are not entitled to reimbursement by the
9-23 state for their participation in the commission's activities.
9-24 Representatives of a state agency shall be reimbursed from the
9-25 funds of that agency.
10-1 (4) The commission shall:
10-2 (A) work with textbook publishers on the
10-3 development of processes for converting formatted text files to
10-4 American Standard Code for Information Interchange (ASCII) text
10-5 files needed for the production of braille <Braille> textbooks with
10-6 translation software;
10-7 (B) survey ongoing efforts in Texas and
10-8 elsewhere to develop computer software needed for automated
10-9 conversion of publisher text files to the ASCII format and
10-10 recommend additional software development projects, if needed. If
10-11 additional development efforts are needed, the commission shall
10-12 work with publishers and software developers to prioritize
10-13 typesetting system conversion efforts;
10-14 (C) study the feasibility of implementing a
10-15 process by which textbook publishers can transmit computerized
10-16 textbook ASCII data files through modem communication directly to
10-17 the computers of organizations producing braille <Braille> textbook
10-18 masters; and
10-19 (D) study any other issues the commission
10-20 determines are relevant and necessary to the implementation of
10-21 Subsection (e) of this section.
10-22 <(5) The Commissioner and the State Board of Education
10-23 shall report the commission's findings and a summary of their
10-24 activities to the 73rd Texas Legislature.>
10-25 <(6) Unless continued in existence by further Acts of
11-1 the Texas Legislature, the commission is abolished on September 1,
11-2 1993.>
11-3 SECTION 1.07. Section 12.04, Education Code, is amended to
11-4 read as follows:
11-5 Sec. 12.04. Textbook REVIEW AND CONTRACTING PROCEDURES
11-6 <Proclamation Committees>. (a) The board <State Board of
11-7 Education> shall determine and publicly announce <issue a
11-8 proclamation of> the schedule that governing bodies of school
11-9 districts must follow when contracting to purchase <for the
11-10 adoption process for a category of> textbooks <and other
11-11 instructional material not later than 32 months before the date
11-12 scheduled for adoptions for that category>. <The board shall
11-13 include in the proclamation a schedule of the board meetings at
11-14 which the adoptions may be made.> The schedule adopted by the
11-15 board must:
11-16 (1) ensure that current material is always available
11-17 to the school children of Texas;
11-18 (2) enable the development of material in an orderly
11-19 and efficient manner;
11-20 (3) extend over a period determined by the board to be
11-21 the most beneficial and desirable period to meet the textbook needs
11-22 of school districts;
11-23 (4) be planned on the basis of a cost to school
11-24 districts of not less than $15 per scholastic population for the
11-25 first year of the cycle and adjusted thereafter to account for
12-1 increasing costs because of inflation;
12-2 (5) be arranged so that the total cost of new purchase
12-3 contracts in each year of the schedule is approximately equal,
12-4 except as necessary to adjust for increasing costs of textbooks and
12-5 a growing scholastic population;
12-6 (6) cover all subjects required by law or the board to
12-7 be included in a public school system of Texas during the period
12-8 covered by the schedule;
12-9 (7) be developed so that the schedule will operate on
12-10 a continuing basis to keep providers of textbooks advised in
12-11 advance of the subjects for which purchase contracts will be
12-12 executed each year; and
12-13 (8) provide that, except under emergencies determined
12-14 by the board, all changes to the schedule must be made so that
12-15 providers of textbooks have notice of the changes as far in advance
12-16 as possible.
12-17 (b) The board shall determine the broad specifications for
12-18 the content of each textbook that the governing body of a school
12-19 district may purchase and the criteria that the governing body must
12-20 use to evaluate textbooks for purchase. The broad specifications
12-21 must be consistent with the curriculum requirements and rules
12-22 adopted by the board under Section 21.101 of this code.
12-23 (c) The board may require the Texas Education Agency
12-24 <appoint a textbook proclamation advisory committee> to make
12-25 recommendations to the board about the broad specifications and
13-1 evaluation criteria that the board must adopt under Subsection (b)
13-2 of this section <for each of the subject areas of reading, language
13-3 arts, mathematics, science, and social studies>. <The board may
13-4 determine the number of persons to serve on each committee.> The
13-5 agency must make recommendations to the board in the time and
13-6 manner required by the board.
13-7 <(c) Each textbook proclamation advisory committee shall
13-8 make recommendations for the proclamation to the board for the
13-9 subject area assigned to that committee relating to:>
13-10 <(1) specifications for the content of textbooks,
13-11 which must be consistent with the curriculum requirements of
13-12 Section 21.101 of this code and with rules adopted under that
13-13 section; and>
13-14 <(2) criteria to be used to evaluate textbooks
13-15 submitted for consideration.>
13-16 (d) The board may prohibit school districts from using funds
13-17 appropriated by the legislature under Section 12.02 of this code to
13-18 purchase a textbook if the commissioner of education determines the
13-19 textbook has errors or fails to comply with the board's broad
13-20 specifications adopted under Subsection (b) of this section. The
13-21 commissioner may require the Texas Education Agency to evaluate a
13-22 textbook and make recommendations to the commissioner about the
13-23 textbook before the commissioner makes a determination under this
13-24 subsection. The agency must evaluate a textbook and make
13-25 recommendations to the commissioner in the time and manner required
14-1 by the commissioner. <At least a majority of the members of each
14-2 textbook proclamation advisory committee shall be classroom
14-3 teachers, and all members shall be appointed because of unusual
14-4 background or training or recognized ability as teachers in the
14-5 subject fields for which adoptions are to be made during the year
14-6 of appointment. At least one member of each textbook proclamation
14-7 advisory committee shall be knowledgeable in the field of special
14-8 education. At least two members of each textbook proclamation
14-9 advisory committee shall be persons who are not employed in the
14-10 public schools, but who are recognized for their expertise in a
14-11 subject area assigned to that committee.>
14-12 (e) The commissioner of education must review a school
14-13 district's textbook purchase procedures if the commissioner
14-14 determines that the district's students are not achieving
14-15 satisfactory academic progress. The commissioner may require the
14-16 district to change those procedures, adopt different textbooks, or
14-17 both. The commissioner may require the Texas Education Agency to
14-18 assist and make recommendations to the commissioner when reviewing
14-19 purchase procedures under this subsection. The agency must make
14-20 recommendations to the commissioner in the time and manner required
14-21 by the commissioner.
14-22 <(e) A person is not eligible for appointment to a textbook
14-23 proclamation advisory committee if, during the two years preceding
14-24 the person's appointment, the person or the person's spouse:>
14-25 <(1) is employed by or receives funds from a textbook
15-1 publishing firm or an agent representing a textbook author or a
15-2 publishing firm; or>
15-3 <(2) owns or controls, directly or indirectly, any
15-4 interest in a textbook publishing firm or an entity receiving funds
15-5 from a textbook publishing firm.>
15-6 (f) The Texas Education Agency may employ or contract with
15-7 persons to help the agency evaluate textbooks and formulate
15-8 recommendations to the board under Subsections (c), (d), and (e) of
15-9 this section. However, the agency may not employ or contract with
15-10 a person if, during the two years preceding the start of the
15-11 employment or contract, the person's or the person's spouse:
15-12 (1) is employed by or receives funds from a textbook
15-13 publishing firm or an agent representing a textbook author or
15-14 publishing firm; or
15-15 (2) owns or controls, directly or indirectly, any
15-16 interest in a textbook publishing firm or an entity receiving funds
15-17 from a textbook publishing firm.
15-18 (g) <(f)> During a person's employment or contract with the
15-19 Texas Education Agency under Subsection (f) of this section <term
15-20 on a textbook proclamation advisory committee>, the person or the
15-21 person's spouse may not engage in an activity for which a person is
15-22 ineligible for employment or contracting <appointment> under
15-23 Subsection (f) <(e)> of this section. For two years after the date
15-24 on which the person's employment or contract <term> ends or
15-25 expires, the person or the person's spouse may not be employed by a
16-1 textbook publishing firm or an agent representing a textbook author
16-2 or a publishing firm.
16-3 (h) <(g)> Each person who is employed by or who executes a
16-4 contract with the Texas Education Agency under Subsection (f) of
16-5 this section <appointed to a textbook proclamation advisory
16-6 committee> shall periodically file with the agency <State Board of
16-7 Education> an affidavit verifying that the person does not have an
16-8 interest that conflicts with the person's duties under the
16-9 employment or contract <of the committee>. The affidavit must be
16-10 filed in the manner and time required by the agency.
16-11 (i) The board may adopt rules for the administration of this
16-12 section.
16-13 SECTION 1.08. Chapter 12, Education Code, is amended by
16-14 amending the heading for Subchapter B to read as follows:
16-15 SUBCHAPTER B. <STATE ADOPTION,> PURCHASE, <ACQUISITION,
16-16 AND> CUSTODY, AND DISPOSAL OF TEXTBOOKS
16-17 SECTION 1.09. Section 12.11, Education Code, is amended to
16-18 read as follows:
16-19 Sec. 12.11. SCHOOL DISTRICT <State> Textbook COMMITTEES
16-20 <Committee>. (a) Each school district shall establish a textbook
16-21 purchase advisory committee and determine its membership and the
16-22 terms for which persons serve on the committee. <The State
16-23 Textbook Committee is composed of independent subject area
16-24 committees. Each year the State Board of Education shall determine
16-25 the number of subject area committees needed and the number of
17-1 persons needed to serve on each committee. Each subject area
17-2 committee shall have at least seven and not more than 15 members
17-3 and may be assigned one or more related subject areas. The
17-4 commissioner of education, annually at a meeting of the State Board
17-5 of Education held on a date specified by the board, shall recommend
17-6 not more than one person from each State Board of Education
17-7 district in this state for appointment to each subject area
17-8 committee for a one-year term.>
17-9 (b) As a school district determines necessary, the district
17-10 may:
17-11 (1) establish subject area subcommittees under the
17-12 district's textbook purchase advisory committee
17-13 (2) abolish subject area subcommittees;
17-14 (3) specify the duties of subject area subcommittees;
17-15 and
17-16 (4) determine the terms that persons serve on the
17-17 subcommittees.
