By Coleman H.B. No. 759
77R3141 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adoption and ownership of mathematics and science
1-3 textbooks for public grade school students.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 31, Education Code, is
1-6 amended by adding Section 31.0231 to read as follows:
1-7 Sec. 31.0231. LOW-COST MATHEMATICS AND SCIENCE TEXTBOOKS FOR
1-8 GRADES ONE THROUGH SIX. (a) For mathematics and science
1-9 instruction in grades one through six, each textbook the State
1-10 Board of Education adopts must have a cost that is low enough to
1-11 permit a student to keep the book at the end of the school year so
1-12 that the student may review the core concepts of the essential
1-13 knowledge and skills as necessary.
1-14 (b) Notwithstanding Section 31.023(a), a textbook adopted
1-15 under this section:
1-16 (1) for placement on the conforming list, is not
1-17 required to contain material covering each element of the essential
1-18 knowledge and skills of the subject and grade level but must
1-19 contain material covering each of the core concepts of the
1-20 essential knowledge and skills;
1-21 (2) for placement on the nonconforming list, is not
1-22 required to contain material covering at least half the elements of
1-23 the essential knowledge and skills of the subject and grade level
1-24 but must contain material covering at least half the core concepts
2-1 of the essential knowledge and skills; and
2-2 (3) is not required to meet generally applicable
2-3 physical requirements adopted under Section 31.023(a) but must meet
2-4 any physical requirements adopted by the board that are consistent
2-5 with Subsection (a).
2-6 SECTION 2. Section 31.102(a), Education Code, is amended to
2-7 read as follows:
2-8 (a) Each textbook purchased as provided by this chapter is
2-9 the property of this state, except that a textbook adopted under
2-10 Section 31.0231 may become the property of the student as provided
2-11 by Section 31.104(e).
2-12 SECTION 3. Section 31.104, Education Code, is amended by
2-13 amending Subsections (c) and (d) and adding Subsection (e) to read
2-14 as follows:
2-15 (c) Each textbook must state that the textbook is the
2-16 property of or is licensed to this state, as appropriate. A school
2-17 district or open-enrollment charter school must number or place
2-18 another identifying mark on each textbook. Each teacher shall keep
2-19 a record of the number or other identifying mark of each textbook
2-20 issued to each student. Each textbook, other than an electronic
2-21 textbook, must be covered by the student under the direction of the
2-22 teacher. Subject to availability, each school district or
2-23 open-enrollment charter school shall, at the request of a parent or
2-24 guardian of a student enrolled in the district or school, allow the
2-25 student to take home any textbook, other than an electronic
2-26 textbook, used by the student. The student must return the
2-27 textbook to school at the beginning of the next school day. Except
3-1 as provided by Subsection (e), a [A] student must return all
3-2 textbooks to the teacher at the end of the school year or when the
3-3 student withdraws from school.
3-4 (d) Each student, or the student's parent or guardian, is
3-5 responsible for each textbook not returned by the student. Except
3-6 as provided by Subsection (e), a [A] student who fails to return
3-7 all textbooks forfeits the right to free textbooks until each
3-8 textbook previously issued but not returned is paid for by the
3-9 student, parent, or guardian. As provided by policy of the board
3-10 of trustees or governing body, a school district or open-enrollment
3-11 charter school may waive or reduce the payment requirement if the
3-12 student is from a low-income family. The district or school shall
3-13 allow the student to use textbooks at school during each school
3-14 day. Except as provided by Subsection (e), if [If] a textbook is
3-15 not returned or paid for, the district or school may withhold the
3-16 student's records. A district or school may not, under this
3-17 subsection, prevent a student from graduating, participating in a
3-18 graduation ceremony, or receiving a diploma.
3-19 (e) At the end of the school year for which a textbook
3-20 adopted under Section 31.0231 is distributed, the textbook becomes
3-21 the property of the student to whom it is distributed. A school
3-22 district or open-enrollment charter school may not charge a fee
3-23 under this subsection.
3-24 SECTION 4. Section 31.105, Education Code, is amended to read
3-25 as follows:
3-26 Sec. 31.105. SALE OF TEXTBOOKS. (a) The board of trustees
3-27 of a school district or governing body of an open-enrollment
4-1 charter school may sell textbooks[, other than electronic
4-2 textbooks,] to a student or another school at the state contract
4-3 price.
4-4 (b) This section does not apply to:
4-5 (1) an electronic textbook; or
4-6 (2) a textbook adopted under Section 31.0231.
4-7 (c) The district shall send money from the sale of textbooks
4-8 to the commissioner as required by the commissioner. The
4-9 commissioner shall deposit the money in the state textbook fund.
4-10 SECTION 5. Notwithstanding Section 31.022, Education Code,
4-11 the State Board of Education shall adopt textbooks that comply with
4-12 Section 31.0231, Education Code, as added by this Act, not later
4-13 than 60 days before the first date under Section 31.101, Education
4-14 Code, on which a school district or open-enrollment charter school
4-15 may select textbooks for the 2002-2003 school year.
4-16 SECTION 6. This Act takes effect September 1, 2001.