SRC-MWN H.B. 623 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 623
By: Hochberg (Bivins)
Education
4/29/2001
Engrossed


DIGEST AND PURPOSE 

The Texas Education Agency pays for and distributes most of the textbooks
used in public schools in this state. Current law is designed to ensure
that textbooks can be ordered with relative ease and arrive at their
intended school districts before the beginning of the school year. H.B. 623
amends provisions regarding the purchase and distribution of textbooks for
public schools.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 26.006, Education Code, by adding Subsection (c),
to provide that a student's parent is entitled to request that the school
district or open-enrollment charter school the student attends allow the
student to take home any textbook used by the student.  Requires the
district or school, subject to the availability of a textbook, to honor the
request.  Requires a student who takes home a textbook to return the
textbook to school at the beginning of the next school day if requested to
do so by the student's teacher.  Provides that in this subsection,
"textbook" has the meaning assigned by Section 31.002. 

SECTION 2. Amends Chapter 31C, Education Code, by adding Section 31.1011,
as follows: 

 Sec. 31.1011.  TEXTBOOK CREDITS. (a)  Requires the commissioner of
education 
(commissioner) to implement a program to study the use of credits for
textbooks.  Requires the program to be designed to allow a participating
school district or open-enrollment charter school to receive credit for
textbooks purchased at a cost below the cost limit established under
Section 31.025(a). 

(b)  Provides that the credit is an amount equal to the difference between
the price paid for a textbook and the cost limit established under Section
31.025(a) for that textbook multiplied by the number of copies of that
textbook the participating school district or open-enrollment charter
school purchases. 

(c)  Requires fifty percent of the total textbook credit of a participating
school district or open-enrollment charter school to be credited to the
state textbook fund, and 50 percent of the credit to be credited to the
participating district or school to apply toward the requisition of
additional textbooks or electronic textbooks on the conforming or
nonconforming list. 

(d)  Requires the commissioner to prepare a report relating to the use of
the textbook credit system and deliver the report to the 79th Legislature. 

 (e)  Provides that this section expires September 1, 2005.

 SECTION 3. Amends Section 31.103, Education Code, by adding Subsection
(c), to authorize a school district or open-enrollment charter school, in
making a requisition under this section, to requisition textbooks on the
conforming or nonconforming list for grades above the grade level in which
a student is enrolled, except that the total quantity of textbooks
requisitioned under this section is prohibited from exceeding the limit
prescribed by Subsection (b). 

SECTION 4. Amends Chapter 31C, Education Code, by adding Section 31.1031,
as follows: 

Sec. 31.1031.  SHORTAGE OF REQUISITIONED TEXTBOOKS. Provides that if a
school district or open-enrollment charter school does not have a
sufficient number of copies of a textbook used by the district or school
for use during the following school year, and a sufficient number of
additional copies will not be available from the depository or the
publisher within the time specified by Section 31.151(a)(8), the district
or school is entitled to certain benefits. 

SECTION 5. Amends Section 31.104(c), Education Code, to delete text
regarding a school district. Deletes text regarding allowing a student to
take home a textbook. 

SECTION 6. Amends Section 31.151(a), Education Code, to provide that a
publisher or manufacturer of textbooks is required to take certain actions. 

SECTION 7. Amends Section 31.152, Education Code, as follows:

(b) Provides that certain persons commit an offense by accepting certain
benefits.  

 (d) Provides that "gift, favor, or service" does not include certain items.

SECTION 8. (a) Provides that except as provided by Subsection (b) of this
section, this Act takes effect upon passage or September 1, 2001. 

 (b) Provides that Section 7 of this Act takes effect September 1, 2001.