17-18 (c) <(b)> If a school district establishes a subject area
17-19 subcommittee:
17-20 (1) at <At> least a majority of the members of <each
17-21 subject area> the subcommittee must <committee shall> be classroom
17-22 teachers;<, and>
17-23 (2) all members of the subcommittee <shall be
17-24 appointed because of> must have unusual training backgrounds <of
17-25 training> or recognized ability as teachers in the subject fields;
18-1 <for which adoptions are to be made during the year of
18-2 appointment.>
18-3 (3) at <At> least one member of the <each subject
18-4 area> subcommittee <committee> must <shall> be knowledgeable in the
18-5 field of special education; and<.>
18-6 (4) at <At> least two members of the <each subject
18-7 area> subcommittee must <committee shall> be persons who are not
18-8 employed in the public schools, but who are recognized for their
18-9 expertise in a subject area assigned to that subcommittee
18-10 <committee>.
18-11 (d) <(c)> A person is not eligible for appointment to a
18-12 school district textbook purchase advisory committee or a subject
18-13 area subcommittee if, during the two years immediately preceding
18-14 the person's appointment, the person or the person's spouse:
18-15 (1) is employed by or receives funds from a textbook
18-16 publishing firm or an agent representing a textbook author or a
18-17 publishing firm; or
18-18 (2) owns or controls, directly or indirectly, any
18-19 interest in a textbook publishing firm or an entity receiving funds
18-20 from a textbook publishing firm.
18-21 (e) <(d)> During a person's term on a school district
18-22 textbook purchase advisory committee or a subject area subcommittee
18-23 <committee>, the person or the person's spouse may not engage in an
18-24 activity for which a person is ineligible for appointment under
18-25 Subsection (d) <(c)> of this section. For two years after the date
19-1 on which the person's term expires, the person or the person's
19-2 spouse may not be employed by a textbook publishing firm or an
19-3 agent representing a textbook author or a publishing firm.
19-4 <(e) The State Board of Education shall approve or reject the
19-5 nominations. If any name is rejected, the commissioner of
19-6 education shall nominate others until the number of persons to
19-7 serve on each subject area committee that year are named by the
19-8 State Board of Education to membership on the textbook committee.>
19-9 (f) Each <It shall be the duty of each> school district
19-10 textbook purchase advisory <subject area> committee shall report
19-11 <to> <recommend> to the district <State Board of Education a
19-12 complete list of> the textbooks that the committee recommends
19-13 <which it approves> for purchase <adoption> at each <the various>
19-14 grade level <levels>. Either the school district textbook purchase
19-15 advisory committee or the appropriate <Each> subject area
19-16 subcommittee <committee> shall <examine> carefully evaluate all
19-17 textbooks proposed for purchase <books submitted for adoption> in
19-18 each subject area <assigned to that committee> and shall prepare
19-19 and publish for free distribution a list of its recommendations to
19-20 the board. The evaluation criteria adopted by the board under
19-21 Section 12.04 of this code must be used when evaluating a textbook.
19-22 A school district textbook purchase advisory committee may not
19-23 recommend a textbook for purchase if the textbook does not comply
19-24 with the broad specifications for the textbook's content as
19-25 determined by the board under Section 12.04 of this code. A school
20-1 district textbook purchase advisory committee must hold at least
20-2 one public meeting before making recommendations to the district.
20-3 <(g) Each subject area committee shall hold its meetings
20-4 where and when the State Board of Education shall determine; its
20-5 members shall receive compensatory per diem and shall be reimbursed
20-6 for expenses as provided by rules adopted by the State Board of
20-7 Education.>
20-8 (g) <(h)> A member <The members> of a school district
20-9 textbook purchase advisory <review> committee or a subject area
20-10 subcommittee may not have direct or indirect contact with a
20-11 textbook publisher. A member <The committee or committee members>
20-12 may request clarification from a publisher through the
20-13 superintendent of the district <commissioner of education> or at
20-14 public meetings of the district's governing body <which shall be
20-15 held in Austin>. <The committee shall hold at least one public
20-16 meeting.>
20-17 SECTION 1.10. Section 12.13, Education Code, is amended to
20-18 read as follows:
20-19 Sec. 12.13. TEXTBOOK PURCHASE CONTRACTS <ADOPTION BY STATE
20-20 BOARD OF EDUCATION>. (a) By majority vote, the governing body
20-21 district shall award textbook purchase contracts for each grade
20-22 level and subject in accordance with the schedule adopted by the
20-23 board under Section 12.04(a) of this code. The governing body may
20-24 award a textbook purchase contract only after considering the
20-25 recommendations <State Board of Education may remove books from a
21-1 list> submitted by the district's textbook purchase advisory
21-2 committee <a subject area committee, but the board shall not place
21-3 on the list any book not recommended by the committee, nor shall
21-4 the board reduce to a single adoption any list for a specific grade
21-5 or subject in which multiple adoption is recommended by the
21-6 committee>. The governing body may not contract to purchase a
21-7 textbook if the textbook would be purchased with funds appropriated
21-8 under Section 12.02 of this code and the board has prohibited the
21-9 district from using those funds to purchase the textbook under
21-10 Section 12.04(d) of this code.
21-11 (b) The governing body of a school district shall give prior
21-12 public notice of its intention to award a textbook purchase
21-13 contract. The notice must:
21-14 (1) be printed in the public press by the 60th day
21-15 before the contracts are awarded;
21-16 (2) specify the time, date, and place of the meeting
21-17 at which the contracts will be awarded;
21-18 (3) be sent to each person that has filed a written
21-19 request with the governing body to receive copies of its contract
21-20 award notices;
21-21 (4) specify the subjects on which textbook purchase
21-22 contracts may be awarded;
21-23 (5) specify the last date on which sample copies of
21-24 textbooks offered for contracting may be submitted;
21-25 (6) specify the amount of the required cash deposit;
22-1 (7) specify the time to be allowed for signing a
22-2 contract and filing a bond after a contract is awarded; and
22-3 (8) contain a statement that formal proposals will be
22-4 received on the date of the meeting.
22-5 SECTION 1.11. Section 12.14, Education Code, is amended to
22-6 read as follows:
22-7 Sec. 12.14. Multiple List. (a) The board <State Board of
22-8 Education> shall select and adopt a multiple list of textbooks for
22-9 use in the elementary grades, including kindergarten, and the
22-10 secondary grades of the public schools of Texas.
22-11 (b) The multiple list shall consist of not fewer <less> than
22-12 two nor more than eight textbooks for each subject matter or course
22-13 designated by the board to implement Section 21.101 of this code.
22-14 If available, the board <State Board of Education> shall attempt to
22-15 choose one remedial and one advanced text on the multiple list in
22-16 each subject area.
22-17 (c) No textbook <book> adopted shall contain anything of a
22-18 partisan or sectarian character.
22-19 SECTION 1.12. Subsection (b), Section 12.16, Education Code,
22-20 is amended to read as follows:
22-21 (b) Specific rules as to the manner of selection for all
22-22 textbooks <books> on the multiple lists provided for in this
22-23 section shall be made by the board <State Board of Education>.
22-24 SECTION 1.13. Section 12.17, Education Code, is amended to
22-25 read as follows:
23-1 Sec. 12.17. Public Notice of Adoptions to be Made.
23-2 (a) When textbooks are to be selected and adopted under the
23-3 provisions of this code, or where the adoption of <a contract for>
23-4 a textbook then in use is about to expire, not less than two months
23-5 in advance of the meeting of the board <State Board of Education>
23-6 at which the adoptions may be made, the chairman of the board
23-7 <State Board of Education> shall give public notice-
23-8 (1) by having printed in the public press a notice to
23-9 the effect that the meeting will be held and that adoptions will be
23-10 made; and
23-11 (2) by sending written notices to all persons<, firms,
23-12 or corporations> in whose behalf the notices shall have been
23-13 requested.
23-14 (b) The notices required by Subsection (a) of this section
23-15 shall contain:
23-16 (1) the time and place of the meeting of the board
23-17 <State Board of Education> at which the adoptions may be made;
23-18 (2) the subjects on which textbooks may be adopted;
23-19 (3) the last date on which sample copies of textbooks
23-20 <books> offered for <textbook> adoption may be submitted;
23-21 (4) the amount of cash deposit required;
23-22 (5) the time to be allowed for signing contract and
23-23 filing bond after the award is made; and
23-24 (6) a statement that formal proposals will be received
23-25 on the date of the meeting.
24-1 SECTION 1.14. Section 12.18, Education Code, is amended to
24-2 read as follows:
24-3 Sec. 12.18. Filing of Bids and Sample Copies. (a) At least
24-4 30 days prior to the date of the meeting of the board <State Board
24-5 of Education> at which adoptions are to be made, sample copies of
24-6 each textbook <book> on which a bid will be submitted shall be
24-7 filed with the commissioner of education.
24-8 (b) A <Every> person<, firm, or corporation desiring> may
24-9 <to submit> request the board to adopt a textbook published by the
24-10 person only by filing a bid <on a book for adoption shall make the
24-11 bid, by filing> with the commissioner of education. The bid must
24-12 be accompanied by five copies of each textbook <book> offered for
24-13 adoption <consideration,> and any <such> additional copies as
24-14 thereafter may be requested by the commissioner. Publisher's price
24-15 information as required in this section and as may be requested on
24-16 regular and special editions shall be printed, stamped, or pasted
24-17 in each copy of each textbook <book> filed with the commissioner of
24-18 education.
24-19 (c) The bid shall state the prices at which the textbook
24-20 <book> is offered to Texas, f.o.b. the city approved as the
24-21 shipping point for depositories, and the terms and conditions upon
24-22 which the textbook <book> will be furnished. The terms and
24-23 conditions must <shall> not <be in> conflict with <other provisions
24-24 of> this chapter of this code.
24-25 (d) The bids shall be submitted in two forms, one in which
25-1 is stated the allowance made for textbooks <books> then in use and
25-2 the property of the state or a school district when offered in
25-3 exchange for the new textbooks <books> to be adopted under this
25-4 code; the other without stating the allowance for presently owned
25-5 textbooks <books>, which would remain the property of the state or
25-6 appropriate school district. The allowance and condition for
25-7 exchange, if agreed to and accepted by the state, shall be enforced
25-8 only during the two scholastic years following a change in
25-9 textbooks <books>.
25-10 (e) Information which shall also be printed, stamped, or
25-11 pasted in each copy of each textbook <book> filed with the
25-12 commissioner of education shall be:
25-13 (1) a statement of the price at which the textbook
25-14 <book> or special editions are sold in other places under state or
25-15 county adoptions, and the minimum quantities in which it will be
25-16 sold at such prices;
25-17 (2) a statement of the publisher's catalogue price of
25-18 the textbook <book> or special editions, together with trade
25-19 discounts and the conditions under which, and the purchasers to
25-20 whom, such discounts are allowed, and the place of delivery; and
25-21 (3) a statement of the minimum wholesale price at
25-22 which the textbook <book> or special editions are sold f.o.b. the
25-23 shipping point of the publisher and the name of the shipping
25-24 point<;>.
25-25 SECTION 1.15. Chapter 12, Education Code, is amended by
26-1 adding Section 12.181, to read as follows:
26-2 Sec. 12.181. BIDS AND SAMPLE COPIES. (a) The governing
26-3 body of a school district may not contract to purchase a textbook
26-4 unless the governing body has received sample copies of the
26-5 textbook by the 30th day before the meeting at which the contract
26-6 is awarded.
26-7 (b) A person may request the governing body of a school
26-8 district to enter into a contract to purchase a textbook published
26-9 by the person only by filing a bid with the governing body. The
26-10 bid must include five copies of each textbook offered and any
26-11 additional copies as thereafter may be requested by the governing
26-12 body. Publisher's price information as required in this section
26-13 and as may be requested on regular and special editions shall be
26-14 printed, stamped, or pasted in each copy of each textbook filed
26-15 with the governing body.
26-16 (c) The bid shall state the prices at which the textbook is
26-17 offered, f.o.b. the city approved as the shipping point for
26-18 depositories, and the terms and conditions upon which the textbook
26-19 will be furnished. The terms and conditions must not conflict with
26-20 this chapter of this code.
26-21 (d) The bids must be submitted in two forms. The first form
26-22 must state the allowance made for textbooks then in use and the
26-23 property of the school district when offered in exchange for the
26-24 new textbooks to be adopted under this code. The other form must
26-25 omit any allowance for presently owned textbooks, which would
27-1 remain the property of the school district. The allowance and
27-2 condition for exchange, if agreed to and accepted by the school
27-3 district, shall be enforced only during the two scholastic years
27-4 following a change in textbooks.
27-5 (e) The following information must be printed, stamped, or
27-6 pasted in each copy of each textbook filed with the governing body:
27-7 (1) a statement of the price at which the textbook or
27-8 special editions are sold in other places under state or county
27-9 adoptions, and the minimum quantities in which it will be sold at
27-10 such prices;
27-11 (2) a statement of the publisher's catalogue price of
27-12 the textbook or special editions, together with trade discounts and
27-13 the conditions under which, and the purchasers to whom, such
27-14 discounts are allowed, and the place of delivery; and
27-15 (3) a statement of the minimum wholesale price at
27-16 which the textbook or special editions are sold f.o.b. the shipping
27-17 point of the publisher and the name of the shipping point.
27-18 SECTION 1.16. Subsections (a), (c), and (d), Section 12.19,
27-19 Education Code, are amended to read as follows:
27-20 (a) In compliance with the published notice of adoptions to
27-21 be made, each person<, firm, or corporation> submitting a bid or
27-22 bids on a textbook <book> or textbooks <books> for adoption shall
27-23 deposit with the treasurer of the State of Texas such sum of money
27-24 as the board <State Board of Education> may require, but not less
27-25 than $500 nor more than $2,500 according to the value of the
28-1 textbooks <books> each bidder may propose to supply.
28-2 (c) When any successful bidder has been awarded a contract
28-3 and has filed his bond and contract with the board <State Board of
28-4 Education> and they have been approved, the board <State Board of
28-5 Education> shall make an order on the treasurer of the state
28-6 reciting such facts, and the treasurer shall return the deposit of
28-7 such bidder to him.
28-8 (d) If any successful bidder fails to make and execute the
28-9 contract and bond as provided in this subchapter, the deposit made
28-10 by the successful bidder shall be forfeited to the state absolutely
28-11 and the treasurer shall place the deposit of the bidder in the
28-12 state treasury to the credit of the available school fund, and the
28-13 board <State Board of Education> may readvertise for other bids to
28-14 supply the textbook <book> or textbooks <books>.
28-15 SECTION 1.17. Chapter 12, Education Code, is amended by
28-16 adding Section 12.191, to read as follows:
28-17 Sec. 12.191. DEPOSITS WITH THE TREASURER OF A SCHOOL
28-18 DISTRICT. (a) In compliance with the published notice of textbook
28-19 purchase contracts under Section 12.13(b) of this code, each person
28-20 submitting a bid on a textbook for contract award shall deposit
28-21 with the treasurer of the appropriate school district the sum of
28-22 money required by the governing body of the school district. The
28-23 deposit may not be less than $500 or more than $2,500 according to
28-24 the value of the textbooks each bidder proposes to supply.
28-25 (b) The treasurer of a school district shall return the
29-1 deposit of an unsuccessful bidder after receiving certification
29-2 from the governing body of the school district that no contract has
29-3 been awarded on the bid for which the sum was deposited.
29-4 (c) When a successful bidder has been awarded a contract and
29-5 has filed his bond and contract with the governing body of the
29-6 school district and they have been approved, the governing body
29-7 shall order the treasurer of the school district to return the
29-8 bidder's deposit.
29-9 (d) If a successful bidder fails to make and execute the
29-10 contract and bond as provided in this subchapter, the deposit made
29-11 by the successful bidder is forfeited to the appropriate school
29-12 district. The treasurer of the school district shall place the
29-13 bidder's deposit in the district's treasury, and the governing body
29-14 of the school district may readvertise for other bids to supply the
29-15 textbook.
29-16 SECTION 1.18. Subsections (a), (b), and (d), Section 12.20,
29-17 Education Code, are amended to read as follows:
29-18 (a) Each person<, firm, or corporation> submitting a bid on
29-19 any textbook <book> or textbooks <books> for adoption shall file
29-20 with the commissioner of education on the day that the board <State
29-21 Board of Education> meets or within the last five days just
29-22 preceding the date on which the board meets, an affidavit executed
29-23 by the individual bidder or a member of the firm or the president
29-24 and secretary of the corporation bidding, setting forth all of the
29-25 facts with reference to the eligibility of the bidder to make a
30-1 proposal and to compliance by the bidder with antitrust regulations
30-2 under Section 12.22 of this code.
30-3 (b) In relation to a bidder's eligibility, an affidavit
30-4 filed must contain the following:
30-5 (1) the names of all persons employed to act for the
30-6 bidder, directly or indirectly, in any way whatsoever in securing
30-7 the contract or in the preparation of the bid or bids and
30-8 supporting documents, together with the addresses of such
30-9 individuals and the capacity in which each served;
30-10 (2) the names of any persons who may have at any time
30-11 during the preceding year received, either directly or indirectly,
30-12 any money or other thing of value from the bidder by way of
30-13 emolument for services rendered in this state, either directly or
30-14 indirectly, in securing or attempting to secure contracts for the
30-15 sale of textbooks <books> of the publisher or in promoting the sale
30-16 of such textbooks <books> to the State of Texas; and
30-17 (3) a statement that no member of the board <State
30-18 Board of Education or of the State Textbook Committee> is in any
30-19 way interested, directly or indirectly, in the person's
30-20 <individual, firm, or corporation> bidding.
30-21 (d) In the event any publisher, after filing the affidavit,
30-22 shall employ an attorney or other representative to assist in
30-23 securing the adoption of a textbook <award of a contract> by the
30-24 board <State Board of Education>, such employment shall be
30-25 disclosed to the board by filing a supplementary affidavit before
31-1 any textbook of <contract is awarded to> the publisher is adopted.
31-2 SECTION 1.19. Section 12.22, Education Code, is amended to
31-3 read as follows:
31-4 Sec. 12.22. Antitrust Regulations. (a) No textbook <book>
31-5 or textbooks may <books shall> be purchased from any person<, firm,
31-6 or corporation who> that is a member of or connected with any
31-7 trust.
31-8 (b) <(c)> The board shall require each person bidding on a
31-9 textbook purchase contract <State Board of Education shall also
31-10 require the corporations, persons, or firms> to file attested
31-11 copies of all written agreements entered into and existing between
31-12 the person <them> and others engaged in the textbook publishing
31-13 business.
