1-1 AN ACT
1-2 relating to circumstances under which a publisher or manufacturer
1-3 of textbooks must maintain or arrange for a textbook depository in
1-4 this state.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 31.151(a), Education Code, is amended to
1-7 read as follows:
1-8 (a) A publisher or manufacturer of textbooks:
1-9 (1) shall furnish any textbook the publisher or
1-10 manufacturer offers in this state, at a price that does not exceed
1-11 the lowest price at which the publisher offers that textbook for
1-12 adoption or sale to any state, public school, or school district in
1-13 the United States;
1-14 (2) shall automatically reduce the price of a textbook
1-15 sold for use in a school district or open-enrollment charter school
1-16 to the extent that the price is reduced elsewhere in the United
1-17 States;
1-18 (3) shall provide any textbook or ancillary item free
1-19 of charge in this state to the same extent that the publisher or
1-20 manufacturer provides the textbook or ancillary item free of charge
1-21 to any state, public school, or school district in the United
1-22 States;
1-23 (4) shall guarantee that each copy of a textbook sold
1-24 in this state is at least equal in quality to copies of that
2-1 textbook sold elsewhere in the United States and is free from
2-2 factual error;
2-3 (5) may not become associated or connected with,
2-4 directly or indirectly, any combination in restraint of trade in
2-5 textbooks or enter into any understanding or combination to control
2-6 prices or restrict competition in the sale of textbooks for use in
2-7 this state;
2-8 (6) shall:
2-9 (A) maintain a depository in this state or
2-10 arrange with a depository in this state to receive and fill orders
2-11 for textbooks, other than on-line textbooks or on-line textbook
2-12 components, consistent with State Board of Education rules; or
2-13 (B) deliver textbooks to a school district or
2-14 open-enrollment charter school without a delivery charge to the
2-15 school district, open-enrollment charter school, or state, if:
2-16 (i) the publisher or manufacturer does not
2-17 maintain or arrange with a depository in this state under
2-18 Subsection (A) and the publisher's or manufacturer's textbooks and
2-19 related products are warehoused or otherwise stored less than 300
2-20 miles from a border of this state; or
2-21 (ii) the textbooks are on-line textbooks
2-22 or on-line textbook components;
2-23 (7) shall guarantee delivery of textbooks before the
2-24 opening day of school of the year for which the textbooks are
2-25 ordered if the textbooks are ordered by a date specified in the
2-26 sales contract; and
2-27 (8) shall submit to the State Board of Education an
3-1 affidavit certifying any textbook the publisher or manufacturer
3-2 offers in this state to be free of factual errors at the time the
3-3 publisher executes the contract required by Section 31.026.
3-4 SECTION 2. Section 31.103(b), Education Code, is amended to
3-5 read as follows:
3-6 (b) A requisition for textbooks for the following school
3-7 year shall be based on the maximum attendance reports under
3-8 Subsection (a), plus an additional 10 percent, except as otherwise
3-9 provided. A school district or open-enrollment charter school
3-10 shall make a requisition for a textbook on the conforming or
3-11 nonconforming list through the commissioner to the state depository
3-12 designated by the [each] publisher or as provided by State Board of
3-13 Education rule, as applicable, not later than June 1 of each year.
3-14 The designated state depository or, if the publisher or
3-15 manufacturer does not have a designated textbook depository in this
3-16 state under Section 31.151(a)(6)(B), the publisher or manufacturer
3-17 [or other storage facility] shall fill a requisition approved by
3-18 the agency at any other time in the case of an emergency.
3-19 SECTION 3. Section 31.104(b), Education Code, is amended to
3-20 read as follows:
3-21 (b) A school district or open-enrollment charter school may
3-22 order replacements for textbooks that have been lost or damaged
3-23 directly from:
3-24 (1) the textbook depository; or
3-25 (2) the textbook publisher or manufacturer if the
3-26 textbook publisher or manufacturer does not have a designated
3-27 textbook depository in this state under Section 31.151(a)(6)(B)
4-1 [replacements for textbooks that have been lost or damaged].
4-2 SECTION 4. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 992 was passed by the House on March
22, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 992 on May 3, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 992 was passed by the Senate, with
amendments, on May 1, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor