By Culberson H.B. No. 697
74R2625 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to textbooks used in the public schools.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 11.273, Education Code, is amended by
1-5 adding Subsection (i) to read as follows:
1-6 (i) The commissioner of education shall approve an
1-7 application of a school district or campus for a waiver for
1-8 textbook selection unless good cause exists to deny the
1-9 application.
1-10 SECTION 2. Subchapter B, Chapter 12, Education Code, is
1-11 amended by adding Section 12.37 to read as follows:
1-12 Sec. 12.37. LIABILITY FOR FACTUAL ERRORS. (a) A textbook
1-13 publisher is liable to the state in an amount equal to three times
1-14 the state's actual damages resulting from a factual error that is:
1-15 (1) contained in a textbook that has been purchased
1-16 with state funds; and
1-17 (2) discovered after delivery of the textbook.
1-18 (b) For the recovery of damages authorized under Subsection
1-19 (a), the attorney general, the commissioner of education, or
1-20 another interested person may bring suit in Travis County against
1-21 the publisher of the textbook.
1-22 (c) Actual damages in a suit brought under this section are
1-23 at least the amount paid by the state for all necessary shipments
1-24 of the textbook, including shipment to each school district or
2-1 campus that requested the textbook and any additional shipment
2-2 required as a result of the error contained in the textbook.
2-3 SECTION 3. This Act applies only to a textbook delivered to
2-4 a depository on or after the effective date of this Act.
2-5 SECTION 4. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended,
2-10 and that this Act take effect and be in force from and after its
2-11 passage, and it is so enacted.