31-14 SECTION 1.20. Subsections (a) and (c), Section 12.23,
31-15 Education Code, are amended to read as follows:
31-16 (a) The board <State Board of Education> shall meet at the
31-17 time and place mentioned in the public notice of adoptions to be
31-18 made, as specified in Section 12.17 of this code. The board shall
31-19 then and there open and examine the sealed proposals received.
31-20 (c) No bid shall be considered and no textbook <book> or
31-21 textbooks <books> shall be purchased from any person, firm, or
31-22 corporation who is a member of or connected with any trust, or if,
31-23 in the opinion of the board <State Board of Education>, the
31-24 affidavit, written agreements, or other facts presented in
31-25 compliance with the terms of Section 12.22 of this code are
32-1 violations of the antitrust laws of the State of Texas or opposed
32-2 to public policy.
32-3 SECTION 1.21. Chapter 12, Education Code, is amended by
32-4 adding Section 12.231 to read as follows:
32-5 Sec. 12.231. AWARD OF TEXTBOOK PURCHASE CONTRACTS. (a) The
32-6 governing body of a school district shall meet at the time and
32-7 place specified in the public notice of intention to award a
32-8 textbook contract that the governing body provided under Section
32-9 12.13(b) of this code. At the meeting, the governing body shall
32-10 open and examine the sealed proposals received.
32-11 (b) The governing body of a school district may not award a
32-12 textbook purchase contract to:
32-13 (1) a person who has not filed the affidavit required
32-14 by Section 12.201 of this code;
32-15 (2) a person who is a member of or connected with a
32-16 trust; or
32-17 (3) a person if the governing body determines that the
32-18 person's affidavit does not comply with Section 12.201 of this
32-19 code.
32-20 SECTION 1.22. Section 12.24, Education Code, is amended to
32-21 read as follows:
32-22 Sec. 12.24. SELECTION AND ADOPTION. (a) The board <State
32-23 Board of Education> shall adopt rules to provide for a full and
32-24 complete investigation of all textbooks <books> and accompanying
32-25 bids and for an opportunity for members of the public to comment in
33-1 regard to textbook content or in support of or against any textbook
33-2 presented. In all substantive and procedural matters relating to
33-3 the textbook adoption process, all persons submitting written
33-4 and/or oral commentary shall receive equal treatment. The
33-5 textbooks shall be selected and adopted after a careful examination
33-6 and consideration of all textbooks <books> presented.
33-7 (b) The textbooks <books> selected and adopted shall be
33-8 those which in the opinion of the board are most acceptable for use
33-9 in the schools. Quality, mechanical construction, paper, print,
33-10 price, authorship, literary merit, and other relevant matters shall
33-11 be given such weight in making the decisions as the board may deem
33-12 advisable.
33-13 <(c) No textbook shall be adopted until it has been read
33-14 carefully and examined by at least a majority of the appropriate
33-15 subject area committee of the State Textbook Committee.>
33-16 (c) <(d)> The board <State Board of Education> shall proceed
33-17 to adopt for use in the public schools of this state textbooks on
33-18 all branches authorized by this chapter.
33-19 (d) <(e)> If no textbooks <texts> on any prescribed subject
33-20 are submitted by any particular publisher or publishers that meet
33-21 the requirements of the schools, as may be determined by the board,
33-22 then it shall be the duty of the board to instruct the commissioner
33-23 of education to investigate the textbook <book> market for the
33-24 purpose of securing bids with a view of providing, at the most
33-25 reasonable price or prices possible, the best available textbooks
34-1 <texts> on subjects that are to be adopted by the board for the
34-2 schools of Texas.
34-3 (e) <(f)> Textbooks adopted by the board <State Board of
34-4 Education> that contain information about alcohol or other drugs
34-5 must:
34-6 (1) clearly and consistently promote nonuse of alcohol
34-7 or other drugs in a manner that is appropriate for the age of
34-8 students at the grade level for which the textbook is adopted;
34-9 (2) clearly and consistently state the addictive,
34-10 illegal nature of alcohol or other drugs; and
34-11 (3) emphasize the health and general welfare benefits
34-12 of the nonuse of alcohol or other drugs.
34-13 SECTION 1.23. Chapter 12, Education Code, is amended by
34-14 adding Section 12.241 to read as follows:
34-15 Sec. 12.241. EVALUATION OF TEXTBOOKS. (a) The governing
34-16 body of a school district shall adopt orders that provide:
34-17 (1) for the full evaluation of each textbook and
34-18 accompanying bid; and
34-19 (2) equal opportunity for the public to comment about,
34-20 support, or oppose each textbook in writing or orally.
34-21 (b) The governing body of a school district may award a
34-22 purchase contract only for a textbooks that the governing body
34-23 determines are most acceptable for use in the district's schools.
34-24 The governing body shall give the quality, mechanical construction,
34-25 paper, print, price, authorship, literary merit, and other
35-1 attributes of the textbooks the weight the governing body deems
35-2 advisable.
35-3 (c) If no texts on any prescribed subject are submitted by
35-4 any particular publisher or publishers that meet the requirements
35-5 of the governing body of a school district, as determined by the
35-6 governing body, then the governing body shall request the
35-7 commissioner of education to investigate the textbook market for
35-8 the purpose of securing bids with a view of providing, at the most
35-9 reasonable price or prices possible, the best available texts on
35-10 subjects that are to be adopted by the governing body.
35-11 (d) Textbooks adopted by the governing body of a school
35-12 district that contain information about alcohol or other drugs
35-13 must:
35-14 (1) clearly and consistently promote nonuse of alcohol
35-15 or other drugs in a manner that is appropriate for the age of
35-16 students at the grade level for which the textbook is adopted;
35-17 (2) clearly and consistently state the addictive,
35-18 illegal nature of alcohol or other drugs; and
35-19 (3) emphasize the health and general welfare benefits
35-20 of the nonuse of alcohol or other drugs.
35-21 SECTION 1.24. Section 12.25, Education Code, is amended to
35-22 read as follows:
35-23 Sec. 12.25. Maximum Price. The maximum price the governing
35-24 body of a school district may <which the State Board of Education
35-25 shall> contract to pay, f.o.b. the city approved as the shipping
36-1 point for depositories, for any textbooks <books> to be used in the
36-2 district's public schools may <of this state shall> not exceed the
36-3 minimum price at which the publisher sells the textbook <book> in
36-4 wholesale quantities, f.o.b. the publisher's publishing house,
36-5 after all discounts have been deducted. Any contract made for the
36-6 purchase of textbooks <books> for use in the district's public
36-7 schools <of Texas> at a higher price than the maximum price fixed
36-8 by the preceding sentence of this section is <shall be> void.
36-9 SECTION 1.25. Section 12.251, Education Code, is amended to
36-10 read as follows:
36-11 Sec. 12.251. Price Evaluation and Limitation. (a) The
36-12 Central Education Agency shall develop a system for the evaluation
36-13 of price increases for textbooks. The agency shall solicit
36-14 information from the publishing industry to accurately estimate the
36-15 costs of adopting textbooks <books> in a subject area. The
36-16 information may include the effect of inflation and the effect of
36-17 changes in agency policy and requirements.
36-18 (b) If the price of textbooks for a subject area
36-19 significantly exceeds the projected costs for textbooks in that
36-20 subject area, the board <State Board of Education> may set a price
36-21 limit that the board considers appropriate for those textbooks. A
36-22 contract for textbooks at a higher price than the price limit set
36-23 by the board under this section is void.
36-24 SECTION 1.26. Subsections (a), (b), and (d), Section 12.26,
36-25 Education Code, are amended to read as follows:
37-1 (a) The bidder to whom any contract is <may have been>
37-2 awarded shall execute a good and sufficient bond payable to the
37-3 school district that awarded the contract <State of Texas>. The
37-4 bond shall be in an amount which the governing body of the school
37-5 district <State Board of Education> deems advisable but not less
37-6 than $2,500 for each textbook adopted by the governing body <State
37-7 Board of Education for use in the public schools of the state>. To
37-8 be valid, the <The> bond must <shall> be approved by the governing
37-9 body <State Board of Education> and must <shall> be conditioned on
37-10 <that> the contractor faithfully performing <shall faithfully
37-11 perform> all the conditions of the contract.
37-12 (b) For the purpose of securing satisfactory bond a series
37-13 of pamphlet writing textbooks <books> shall be considered as one
37-14 textbook, a series of pamphlet drawing textbooks <books> shall be
37-15 considered as one textbook, and a series of band, chorus, or
37-16 orchestra pamphlet-type textbooks <books> shall be considered as
37-17 one textbook.
37-18 (d) The governing body of a school district <State Board of
37-19 Education> may, at any time, on 20 days' notice, require a new bond
37-20 to be given and in the event the contractor shall fail to furnish
37-21 new bond, the contract of the contractor may, at the option of the
37-22 governing body <State Board of Education>, be forfeited.
37-23 SECTION 1.27. Section 12.27, Education Code, is amended to
37-24 read as follows:
37-25 Sec. 12.27. Preparation and Execution of Contract and Bond.
38-1 (a) The contract and bond must <shall> be prepared by appropriate
38-2 legal counsel for the school district <the attorney general,> and
38-3 must be payable in the county or counties encompassed by the
38-4 district <Travis County, Texas, and shall>. The bond must be
38-5 deposited in the central office of the school district <secretary
38-6 of state>.
38-7 (b) Each contract shall be duly signed by the publishing
38-8 house or its authorized officers and agents; and if it is found to
38-9 be in accordance with all the provisions of this chapter, and if
38-10 the bond required by this chapter is presented and duly approved,
38-11 the governing body of the school district <State Board of
38-12 Education> shall approve the contract and order it to be signed by
38-13 the head <on behalf> of the governing body <board by the chairman>.
38-14 (c) All contracts shall be made in duplicate, one copy to
38-15 remain in custody of the central office of the school district
38-16 <secretary of state> and be copied or appear reproduced in full in
38-17 the minutes of the meeting of the governing body of the school
38-18 district <State Board of Education> in a well-bound book, and the
38-19 other copy to be delivered to the company or its agent.
38-20 SECTION 1.28. Section 12.28, Education Code, is amended to
38-21 read as follows:
38-22 Sec. 12.28. Provisions for Updating Books. (a) Every
38-23 contract shall contain a provision that the governing body of the
38-24 school district <State Board of Education may>, during the life of
38-25 the contract, on giving one year's previous notice to the
39-1 publishers of the textbook <book> or textbooks <books>, order the
39-2 changes, amendments, and additions to the textbook <book> or
39-3 textbooks <books> so selected and adopted as in the discretion of
39-4 the governing body <board> shall keep them up-to-date and abreast
39-5 of the times. Such revisions shall not be made more often than at
39-6 two-year intervals.
39-7 (b) If in the judgment of the governing body of a school
39-8 district <State Board of Education> changes or revisions make it
39-9 impractical for the revised textbooks <books> to be used in the
39-10 same class with the old textbooks <books>, the publishers shall be
39-11 required to give the same exchange terms as were given when the
39-12 textbooks <books> were first adopted, and the exchange period shall
39-13 extend two years from the time the revised textbooks <books> are
39-14 first put into use in the schools.
39-15 (c) Nothing in this section shall be construed to give the
39-16 governing body of a school district <State Board of Education>
39-17 power or authority to abandon any textbook <book> or textbooks
39-18 <books> originally contracted for.
39-19 SECTION 1.29. Section 12.29, Education Code, is amended to
39-20 read as follows:
39-21 Sec. 12.29. Other Contract Provisions. (a) The board
39-22 <State Board of Education> shall specify the duration of <time of>
39-23 all textbook purchase <adoption> contracts entered into by school
39-24 districts<, which shall be for a period the board may determine but
39-25 not to exceed six years>.
40-1 (b) The right to exclusive use of new textbooks <books>
40-2 during the first three years of the term of any contract shall be
40-3 waived by the contracting publishers to provide for the gradual
40-4 introduction of new textbooks <books>.
40-5 (c) No contract shall ever be made that binds a school
40-6 district <the state> to buy a specific number of a specific
40-7 textbook <quantity of textbooks>, but all contracts shall be for
40-8 such textbooks <books> as the district <state> may need.
40-9 (d) Each contract shall authorize <provide> or be construed
40-10 to authorize that any textbook <book> adopted in the contract <by
40-11 the State Board of Education> may be sold by the publisher
40-12 designated depository to any person<, or to private and/or
40-13 parochial schools, or state institutions of this state> at the same
40-14 rate and discount as those granted to the school district <state>,
40-15 provided advance payment accompanies the purchase.
40-16 (e) Each contract shall contain a clause to the effect that,
40-17 if the contract is cancelled by reason of fraud, collusion, or
40-18 material breach, the full amount of the bond given by the
40-19 contractor is <shall be considered as> liquidated damages to be
40-20 recovered out of the bond by the school district <state> at the
40-21 suit of appropriate legal counsel <the attorney general>.
40-22 SECTION 1.30. Section 12.30, Education Code, is amended to
40-23 read as follows:
40-24 Sec. 12.30. Announcement of Adoption. (a) As soon as the
40-25 board <State Board of Education> has adopted a textbook <entered
41-1 into the contract for the furnishing of books> for the public
41-2 schools of this state under the provisions of this chapter, <it
41-3 shall be duty of> the board shall <to> issue its proclamations of
41-4 such facts to the people of the state.
41-5 (b) As soon as practical after the adoption of the textbooks
41-6 provided for in this chapter, the commissioner of education shall
41-7 address to the county superintendents and to the presidents of the
41-8 school boards in independent school districts and to the presidents
41-9 of school boards in common school districts having 300 or more
41-10 scholastic population a circular letter which shall contain a list
41-11 of all the textbooks <books> and such other information as he may
41-12 deem advisable.
41-13 SECTION 1.31. Section 12.31, Education Code, is amended to
41-14 read as follows:
41-15 Sec. 12.31. Central Depositories. (a) All <Except as
41-16 provided by Section 12.311 of this code, all> parties with whom
41-17 existing book contracts have been or hereafter may be made shall
41-18 establish or designate a depository in one or more cities of this
41-19 state <State> approved by the board <State Board of Education> as
41-20 the shipping points for depositories, where a stock of their goods
41-21 to supply all immediate demands shall be kept. All contractors not
41-22 maintaining their own separate or individual depository shall
41-23 designate and/or maintain a joint agency or depository in a city of
41-24 this state <State> approved by the board <State Board> as the
41-25 shipping point for depositories. At each <such> approved
42-1 depository each contractor joining in such joint depository shall
42-2 keep on hand a sufficient stock of textbooks <books> to supply the
42-3 schools of the state <State>.
42-4 (b) The designation of any depository(ies) for purposes as
42-5 required in above subsection (a), and/or any change thereof shall
42-6 be subject to the approval of the board <State Board of Education>.
42-7 SECTION 1.32. Section 12.32, Education Code, is amended to
42-8 read as follows:
42-9 Sec. 12.32. Enforcement of Contracts. (a) Any person<,
42-10 firm, or corporation> with whom a contract has been entered into
42-11 under the provisions of this chapter, shall designate the secretary
42-12 of state of Texas as its agent, on whom citation shall be served,
42-13 and all other writs and processes, in the event any suit shall be
42-14 brought against the person<, firm, or corporation>.
42-15 (b) The superintendent of a school district <commissioner of
42-16 education> shall carefully label and file away the copies of
42-17 textbooks <books> adopted as furnished for examination to the
42-18 governing body of the school district <State Board of Education;>.
42-19 The <the> copies must be kept <shall be> securely <kept>, and the
42-20 standard of quality and mechanical excellence of the textbooks
42-21 <books so> furnished under the contract must <shall> be maintained
42-22 during the continuance of the contract.
42-23 (c) Complaints regarding textbook service or quality shall
42-24 be made both to the superintendent of the school district
42-25 <commissioner of education> and to the <state> depository
43-1 designated by the contractor of the textbooks <books> or to the
43-2 contractor if no depository is designated. If <In the event> a
43-3 complaint does not receive reasonable prompt attention, the
43-4 complaint shall be taken to the county judge, who shall report the
43-5 fact to appropriate legal counsel <the attorney general>. The
43-6 legal counsel <attorney general> shall bring suit on account of the
43-7 failure in the name of the school district <State of Texas> in a
43-8 district court of a county encompassed by the district <Travis
43-9 County>, and shall recover on the bond given by the contractor for
43-10 the full value of the textbooks <books> not furnished as required,
43-11 and an additional sum of $100. Each day of failure to furnish the
43-12 textbooks <books> constitutes <shall constitute> a separate
43-13 offense. The amounts <so> recovered under this subsection shall be
43-14 deposited in the treasury of the school district <placed to the
43-15 credit of the state textbook fund>.
43-16 SECTION 1.33. Section 12.33, Education Code, is amended to
43-17 read as follows:
43-18 Sec. 12.33. Cancellation of Contracts. (a) Any contract
43-19 entered into under <the provisions of> this chapter may be
43-20 cancelled by the governing body of a school district <state> in a
43-21 suit instituted by appropriate legal counsel <the attorney general>
43-22 for fraud, or collusion, or material breach of the contract by:
43-23 (1) any <on the part of either> party to the contract;
43-24 (2) <or> any member of the governing body <State Board
43-25 of Education>;
44-1 (3) <or> any person<, firm, or corporation, or their
44-2 agents> making the bond or contract; or
44-3 (4) any agent of any person making the bond or
44-4 contract.
44-5 (b) For the cancellation of any <such> contract under this
44-6 section, appropriate legal counsel may <the attorney general is
44-7 authorized to> bring suit in the proper court of the county or
44-8 counties encompassed by the canceling school district <Travis
44-9 County>.
44-10 (c) When a (<In case of the cancellation of any> contract is
44-11 canceled under this section <as provided for>, the damages must be
44-12 at least <shall be fixed at not less than> the amount of the bond,
44-13 to be recovered as liquidated damages in the same suit canceling
44-14 the contract. Because of the difficulty of determining the damages
44-15 that might accrue by reason of fraud, collusion, or material
44-16 breach, and cancellation of a contract, the full amount of the bond
44-17 given by the contractor shall be considered as liquidated damages
44-18 to be recovered by the school district <state> at the suit of
44-19 appropriate legal counsel <the attorney general>.
44-20 (d) If <In the event> it is established that any antitrust
44-21 regulation as specified in Section 12.22 of this code has been
44-22 violated, the violation constitutes <shall be held to be> fraud and
44-23 collusion. Appropriate<, and> legal counsel <the attorney general>
44-24 shall bring suit on the bond of the violator <that person, firm, or
44-25 corporation,> and, on proof of violation, shall recover the
45-1 liquidated damages <as> provided <for> in this section.
