1-1 By: Hochberg (Senate Sponsor - Sibley) H.B. No. 992
1-2 (In the Senate - Received from the House March 26, 2001;
1-3 March 27, 2001, read first time and referred to Committee on
1-4 Education; April 23, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 April 23, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 992 By: Sibley
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to circumstances under which a publisher or manufacturer
1-11 of textbooks must maintain or arrange for a textbook depository in
1-12 this state.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 31.151(a), Education Code, is amended to
1-15 read as follows:
1-16 (a) A publisher or manufacturer of textbooks:
1-17 (1) shall furnish any textbook the publisher or
1-18 manufacturer offers in this state, at a price that does not exceed
1-19 the lowest price at which the publisher offers that textbook for
1-20 adoption or sale to any state, public school, or school district in
1-21 the United States;
1-22 (2) shall automatically reduce the price of a textbook
1-23 sold for use in a school district or open-enrollment charter school
1-24 to the extent that the price is reduced elsewhere in the United
1-25 States;
1-26 (3) shall provide any textbook or ancillary item free
1-27 of charge in this state to the same extent that the publisher or
1-28 manufacturer provides the textbook or ancillary item free of charge
1-29 to any state, public school, or school district in the United
1-30 States;
1-31 (4) shall guarantee that each copy of a textbook sold
1-32 in this state is at least equal in quality to copies of that
1-33 textbook sold elsewhere in the United States and is free from
1-34 factual error;
1-35 (5) may not become associated or connected with,
1-36 directly or indirectly, any combination in restraint of trade in
1-37 textbooks or enter into any understanding or combination to control
1-38 prices or restrict competition in the sale of textbooks for use in
1-39 this state;
1-40 (6) shall:
1-41 (A) maintain a depository in this state or
1-42 arrange with a depository in this state to receive and fill orders
1-43 for textbooks, other than on-line textbooks or on-line textbook
1-44 components consistent with State Board of Education rules; or
1-45 (B) deliver textbooks to a school district or
1-46 open-enrollment charter school without a delivery charge to the
1-47 school district, open-enrollment charter school, or state, if:
1-48 (i) the publisher or manufacturer does not
1-49 maintain or arrange with a depository in this state under
1-50 Subsection (A) and the publisher's or manufacturer's textbooks and
1-51 related products are warehoused or otherwise stored less than 300
1-52 miles from a border of this state, or
1-53 (ii) the textbooks are on-line textbooks
1-54 or on-line textbook components;
1-55 (7) shall guarantee delivery of textbooks before the
1-56 opening day of school of the year for which the textbooks are
1-57 ordered if the textbooks are ordered by a date specified in the
1-58 sales contract; and
1-59 (8) shall submit to the State Board of Education an
1-60 affidavit certifying any textbook the publisher or manufacturer
1-61 offers in this state to be free of factual errors at the time the
1-62 publisher executes the contract required by Section 31.026.
1-63 SECTION 2. Section 31.103(b), Education Code, is amended to
1-64 read as follows:
2-1 (b) A requisition for textbooks for the following school
2-2 year shall be based on the maximum attendance reports under
2-3 Subsection (a), plus an additional 10 percent, except as otherwise
2-4 provided. A school district or open-enrollment charter school
2-5 shall make a requisition for a textbook on the conforming or
2-6 nonconforming list through the commissioner to the state depository
2-7 designated by the [each] publisher or as provided by State Board of
2-8 Education rule, as applicable, not later than June 1 of each year.
2-9 The designated state depository or, if the publisher or
2-10 manufacturer does not have a designated textbook depository in this
2-11 state under Section 31.151(a)(6)(B), the publisher or manufacturer
2-12 [or other storage facility] shall fill a requisition approved by
2-13 the agency at any other time in the case of an emergency.
2-14 SECTION 3. Section 31.104(b), Education Code, is amended to
2-15 read as follows:
2-16 (b) A school district or open-enrollment charter school may
2-17 order replacements for textbooks that have been lost or damaged
2-18 directly from:
2-19 (1) the textbook depository; or
2-20 (2) the textbook publisher or manufacturer if the
2-21 textbook publisher or manufacturer does not have a designated
2-22 textbook depository in this state under Section 31.151(a)(6)(B)
2-23 [replacements for textbooks that have been lost or damaged].
2-24 SECTION 4. This Act takes effect September 1, 2001.
2-25 * * * * *