1-1     By:  Hochberg, Delisi (Senate Sponsor - Bivins)        H.B. No. 623
 1-2           (In the Senate - Received from the House April 25, 2001;
 1-3     April 26, 2001, read first time and referred to Committee on
 1-4     Education; May 7, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 8, Nays 0;
 1-6     May 7, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 623                   By:  Bivins
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the selection, distribution, and use of public school
1-11     textbooks; providing administrative and criminal penalties.
1-13           SECTION 1. Section 26.006, Education Code, is amended by
1-14     adding Subsection (c) to read as follows:
1-15           (c)  A student's parent is entitled to request that the
1-16     school district or open-enrollment charter school the student
1-17     attends allow the student to take home any textbook used by the
1-18     student.  Subject to the availability of a textbook, the district
1-19     or school shall honor the request.  A student who takes home a
1-20     textbook must return the textbook to school at the beginning of the
1-21     next school day if requested to do so by the student's teacher.  In
1-22     this subsection, "textbook" has the meaning assigned by Section
1-23     31.002.
1-24           SECTION 2. Subchapter B, Chapter 31, Education Code, is
1-25     amended by adding Section 31.030 to read as follows:
1-26           Sec. 31.030.  USED TEXTBOOKS. The State Board of Education
1-27     shall adopt rules to ensure that used textbooks sold to school
1-28     districts and open-enrollment charter schools are not sample copies
1-29     that contain factual errors.  The rules may provide for the
1-30     imposition of an administrative penalty in accordance with  Section
1-31     31.151 against a seller of used textbooks who knowingly violates
1-32     this section.
1-33           SECTION 3. Subchapter C, Chapter 31, Education Code, is
1-34     amended by adding Section 31.1011 to read as follows:
1-35           Sec. 31.1011.  TEXTBOOK CREDITS. (a)  The commissioner shall
1-36     implement a program to study the use of credits for textbooks.  The
1-37     program shall be designed to allow a participating school district
1-38     or open-enrollment charter school to receive credit for textbooks
1-39     purchased at a cost below the cost limit established under Section
1-40     31.025(a).
1-41           (b)  The credit is an amount equal to the difference between
1-42     the price paid for a textbook and the cost limit established under
1-43     Section 31.025(a) for that textbook multiplied by the number of
1-44     copies of that textbook the participating school district or
1-45     open-enrollment charter school purchases.
1-46           (c)  Fifty percent of the total textbook credit of a
1-47     participating school district or open-enrollment charter school
1-48     shall be credited to the state textbook fund, and 50 percent of the
1-49     credit shall be credited to the participating district or school to
1-50     apply toward the requisition of additional textbooks or electronic
1-51     textbooks on the conforming or nonconforming list.
1-52           (d)  The commissioner shall prepare a report relating to the
1-53     use of the textbook credit system and deliver the report to the
1-54     79th Legislature.
1-55           (e)  This section expires September 1, 2005.
1-56           SECTION 4. Section 31.103, Education Code, is amended by
1-57     adding Subsection (c) to read as follows:
1-58           (c)  In making a requisition under this section, a school
1-59     district or open-enrollment charter school may requisition
1-60     textbooks on the conforming or nonconforming list for grades above
1-61     the grade level in which a student is enrolled, except that the
1-62     total quantity of textbooks requisitioned under this section may
1-63     not exceed the limit prescribed by Subsection (b).
1-64           SECTION 5. Subchapter C, Chapter 31, Education Code, is
 2-1     amended by adding Section 31.1031 to read as follows:
 2-2           Sec. 31.1031.  SHORTAGE OF REQUISITIONED TEXTBOOKS. If a
 2-3     school district or open-enrollment charter school does not have a
 2-4     sufficient number of copies of a textbook used by the district or
 2-5     school for use during the following school year, and a sufficient
 2-6     number of additional copies will not be available from the
 2-7     depository or the publisher within the time specified by Section
 2-8     31.151(a)(8), the district or school is entitled to:
 2-9                 (1)  be reimbursed from the state textbook fund, at a
2-10     rate and in the manner provided by State Board of Education rule,
2-11     for the purchase of a sufficient number of used adopted textbooks;
2-12     or
2-13                 (2)  return currently used textbooks to the
2-14     commissioner in exchange for sufficient copies, if available, of
2-15     other textbooks on the conforming or nonconforming list to be used
2-16     during the following school year.