45-2 SECTION 1.34. Section 12.34, Education Code, is amended to
45-3 read as follows:
45-4 Sec. 12.34. CONTINUING OR DISCONTINUING TEXTBOOK ADOPTIONS
45-5 <TEXTBOOKS>. (a) The <It shall be the duty of the> board shall
45-6 <State Board of Education to> meet annually at a date to be
45-7 specified in the public notice required by Section 12.17<,> of this
45-8 code <Texas Education Code,> and at <such> other times the board
45-9 deems <as it may deem> necessary for the purpose of considering the
45-10 advisability of continuing or discontinuing, at the expiration of
45-11 each current textbook adoption period <contract>, any or all of the
45-12 state-adopted textbooks in the public schools of Texas and for
45-13 making such adoptions as are provided for in this chapter.
45-14 (b) Adoptions for the total number of different textbooks
45-15 must <texts shall> be <so> arranged so that adoptions <contracts>
45-16 on not more than one-sixth of the total number of different basal
45-17 subjects <shall> expire in any one year or are <shall be> changed
45-18 in any one year. Adoptions for textbooks must <texts shall> be
45-19 arranged so that not more than one of the elementary level basal
45-20 subjects of reading, mathematics, language arts, science, and
45-21 social studies, expires in any one year or is changed in any one
45-22 year. The series of pamphlet textbooks <books> referred to in
45-23 Section 12.26(b) of this code shall each be considered as one
45-24 textbook <book>.
45-25 (c) Before making any change in the adopted series, the
46-1 board shall, on thorough investigation, satisfy itself that a
46-2 change is necessary for the best interest of the school children
46-3 <and that such change is consistent with financial economy>.
46-4 (d) Before the board shall determine to displace a textbook
46-5 <any book> on which the adoption <contract> is expiring, it must
46-6 <shall>, before making a new adoption <contract> for a new textbook
46-7 <text>, ascertain <through the office of the commissioner of
46-8 education> the number of usable textbooks <books> of the kind on
46-9 which the adoption <contract> has expired or is about to expire,
46-10 there are on hand, and also the estimated number of textbooks
46-11 <books> that would be required to supply the needs of the schools
46-12 of the state using the textbooks <books> for the first, second, and
46-13 third years immediately succeeding the expiration of the adoption
46-14 of <contract on> the textbooks <books>. The purpose of furnishing
46-15 such an estimate of the number of textbooks <books> needed shall be
46-16 to give the textbook publishers only an approximation as to the
46-17 possible quantity of textbooks <books> which the state may need,
46-18 but the state shall not be bound to any specific quantity.
46-19 (f) The board shall then secure from the publisher of the
46-20 textbook <book> on which the adoption period <contract> has expired
46-21 or is about to expire a bid or offer for the furnishing of such
46-22 textbooks to meet the actual necessities of the schools of the
46-23 state during the first-, second-, and/or third-year period,
46-24 allowing the state, however, a margin of 25 percent over, or 25
46-25 percent under, the estimated number to be required.
47-1 (g) If, upon consideration of the cost of the textbooks
47-2 <books> required to supply such needs for such a period, it appears
47-3 to the board that it will be economical to do so, it may adopt
47-4 <make a contract with such publishers to furnish> the textbooks for
47-5 delivery <such books> during said first-, second-, and/or
47-6 third-year period with a view to using up the entire supply of such
47-7 textbooks <books> on hand instead of wasting them <the same> at the
47-8 expiration of the original adoption period <contract>. At the
47-9 expiration of the period, the board shall then adopt <make a
47-10 contract for> a textbook on the subject.
47-11 (h) Unless new textbooks better suited to the requirements
47-12 of the schools are offered to supplant existing textbooks <at a
47-13 price and> in quality satisfactory to the board, the board shall
47-14 renew the existing adoptions <contracts> for such period that the
47-15 board deems <as may be deemed> advisable <not to exceed a period of
47-16 six years>.
47-17 <(i) Whenever the contractor supplying any book agrees to
47-18 renew the contract on the same terms for a period of not less than
47-19 two years nor more than six years, the members of the State Board
47-20 of Education shall give preference to the offer of the company
47-21 holding the contract if they shall thereby secure as good or better
47-22 books at a lower price than by making a different contract.>
47-23 (i) <(j)> The <It shall always be lawful for the> board
47-24 always has discretion to renew a textbook adoption <contract> on
47-25 the <such> terms that the board determines are in <its judgment may
48-1 be for> the best interest of the state.
48-2 <(k) To insure that current material is always available to
48-3 the schoolchildren of Texas and to enable the development of
48-4 material in an orderly and efficient manner, the State Board of
48-5 Education shall develop and implement a balanced adoption cycle for
48-6 proclamation of needs for textbooks and other instructional
48-7 materials. At a minimum, the adoption cycle shall:>
48-8 <(1) extend over a period not to exceed six years,
48-9 determined by the State Board of Education to be the most
48-10 beneficial and desirable time span to meet the textbook needs of
48-11 Texas public schools;>
48-12 <(2) be planned on the basis of a cost to the state of
48-13 not less than $15 per scholastic population for the first year of
48-14 the cycle and adjusted thereafter to account for increasing costs
48-15 due to inflation of the economy;>
48-16 <(3) be so arranged that the total cost of new
48-17 adoptions shall be approximately equal for each year of the
48-18 proposed cycle, except as adjusted for increasing costs and a
48-19 growing scholastic population;>
48-20 <(4) be all-inclusive of all subjects required by
48-21 statute or by the State Board of Education to be used in the public
48-22 school system of Texas during the period of time encompassed by the
48-23 cycle;>
48-24 <(5) be developed in such a manner that it will
48-25 operate on a continuing basis so that providers of textbooks and
49-1 other instructional materials shall be kept advised in advance of
49-2 the subjects to be called for adoption each year; and>
49-3 <(6) provide that except under emergency conditions
49-4 deemed necessary by the State Board of Education, all changes or
49-5 amendments in the cycle shall be made in such manner and at such
49-6 time as to give notice of the change to the providers of textbooks
49-7 and other instructional materials as far in advance as possible.>
49-8 SECTION 1.35. Chapter 12, Education Code, is amended by
49-9 adding Section 12.341 to read as follows:
49-10 Sec. 12.341. CONTINUING OR DISCONTINUING TEXTBOOK PURCHASE
49-11 CONTRACTS. (a) The governing body of a school district shall meet
49-12 annually at a date to be specified in the public notice required by
49-13 Section 12.13(b) of this code and at other times the governing body
49-14 deems necessary to consider the continuance or discontinuance of a
49-15 textbook purchase contract at the expiration of the contract.
49-16 (b) The governing body of a school district shall schedule
49-17 the award of textbook purchase contracts and their duration so
49-18 that:
49-19 (1) contracts on not more than one-sixth of the total
49-20 number of different basal subjects expire in any year or are
49-21 changed in any year; and
49-22 (2) contracts for not more than one of the elementary
49-23 level basal subjects of reading, mathematics, language arts,
49-24 science, and social studies expire in any year or are changed in
49-25 any year.
50-1 (c) For the purpose of Subsection (b)(2) of this section,
50-2 the series of pamphlet textbooks referred to in Section 12.26(b) of
50-3 this code are one textbook.
50-4 (d) Before discontinuing a textbook purchase contract, the
50-5 governing body of a school district must satisfy itself that the
50-6 discontinuance is necessary for the best interest of the school
50-7 children and that the change is consistent with financial economy.
50-8 (e) Before the governing body of a school district may adopt
50-9 an order to discontinue a textbook purchase contract, it must,
50-10 before making a new contract for a new textbook, ascertain the
50-11 number of usable textbooks of the kind on which the contract has
50-12 expired or is about to expire, there are on hand, and also the
50-13 estimated number of textbooks that would be required to supply the
50-14 needs of the schools of the district using the textbooks for the
50-15 first, second, and third years immediately succeeding the
50-16 expiration of the contract on the textbooks. The purpose of
50-17 furnishing such an estimate of the number of textbooks needed shall
50-18 be to give the textbook publishers only an approximation as to the
50-19 possible quantity of textbooks which the district may need, but the
50-20 district is not bound to any specific quantity.
50-21 (f) The governing body of a school district shall then
50-22 secure from the publisher of the textbook on which the contract has
50-23 expired or is about to expire a bid or offer for the furnishing of
50-24 textbooks to meet the actual necessities of the district's schools
50-25 during the first-, second-, and/or third-year period, allowing the
51-1 district, however, a margin of 25 percent over, or 25 percent
51-2 under, the estimated number to be required.
51-3 (g) If, upon consideration of the cost of the textbooks
51-4 required to supply the school district's needs for such a period,
51-5 it appears to the governing body of the school district that it
51-6 will be economical to do so, it may make a contract with the
51-7 publishers to furnish the textbooks during said first-, second-,
51-8 and/or third-year period with a view to using up the entire supply
51-9 of textbooks on hand instead of wasting them at the expiration of
51-10 the original contract. At the expiration of the period, the
51-11 governing body shall then make a contract for a textbook on the
51-12 subject.
51-13 (h) Unless new textbooks better suited to the requirements
51-14 of the schools are offered to supplant existing textbooks at a
51-15 price and in quality satisfactory to the governing body of a school
51-16 district, the governing body shall renew the existing contracts for
51-17 the period that the governing body deems advisable.
51-18 (i) Whenever the contractor supplying any textbook agrees to
51-19 renew the contract on the same terms for a period of not less than
51-20 two years, the governing body of a school district shall give
51-21 preference to the offer of the company holding the contract if the
51-22 preference would secure as good or better textbooks at a lower
51-23 price than by making a different contract.
51-24 (j) The governing body of a school district always has
51-25 discretion to renew a contract on the terms that the governing body
52-1 determines are in the best interest of the district.
