77R8437 ESH-F
By Hochberg, Delisi H.B. No. 623
Substitute the following for H.B. No. 623:
By Hochberg C.S.H.B. No. 623
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the selection, distribution, and use of public school
1-3 textbooks; providing a criminal penalty.
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, other than an
1-10 electronic textbook, used by the student. Subject to the
1-11 availability of a textbook, the district or school shall honor the
1-12 request. A student who takes home a textbook must return the
1-13 textbook to school at the beginning of the next school day. In
1-14 this subsection, "textbook" and "electronic textbook" have the
1-15 meanings assigned by Section 31.002.
1-16 SECTION 2. Subchapter C, Chapter 31, Education Code, is
1-17 amended by adding Section 31.1011 to read as follows:
1-18 Sec. 31.1011. TEXTBOOK CREDITS. (a) The commissioner shall
1-19 implement a program to study the use of credits for textbooks. The
1-20 program shall be designed to allow a participating school district
1-21 or open-enrollment charter school to receive credit for textbooks
1-22 purchased at a cost below the cost limit established under Section
1-23 31.025(a).
1-24 (b) The credit is an amount equal to the difference between
2-1 the price paid for a textbook and the cost limit established under
2-2 Section 31.025(a) for that textbook multiplied by the number of
2-3 copies of that textbook the participating school district or
2-4 open-enrollment charter school purchases.
2-5 (c) Fifty percent of the total textbook credit of a
2-6 participating school district or open-enrollment charter school
2-7 shall be credited to the state textbook fund, and 50 percent of the
2-8 credit shall be credited to the participating district or school to
2-9 apply toward the requisition of additional textbooks or electronic
2-10 textbooks on the conforming or nonconforming list.
2-11 (d) The commissioner shall prepare a report relating to the
2-12 use of the textbook credit system and deliver the report to the
2-13 79th Legislature.
2-14 (e) This section expires September 1, 2005.
2-15 SECTION 3. Section 31.103, Education Code, is amended by
2-16 adding Subsection (c) to read as follows:
2-17 (c) In making a requisition under this section, a school
2-18 district or open-enrollment charter school may requisition
2-19 textbooks on the conforming or nonconforming list for grades above
2-20 the grade level in which a student is enrolled, except that the
2-21 total quantity of textbooks requisitioned under this section may
2-22 not exceed the limit prescribed by Subsection (b).
2-23 SECTION 4. Subchapter C, Chapter 31, Education Code, is
2-24 amended by adding Section 31.1031 to read as follows:
2-25 Sec. 31.1031. SHORTAGE OF REQUISITIONED TEXTBOOKS. If a
2-26 school district or open-enrollment charter school does not have a
2-27 sufficient number of copies of a textbook used by the district or
3-1 school for use during the following school year, and a sufficient
3-2 number of additional copies are not available from the publisher,
3-3 the district or school is entitled to:
3-4 (1) be reimbursed from the state textbook fund, at a
3-5 rate provided by State Board of Education rule, for the purchase of
3-6 a sufficient number of used textbooks; or
3-7 (2) return currently used textbooks to the
3-8 commissioner in exchange for sufficient copies of other textbooks
3-9 on the conforming or nonconforming list to be used during the
3-10 following school year.
3-11 SECTION 5. Section 31.104(c), Education Code, is amended to
3-12 read as follows:
3-13 (c) Each textbook must state that the textbook is the
3-14 property of or is licensed to this state, as appropriate. [A
3-15 school district or open-enrollment charter school must number or
3-16 place another identifying mark on each textbook. Each teacher
3-17 shall keep a record of the number or other identifying mark of each
3-18 textbook issued to each student.] Each textbook, other than an
3-19 electronic textbook, must be covered by the student under the
3-20 direction of the teacher. [Subject to availability, each school
3-21 district or open-enrollment charter school shall, at the request of
3-22 a parent or guardian of a student enrolled in the district or
3-23 school, allow the student to take home any textbook, other than an
3-24 electronic textbook, used by the student. The student must return
3-25 the textbook to school at the beginning of the next school day.] A
3-26 student must return all textbooks to the teacher at the end of the
3-27 school year or when the student withdraws from school.
4-1 SECTION 6. Section 31.151(a), Education Code, is amended to
4-2 read as follows:
4-3 (a) A publisher or manufacturer of textbooks:
4-4 (1) shall furnish any textbook the publisher or
4-5 manufacturer offers in this state, at a price that does not exceed
4-6 the lowest price at which the publisher offers that textbook for
4-7 adoption or sale to any state, public school, or school district in
4-8 the United States;
4-9 (2) shall automatically reduce the price of a textbook
4-10 sold for use in a school district or open-enrollment charter school
4-11 to the extent that the price is reduced elsewhere in the United
4-12 States;
4-13 (3) shall provide any textbook or ancillary item free
4-14 of charge in this state to the same extent that the publisher or
4-15 manufacturer provides the textbook or ancillary item free of charge
4-16 to any state, public school, or school district in the United
4-17 States;
4-18 (4) shall guarantee that each copy of a textbook sold
4-19 in this state is at least equal in quality to copies of that
4-20 textbook sold elsewhere in the United States and is free from
4-21 factual error;
4-22 (5) may not become associated or connected with,
4-23 directly or indirectly, any combination in restraint of trade in
4-24 textbooks or enter into any understanding or combination to control
4-25 prices or restrict competition in the sale of textbooks for use in
4-26 this state;
4-27 (6) shall maintain a depository in this state or
5-1 arrange with a depository in this state to receive and fill orders
5-2 for textbooks, consistent with State Board of Education rules;
5-3 (7) shall, at the time an order for textbooks is
5-4 acknowledged, provide to school districts or open-enrollment
5-5 charter schools an accurate shipping date for textbooks that are
5-6 back-ordered;
5-7 (8) shall guarantee delivery of textbooks at least 10
5-8 business days before the opening day of school of the year for
5-9 which the textbooks are ordered if the textbooks are ordered by a
5-10 date specified in the sales contract; and
5-11 (9) [(8)] shall submit to the State Board of Education
5-12 an affidavit certifying any textbook the publisher or manufacturer
5-13 offers in this state to be free of factual errors at the time the
5-14 publisher executes the contract required by Section 31.026.
5-15 SECTION 7. Section 31.152, Education Code, is amended to read
5-16 as follows:
5-17 Sec. 31.152. ACCEPTING REBATE ON TEXTBOOKS. (a) A school
5-18 trustee, administrator, or teacher commits an offense if that
5-19 person receives any commission or rebate on any textbooks used in
5-20 the schools with which the person is associated as a trustee,
5-21 administrator, or teacher.
5-22 (b) A school trustee, administrator, or teacher commits an
5-23 offense if the person accepts a gift, favor, or service that:
5-24 (1) is given to the person or the person's school;
5-25 (2) might reasonably tend to influence a trustee,
5-26 administrator, or teacher in the selection of a textbook; and
5-27 (3) could not be lawfully purchased with funds from
6-1 the state textbook fund.
6-2 (c) An offense under this section is a Class B misdemeanor.
6-3 SECTION 8. (a) Except as provided by Subsection (b) of this
6-4 section, this Act takes effect immediately if it receives a vote of
6-5 two-thirds of all the members elected to each house, as provided by
6-6 Section 39, Article III, Texas Constitution. If this Act does not
6-7 receive the vote necessary for immediate effect, this Act takes
6-8 effect September 1, 2001.
6-9 (b) Section 7 of this Act takes effect September 1, 2001.