2-17           SECTION 6. Section 31.104(c), Education Code, is amended to
2-18     read as follows:
2-19           (c)  Each textbook must state that the textbook is the
2-20     property of or is licensed to this state, as appropriate.  [A
2-21     school district or open-enrollment charter school must number or
2-22     place another identifying mark on each textbook.  Each teacher
2-23     shall keep a record of the number or other identifying mark of each
2-24     textbook issued to each student.]  Each textbook, other than an
2-25     electronic textbook, must be covered by the student under the
2-26     direction of the teacher.  [Subject to availability, each school
2-27     district or open-enrollment charter school shall, at the request of
2-28     a parent or guardian of a student enrolled in the district or
2-29     school, allow the student to take home any textbook, other than an
2-30     electronic textbook, used by the student.  The student must return
2-31     the textbook to school at the beginning of the next school day.] A
2-32     student must return all textbooks to the teacher at the end of the
2-33     school year or when the student withdraws from school.
2-34           SECTION 7. Section 31.151(a), Education Code, is amended to
2-35     read as follows:
2-36           (a)  A publisher or manufacturer of textbooks:
2-37                 (1)  shall furnish any textbook the publisher or
2-38     manufacturer offers in this state, at a price that does not exceed
2-39     the lowest price at which the publisher offers that textbook for
2-40     adoption or sale to any state, public school, or school district in
2-41     the United States;
2-42                 (2)  shall automatically reduce the price of a textbook
2-43     sold for use in a school district or open-enrollment charter school
2-44     to the extent that the price is reduced elsewhere in the United
2-45     States;
2-46                 (3)  shall provide any textbook or ancillary item free
2-47     of charge in this state to the same extent that the publisher or
2-48     manufacturer provides the textbook or ancillary item free of charge
2-49     to any state, public school, or school district in the United
2-50     States;
2-51                 (4)  shall guarantee that each copy of a textbook sold
2-52     in this state is at least equal in quality to copies of that
2-53     textbook sold elsewhere in the United States and is free from
2-54     factual error;
2-55                 (5)  may not become associated or connected with,
2-56     directly or indirectly, any combination in restraint of trade in
2-57     textbooks or enter into any understanding or combination to control
2-58     prices or restrict competition in the sale of textbooks for use in
2-59     this state;
2-60                 (6)  shall maintain a depository in this state or
2-61     arrange with a depository in this state to receive and fill orders
2-62     for textbooks, consistent with State Board of Education rules;
2-63                 (7)  shall, at the time an order for textbooks is
2-64     acknowledged, provide to school districts or open-enrollment
2-65     charter schools an accurate shipping date for textbooks that are
2-66     back-ordered;
2-67                 (8)  shall guarantee delivery of textbooks at least 10
2-68     business days before the opening day of school of the year for
2-69     which the textbooks are ordered if the textbooks are ordered by a
 3-1     date specified in the sales contract; and
 3-2                 (9) [(8)]  shall submit to the State Board of Education
 3-3     an affidavit certifying any textbook the publisher or manufacturer
 3-4     offers in this state to be free of factual errors at the time the
 3-5     publisher executes the contract required by Section 31.026.
 3-6           SECTION 8. Section 31.152, Education Code, is amended to read
 3-7     as follows:
 3-8           Sec. 31.152.  ACCEPTING REBATE ON TEXTBOOKS. (a)  A school
 3-9     trustee, administrator, or teacher commits an offense if that
3-10     person receives any commission or rebate on any textbooks used in
3-11     the schools with which the person is associated as a trustee,
3-12     administrator, or teacher.
3-13           (b)  A school trustee, administrator, or teacher commits an
3-14     offense if the person accepts a gift, favor, or service that:
3-15                 (1)  is given to the person or the person's school;
3-16                 (2)  might reasonably tend to influence a trustee,
3-17     administrator, or teacher in the selection of a textbook; and
3-18                 (3)  could not be lawfully purchased with funds from
3-19     the state textbook fund.
3-20           (c)  An offense under this section is a Class B misdemeanor.
3-21           (d)  In this section, "gift, favor, or service" does not
3-22     include:
3-23                 (1)  staff development, in-service, or teacher
3-24     training; or
3-25                 (2)  instructional materials, such as maps or
3-26     worksheets, that convey information to the student or otherwise
3-27     contribute to the learning process.
3-28           SECTION 9. (a)  The change in law made by Section 8 of this
3-29     Act applies only to an offense committed on or after September 1,
3-30     2001.  For the purposes of this section, an offense is committed
3-31     before September 1, 2001, if any element of the offense occurs
3-32     before that date.
3-33           (b)  An offense committed before September 1, 2001, is
3-34     covered by the law in effect when the offense was committed, and
3-35     the former law is continued in effect for that purpose.
3-36           SECTION 10. (a)  Except as provided by Subsection (b) of this
3-37     section, this Act takes effect immediately if it receives a vote of
3-38     two-thirds of all the members elected to each house, as provided by
3-39     Section 39, Article III, Texas Constitution.  If this Act does not
3-40     receive the vote necessary for immediate effect, this Act takes
3-41     effect September 1, 2001.
3-42           (b)  Section 8 of this Act takes effect September 1, 2001.
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