52-2 SECTION 1.36. Section 12.35, Education Code, is amended to
52-3 read as follows:
52-4 Sec. 12.35. Purchase and Distribution. (a) A school
52-5 district shall purchase textbooks with funds allocated and
52-6 transferred to the district under Section 12.02 of this code and
52-7 with other available funds. The purchase and distribution of free
52-8 textbooks for a school district is <the state shall be> under the
52-9 management of the governing body of the school district
52-10 <commissioner of education, subject to the approval of the State
52-11 Board of Education>. However, the governing body of the school
52-12 district may not adopt any purchasing or distribution procedures
52-13 that conflict with a rule adopted by the board.
52-14 (b) One copy of each textbook used in the work taught by the
52-15 teacher shall be issued by the governing body of a school district
52-16 <trustees>, or its designees <their representatives>, to each
52-17 teacher as a desk copy. These textbooks must <books shall> be
52-18 returned to the governing body <trustees> or its designees <their
52-19 representatives> at the close of the session.
52-20 (c) Textbooks <Books> purchased in accordance with <the
52-21 terms of> this chapter must <shall> be delivered to the school
52-22 districts f.o.b. the Texas depository of the publisher <or as
52-23 provided under Section 12.311 of this code> and shall be shipped by
52-24 freight, parcel post, or express, as may be set out in the
52-25 applicable contract <requisition>.
53-1 (d) If it is necessary for a publisher that designates a
53-2 depository or for the depository to prepay any shipping charge, it
53-3 shall be repaid by the school district <state>, in the same manner
53-4 that the textbooks <books> are paid for, and in addition to the
53-5 bill for textbooks <books>.
53-6 (e) The governing body of a school district <State
53-7 Department of Education> may direct the route by which textbooks
53-8 are <books shall be> shipped to the district.
53-9 (f) Bills for textbooks purchased by a school district under
53-10 <the state on requisitions as provided for in> this chapter shall
53-11 be paid <by> in accordance with procedures adopted by the district
53-12 for the payment of district obligations <warrants on the state
53-13 treasury made by the state comptroller of public accounts on
53-14 receipt of bills approved by the commissioner of education>. A
53-15 school district <The payment> shall pay for textbooks <be made>
53-16 within 90 days from date of delivery, and if payment is delayed
53-17 thereafter, a six percent per annum interest charge shall be added
53-18 until date of payment.
53-19 (g) Any person<, school not controlled by the state, state
53-20 institution, or dealer in any county in the state> may order
53-21 textbooks <books> from the state depository designated by the
53-22 publisher, and the textbooks <books> so ordered shall be furnished
53-23 at the same rate and discount as are granted to the state, but in
53-24 that case the designated depository may require that the price of
53-25 textbooks <books> so ordered shall be paid in advance.
54-1 SECTION 1.37. (a) Chapter 12, Education Code, is amended by
54-2 transferring Sections 12.61, 12.63, 12.65, 12.66, and 12.67, as
54-3 amended by this article, to Subchapter B of that chapter.
54-4 (b) The designation of Subchapter C, Chapter 12, Education
54-5 Code, is repealed.
54-6 SECTION 1.38. Section 12.61, Education Code, is amended to
54-7 read as follows:
54-8 Sec. 12.61. ATTENDANCE REPORTS <REQUISITIONS>. (a) On the
54-9 first school day of April each teacher shall report the maximum
54-10 attendance of each of his grade levels taught, to the school
54-11 principal or superintendent, if any, or to the county
54-12 superintendent.
54-13 (b) Within one week subsequent to the first school day in
54-14 April compiled reports as to the maximum attendance for the school
54-15 shall be made by the principal to the superintendent or, if there
54-16 is no district superintendent, the report shall be made to the
54-17 county superintendent having jurisdiction of the district.
54-18 (c) Each superintendent of an independent school district,
54-19 and each principal of a school district classified as common having
54-20 a scholastic population of 300 or more <and electing to have its
54-21 books requisitioned and distributed directly to the district,>
54-22 shall compile maximum attendance reports and make such reports to
54-23 the commissioner of education.
54-24 <(d) Each county superintendent shall compile reports of the
54-25 schools classified as common and under his jurisdiction (except for
55-1 those electing to requisition directly as provided in Subsection
55-2 (c) of this section), and make a report to the commissioner of
55-3 education.>
55-4 <(e) Books needed as reported in Subsection (d) of this
55-5 section shall be requisitioned and distributed entirely through the
55-6 office of the county superintendent. However, any school district
55-7 classified as common with a scholastic population of 300 or more
55-8 may elect to have its books requisitioned and distributed in the
55-9 same manner as are those for independent school districts. The
55-10 duties of the county superintendent with reference to the care and
55-11 distribution of textbooks shall be subject to the approval of the
55-12 county school board and the commissioner of education.>
55-13 (d) <(f)> Reports as to the maximum attendance of each
55-14 school shall be made to the commissioner of education as prescribed
55-15 in Subsection <Subsections> (c) <and (d)> of this section not later
55-16 than April 25 of each year. Blank forms for such reports <and for
55-17 the requisition of textbooks> shall be prepared and furnished by
55-18 the State Department of Education.
55-19 <(g) Requisition for textbooks for a subsequent session
55-20 shall be based on the reports of the maximum number of scholastics
55-21 in attendance during the preceding school session, plus an
55-22 additional 10 percent, except as otherwise provided. Requisitions
55-23 shall be made through the commissioner of education and furnished
55-24 by him to the state depository designated by contractors of books
55-25 not later than June 1 of each year; but in cases of unforeseen
56-1 emergency the designated state depository shall fill orders for
56-2 books on requisition approved by the State Department of Education.>
56-3 <(h) Requisitions for textbooks shall be delivered to the
56-4 county superintendent by each principal or superintendent of those
56-5 school districts whose books are requisitioned and distributed
56-6 through the county superintendent.>
56-7 <(i) Requisitions for supplementary readers and other
56-8 textbooks may be made at convenient times during the session and
56-9 should be made within one month in advance of the time the books
56-10 will be needed.>
56-11 SECTION 1.39. Section 12.63, Education Code, is amended to
56-12 read as follows:
56-13 Sec. 12.63. Title, Custody, and Disposition. (a) After
56-14 purchase according to the provisions of this chapter, all textbooks
56-15 are and shall remain the property of the purchasing school district
56-16 <State of Texas>.
56-17 (b) The board may adopt specific <Specific> rules about <as
56-18 to> the <requisition,> distribution, care, use, and disposal of
56-19 textbooks <books may be adopted by the State Board of Education>.
56-20 The board's <Such> rules may <shall> not conflict with <the
56-21 provisions of> this code.
56-22 (c) Textbooks shall be subject to inspection by any agent or
56-23 inspector authorized by those having charge of the local textbook
56-24 service or authorized by the commissioner of education subject to
56-25 approval of the board <State Board of Education>.
57-1 <(d) The commissioner of education with the approval of the
57-2 State Board of Education may provide for the disposition of those
57-3 textbooks which are no longer in fit condition to be used for
57-4 instruction purposes, or for the disposition of discarded books
57-5 remaining the property of the state. In case of the disuse of
57-6 books in fair condition, inspectors of the State Department of
57-7 Education may require continuance of their use.>
57-8 (d) <(e)> The governing body <school trustees> of a <each>
57-9 school district may <shall be designated as the legal custodians of
57-10 the books and shall have the power to> make necessary <such>
57-11 arrangements for the distribution of textbooks <books> to <the>
57-12 pupils as the governing body deems <they may deem> most effective
57-13 and economical. However, the arrangements may not conflict with a
57-14 rule adopted by the board.
57-15 <(f) Pursuant to rules and regulations promulgated by the
57-16 State Board of Education, the commissioner of education shall make
57-17 available on request copies of discontinued textbooks for use in
57-18 libraries maintained in city and county jails, institutions within
57-19 the Department of Corrections, and other state agency
57-20 institutions.>
57-21 (e) <(g)> A <The State Board of Education shall adopt rules
57-22 under which a> school district may donate discontinued textbooks
57-23 <books> to a student, to an adult education program, or to a
57-24 nonprofit organization.
57-25 SECTION 1.40. Section 12.65, Education Code, is amended to
58-1 read as follows:
58-2 Sec. 12.65. Distribution; Handling. (a) The governing body
58-3 of a school district <school trustees> may delegate, under <such>
58-4 terms determined by the governing body <as they deem best>, to
58-5 <their> employees of the district the power to <requisition and>
58-6 distribute <books> and <to> manage textbooks <books> in accordance
58-7 with<, but such delegations of authority shall not be at variance
58-8 with the provisions of> this code <or with the rules for free
58-9 textbooks adopted by the State Board of Education>.
58-10 (b) All textbooks <books> shall have on one inside cover a
58-11 printed label stating that the textbook <book> is the property of
58-12 the appropriate school district <state>. School districts
58-13 <Schools> shall number all textbooks <books>, placing the number on
58-14 the printed label. Teachers shall keep a record of the number of
58-15 all textbooks <books> issued to each pupil. Books must be covered
58-16 by the pupil under the direction of the teacher. Books must be
58-17 returned to the teacher at the close of the session or when the
58-18 pupil withdraws from school.
58-19 (c) Each pupil, or the pupil's parent or guardian, is
58-20 responsible to the teacher for all textbooks <books> not returned
58-21 by the pupil, and any pupil failing to return all textbooks <books>
58-22 shall forfeit the right to free textbooks until the textbooks
58-23 <books> previously issued but not returned are paid for by the
58-24 parent or guardian. Under circumstances determined by the
58-25 governing body of a school district <board of trustees>, the <a
59-1 school> district may waive or reduce the payment requirement if the
59-2 student is from a family of low income. The school district may
59-3 provide for a method of payment other than a lump-sum payment of
59-4 the full price of the textbook <book>. The school district shall
59-5 allow the student to use textbooks at school during each school
59-6 day. If the textbook <book> is not returned and payment is not
59-7 made, the district may withhold the pupil's records. A district is
59-8 not authorized under this subsection to prevent a student from
59-9 being graduated or participating in a graduation ceremony and from
59-10 receiving a diploma.
