1-1                                   AN ACT
 1-2     relating to the selection, distribution, and use of public school
 1-3     textbooks; providing administrative and criminal penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 26.006, Education Code, is amended by
 1-6     adding Subsection (c) to read as follows:
 1-7           (c)  A student's parent is entitled to request that the
 1-8     school district or open-enrollment charter school the student
 1-9     attends allow the student to take home any textbook used by the
1-10     student.  Subject to the availability of a textbook, the district
1-11     or school shall honor the request.  A student who takes home a
1-12     textbook must return the textbook to school at the beginning of the
1-13     next school day if requested to do so by the student's teacher.  In
1-14     this subsection, "textbook" has the meaning assigned by Section
1-15     31.002.
1-16           SECTION 2. Subchapter B, Chapter 31, Education Code, is
1-17     amended by adding Section 31.030 to read as follows:
1-18           Sec. 31.030.  USED TEXTBOOKS. The State Board of Education
1-19     shall adopt rules to ensure that used textbooks sold to school
1-20     districts and open-enrollment charter schools are not sample copies
1-21     that contain factual errors.  The rules may provide for the
1-22     imposition of an administrative penalty in accordance with  Section
1-23     31.151 against a seller of used textbooks who knowingly violates
1-24     this section.
 2-1           SECTION 3. Subchapter C, Chapter 31, Education Code, is
 2-2     amended by adding Section 31.1011 to read as follows:
 2-3           Sec. 31.1011.  TEXTBOOK CREDITS. (a)  The commissioner shall
 2-4     implement a program to study the use of credits for textbooks.  The
 2-5     program shall be designed to allow a participating school district
 2-6     or open-enrollment charter school to receive credit for textbooks
 2-7     purchased at a cost below the cost limit established under Section
 2-8     31.025(a).
 2-9           (b)  The credit is an amount equal to the difference between
2-10     the price paid for a textbook and the cost limit established under
2-11     Section 31.025(a) for that textbook multiplied by the number of
2-12     copies of that textbook the participating school district or
2-13     open-enrollment charter school purchases.
2-14           (c)  Fifty percent of the total textbook credit of a
2-15     participating school district or open-enrollment charter school
2-16     shall be credited to the state textbook fund, and 50 percent of the
2-17     credit shall be credited to the participating district or school to
2-18     apply toward the requisition of additional textbooks or electronic
2-19     textbooks on the conforming or nonconforming list.
2-20           (d)  The commissioner shall prepare a report relating to the
2-21     use of the textbook credit system and deliver the report to the
2-22     79th Legislature.
2-23           (e)  This section expires September 1, 2005.
2-24           SECTION 4. Section 31.103, Education Code, is amended by
2-25     adding Subsection (c) to read as follows:
2-26           (c)  In making a requisition under this section, a school
2-27     district or open-enrollment charter school may requisition
 3-1     textbooks on the conforming or nonconforming list for grades above
 3-2     the grade level in which a student is enrolled, except that the
 3-3     total quantity of textbooks requisitioned under this section may
 3-4     not exceed the limit prescribed by Subsection (b).
 3-5           SECTION 5. Subchapter C, Chapter 31, Education Code, is
 3-6     amended by adding Section 31.1031 to read as follows:
 3-7           Sec. 31.1031.  SHORTAGE OF REQUISITIONED TEXTBOOKS. If a
 3-8     school district or open-enrollment charter school does not have a
 3-9     sufficient number of copies of a textbook used by the district or
3-10     school for use during the following school year, and a sufficient
3-11     number of additional copies will not be available from the
3-12     depository or the publisher within the time specified by Section
3-13     31.151(a)(8), the district or school is entitled to:
3-14                 (1)  be reimbursed from the state textbook fund, at a
3-15     rate and in the manner provided by State Board of Education rule,
3-16     for the purchase of a sufficient number of used adopted textbooks;
3-17     or
3-18                 (2)  return currently used textbooks to the
3-19     commissioner in exchange for sufficient copies, if available, of
3-20     other textbooks on the conforming or nonconforming list to be used
3-21     during the following school year.
3-22           SECTION 6. Section 31.104(c), Education Code, is amended to
3-23     read as follows:
3-24           (c)  Each textbook must state that the textbook is the
3-25     property of or is licensed to this state, as appropriate.  [A
3-26     school district or open-enrollment charter school must number or
3-27     place another identifying mark on each textbook.  Each teacher
 4-1     shall keep a record of the number or other identifying mark of each
 4-2     textbook issued to each student.]  Each textbook, other than an
 4-3     electronic textbook, must be covered by the student under the
 4-4     direction of the teacher.  [Subject to availability, each school
 4-5     district or open-enrollment charter school shall, at the request of
 4-6     a parent or guardian of a student enrolled in the district or
 4-7     school, allow the student to take home any textbook, other than an
 4-8     electronic textbook, used by the student.  The student must return
 4-9     the textbook to school at the beginning of the next school day.] A
4-10     student must return all textbooks to the teacher at the end of the
4-11     school year or when the student withdraws from school.
4-12           SECTION 7. Section 31.151(a), Education Code, is amended to
4-13     read as follows:
4-14           (a)  A publisher or manufacturer of textbooks:
4-15                 (1)  shall furnish any textbook the publisher or
4-16     manufacturer offers in this state, at a price that does not exceed
4-17     the lowest price at which the publisher offers that textbook for
4-18     adoption or sale to any state, public school, or school district in
4-19     the United States;
4-20                 (2)  shall automatically reduce the price of a textbook
4-21     sold for use in a school district or open-enrollment charter school
4-22     to the extent that the price is reduced elsewhere in the United
4-23     States;
4-24                 (3)  shall provide any textbook or ancillary item free
4-25     of charge in this state to the same extent that the publisher or
4-26     manufacturer provides the textbook or ancillary item free of charge
4-27     to any state, public school, or school district in the United
 5-1     States;
 5-2                 (4)  shall guarantee that each copy of a textbook sold
 5-3     in this state is at least equal in quality to copies of that
 5-4     textbook sold elsewhere in the United States and is free from
 5-5     factual error;
 5-6                 (5)  may not become associated or connected with,
 5-7     directly or indirectly, any combination in restraint of trade in
 5-8     textbooks or enter into any understanding or combination to control
 5-9     prices or restrict competition in the sale of textbooks for use in
5-10     this state;
5-11                 (6)  shall maintain a depository in this state or
5-12     arrange with a depository in this state to receive and fill orders
5-13     for textbooks, consistent with State Board of Education rules;
5-14                 (7)  shall, at the time an order for textbooks is
5-15     acknowledged, provide to school districts or open-enrollment
5-16     charter schools an accurate shipping date for textbooks that are
5-17     back-ordered;
5-18                 (8)  shall guarantee delivery of textbooks at least 10
5-19     business days before the opening day of school of the year for
5-20     which the textbooks are ordered if the textbooks are ordered by a
5-21     date specified in the sales contract; and
5-22                 (9) [(8)]  shall submit to the State Board of Education
5-23     an affidavit certifying any textbook the publisher or manufacturer
5-24     offers in this state to be free of factual errors at the time the
5-25     publisher executes the contract required by Section 31.026.
5-26           SECTION 8. Section 31.152, Education Code, is amended to read
5-27     as follows:
 6-1           Sec. 31.152.  ACCEPTING REBATE ON TEXTBOOKS. (a)  A school
 6-2     trustee, administrator, or teacher commits an offense if that
 6-3     person receives any commission or rebate on any textbooks used in
 6-4     the schools with which the person is associated as a trustee,
 6-5     administrator, or teacher.
 6-6           (b)  A school trustee, administrator, or teacher commits an
 6-7     offense if the person accepts a gift, favor, or service that:
 6-8                 (1)  is given to the person or the person's school;
 6-9                 (2)  might reasonably tend to influence a trustee,
6-10     administrator, or teacher in the selection of a textbook; and
6-11                 (3)  could not be lawfully purchased with funds from
6-12     the state textbook fund.
6-13           (c)  An offense under this section is a Class B misdemeanor.
6-14           (d)  In this section, "gift, favor, or service" does not
6-15     include:
6-16                 (1)  staff development, in-service, or teacher
6-17     training; or
6-18                 (2)  instructional materials, such as maps or
6-19     worksheets, that convey information to the student or otherwise
6-20     contribute to the learning process.
6-21           SECTION 9. (a)  The change in law made by Section 8 of this
6-22     Act applies only to an offense committed on or after September 1,
6-23     2001.  For the purposes of this section, an offense is committed
6-24     before September 1, 2001, if any element of the offense occurs
6-25     before that date.
6-26           (b)  An offense committed before September 1, 2001, is
6-27     covered by the law in effect when the offense was committed, and
 7-1     the former law is continued in effect for that purpose.
 7-2           SECTION 10. (a)  Except as provided by Subsection (b) of this
 7-3     section, this Act takes effect immediately if it receives a vote of
 7-4     two-thirds of all the members elected to each house, as provided by
 7-5     Section 39, Article III, Texas Constitution.  If this Act does not
 7-6     receive the vote necessary for immediate effect, this Act takes
 7-7     effect September 1, 2001.
 7-8           (b)  Section 8 of this Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 623 was passed by the House on
         April 24, 2001, by the following vote:  Yeas 141, Nays 0, 2
         present, not voting; and that the House concurred in Senate
         amendments to H.B. No. 623 on May 24, 2001, by the following vote:
         Yeas 136, Nays 0, 2 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 623 was passed by the Senate, with
         amendments, on May 17, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor