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.