59-11 (d) Teachers and school officers must make such reports as
59-12 to the use, care, and condition of free textbooks as may be
59-13 required by the appropriate school district's governing body <local
59-14 trustees or by the State Department of Education>. The salary for
59-15 any month of any teacher or employee who neglects to make the
59-16 report at the proper time may be withheld until each report is
59-17 received in a condition satisfactory in form and content.
59-18 <(e) No teacher or employee of the school engaged in the
59-19 distribution of textbooks under this code as the agent or employee
59-20 of the state, or of any county or district in the state, shall, in
59-21 connection with this distribution, sell or distribute, or in any
59-22 way handle, any kind of school furniture or supplies, such as
59-23 desks, stoves, blackboards, crayons, erasers, pens, ink, pencils,
59-24 tablets, etc.>
59-25 (e) <(f)> Covers of all textbooks <books> shall be removed
60-1 before reissue, and the pupils to whom the textbooks <books> are
60-2 issued shall replace covers under direction of the teacher.
60-3 SECTION 1.41. Section 12.66, Education Code, is amended to
60-4 read as follows:
60-5 Sec. 12.66. Sale of Books. The governing body of a school
60-6 district <local boards of school trustees> may sell or authorize
60-7 the district's employees to sell textbooks <books> to pupils or
60-8 parents attending the district's public schools <of this state>, at
60-9 the <state contract> price paid by the district for the textbooks.
60-10 All money accruing from sales of textbooks must be <by boards of
60-11 school trustees shall be forwarded to the commissioner of education
60-12 as directed, and> deposited in the district's fund for <state>
60-13 textbook purchases <fund>.
60-14 SECTION 1.42. Subsection (c), Section 12.67, Education Code,
60-15 is amended to read as follows:
60-16 (c) The board <State Board of Education> shall adopt rules
60-17 for the registration of transactions under this section.
60-18 SECTION 1.43. PRIOR ADOPTED TEXTBOOKS. (a) This section
60-19 applies notwithstanding any additions to or changes in law made by
60-20 this article.
60-21 (b) In this section, "governing body of a school district,"
60-22 "person," and "textbook" have the meanings assigned by Section
60-23 12.005, Education Code, as added by this article.
60-24 (c) Except as provided in Subsection (d) of this section,
60-25 the governing body of a school district may award a textbook
61-1 purchase contract only if the contract relates to a textbook that
61-2 the State Board of Education adopted before September 1, 1995,
61-3 under Chapter 12, Education Code.
61-4 (d) Subsection (c) of this section does not apply if the
61-5 contract award relates to a textbook for a combination of grade
61-6 level and subject for which no textbook is on the State Board of
61-7 Education's adoption list when the award is made.
61-8 (e) The State Board of Education may adopt rules to
61-9 administer this section.
61-10 SECTION 1.44. TRANSFER OF TEXTBOOK OWNERSHIP. (a) The
61-11 ownership of textbooks in the possession of school districts or the
61-12 districts' students is transferred from the state to the respective
61-13 school districts on the effective date of this article.
61-14 (b) The State Board of Education shall sell all state-owned
61-15 textbooks that are in the possession of the state as of the
61-16 effective date of this article, to school districts, textbook
61-17 publishers, or other appropriate persons. The board shall
61-18 determine the terms of the sale. The board shall deposit the
61-19 proceeds of the sale in the available school fund.
61-20 (c) In this section, "textbook" has the meaning assigned by
61-21 Section 12.005, Education Code, as added by this article.
61-22 SECTION 1.45. REPEALS. Sections 12.62 and 12.64, Education
61-23 Code, are repealed.
61-24 SECTION 1.46. EFFECTIVE DATE OF ARTICLE. This article takes
61-25 effect on the effective date of the constitutional amendment
62-1 proposed by H.J.R. No. ___, 73rd Legislature, Regular Session. If
62-2 that constitutional amendment is not approved by the voters, then
62-3 this article has no effect.
62-4 ARTICLE 2. CHANGES TAKING EFFECT SEPTEMBER 1, 1995,
62-5 CONCERNING TEXTBOOKS FOR PUBLIC SCHOOL STUDENTS.
62-6 SECTION 2.01. Chapter 12, Education Code, is amended by
62-7 adding Section 12.201, to read as follows:
62-8 Sec. 12.201. AFFIDAVIT OF ELIGIBILITY AND ANTITRUST
62-9 COMPLIANCE. (a) A person's bid for the award of a textbook
62-10 purchase contract by the governing body of a school district is not
62-11 valid unless the person has filed an affidavit with the Texas
62-12 Education Agency before the contract is awarded.
62-13 (b) An affidavit filed with the Texas Education Agency under
62-14 Subsection (a) of this section must:
62-15 (1) be executed by the individual bidder or a member
62-16 of the firm or the president and secretary of the corporation
62-17 bidding;
62-18 (2) describe all the facts concerning the bidder's
62-19 eligibility to make a proposal;
62-20 (3) certify the bidder's compliance with Section 12.22
62-21 of this code;
62-22 (4) list the name, address, and duties of each person
62-23 employed to act for the bidder, directly or indirectly, in securing
62-24 the contract or in the preparation of the bid and supporting
62-25 documents;
63-1 (5) list the name of each person who during the year
63-2 preceding the filing of the affidavit directly or indirectly
63-3 received compensation from the bidder for services rendered in this
63-4 state for securing or attempting to secure textbook purchase
63-5 contracts or for promoting the purchase of textbooks by the state
63-6 or a school district of this state;
63-7 (6) contain a statement that no member of the
63-8 governing body of a school district, the district's textbook
63-9 purchase advisory committee, or the district's subject area
63-10 subcommittees is interested, directly or indirectly, in the
63-11 person's bidding;
63-12 (7) contain a statement that the bidder is not a trust
63-13 and is not connected directly or indirectly with a trust;
63-14 (8) state whether the bidder or any member of the firm
63-15 or stockholder of the corporation is acting as a director, trustee,
63-16 or controlling stockholder in any other textbook publishing house,
63-17 directly, indirectly, or through a third party; and
63-18 (9) if the bidder is a firm, a statement showing the
63-19 name of each member of the firm and stating whether any other
63-20 person has a financial interest in the firm and whether any member
63-21 of the firm has a financial interest in any other textbook
63-22 publishing house.
63-23 (d) If a bidder, after filing an affidavit, employs an
63-24 attorney or other representative to assist in securing the award of
63-25 a textbook purchase contract by the governing body of a school
64-1 district, the employment must be disclosed to the Texas Education
64-2 Agency by filing a supplemental affidavit with the agency. The
64-3 supplemental affidavit must be filed before the governing body may
64-4 award a contract to the bidder.
64-5 (e) The Texas Education Agency may adopt rules to administer
64-6 this section.
64-7 SECTION 2.02. Chapter 12, Education Code, is amended by
64-8 adding Section 12.321 to read as follows:
64-9 Sec. 12.321. ENFORCEMENT OF CONTRACTS. (a) Any person with
64-10 whom a contract has been entered into under the provisions of this
64-11 chapter, shall designate the secretary of state of Texas as its
64-12 agent, on whom citation shall be served, and all other writs and
64-13 processes, in the event any suit shall be brought against the
64-14 person.
64-15 (b) The superintendent of a school district shall carefully
64-16 label and file away the copies of textbooks adopted as furnished
64-17 for examination to the governing body of the school district. The
64-18 copies must be kept securely, and the standard of quality and
64-19 mechanical excellence of the textbooks furnished under the contract
64-20 must be maintained during the continuance of the contract.
64-21 (c) Complaints regarding textbook service or quality shall
64-22 be made both to the superintendent of the school district and to
64-23 the depository designated by the contractor of the textbooks or to
64-24 the contractor if no depository is designated. If a complaint does
64-25 not receive reasonable prompt attention, the complaint shall be
65-1 taken to the county judge, who shall report the fact to appropriate
65-2 legal counsel. The legal counsel shall bring suit on account of
65-3 the failure in the name of the school district in a district court
65-4 of a county encompassed by the district, and shall recover on the
65-5 bond given by the contractor for the full value of the textbooks
65-6 not furnished as required, and an additional sum of $100. Each day
65-7 of failure to furnish the textbooks constitutes a separate offense.
65-8 The amounts recovered under this subsection shall be deposited in
65-9 the treasury of the school district.
65-10 SECTION 2.03. REPEALS. (a) Subsection (f), Section 11.273,
65-11 Education Code, is repealed.
65-12 (b) The following sections of the Education Code are
65-13 repealed: 12.14, 12.16, 12.17, 12.18, 12.19, 12.20, 12.23, 12.24,
65-14 12.251, 12.30, and 12.34.
65-15 SECTION 2.04. EFFECTIVE DATE OF ARTICLE. This article takes
65-16 effect September 1, 1995, but only if the constitutional amendment
65-17 proposed by H.J.R. No. ___, 73rd Legislature, Regular Session, is
65-18 approved by the voters.
65-19 ARTICLE 3. EMERGENCY.
65-20 SECTION 3.01. EMERGENCY. The importance of this legislation
65-21 and the crowded condition of the calendars in both houses create an
65-22 emergency and an imperative public necessity that the
65-23 constitutional rule requiring bills to be read on three several
65-24 days in each house be suspended, and this rule is hereby suspended.