By:  Sibley                                           S.B. No. 1755
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 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
 2-1     in this state is at least equal in quality to copies of that
 2-2     textbook sold elsewhere in the United States and is free from
 2-3     factual error;
 2-4                 (5)  may not become associated or connected with,
 2-5     directly or indirectly, any combination in restraint of trade in
 2-6     textbooks or enter into any understanding or combination to control
 2-7     prices or restrict competition in the sale of textbooks for use in
 2-8     this state;
 2-9                 (6)  shall 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, consistent with State Board of Education rules, or
2-12     deliver textbooks without delivery charge to the receiving school;
2-13                 (7)  shall guarantee delivery of textbooks before the
2-14     opening day of school of the year for which the textbooks are
2-15     ordered if the textbooks are ordered by a date specified in the
2-16     sales contract; and
2-17                 (8)  shall submit to the State Board of Education an
2-18     affidavit certifying any textbook the publisher or manufacturer
2-19     offers in this state to be free of factual errors at the time the
2-20     publisher executes the contract required by Section 31.026.
2-21           SECTION 2.  Section 31.103(b), Education Code, is amended to
2-22     read as follows:
2-23           (b)  A requisition for textbooks for the following school
2-24     year shall be based on the maximum attendance reports under
2-25     Subsection (a), plus an additional 10 percent, except as otherwise
2-26     provided.  A school district or open-enrollment charter school
 3-1     shall make a requisition for a textbook on the conforming or
 3-2     nonconforming list through the commissioner to the state depository
 3-3     designated by the [each] publisher or as provided by State Board of
 3-4     Education rule, as applicable, not later than June 1 of each year.
 3-5     The designated state depository or publisher or manufacturer, if
 3-6     the publisher or manufacturer delivers a designated textbook free
 3-7     of delivery charge, [or other storage facility] shall fill a
 3-8     requisition approved by the agency at any other time in the case of
 3-9     an emergency.
3-10           SECTION 3.  Section 31.104(b), Education Code, is amended to
3-11     read as follows:
3-12           (b)  A school district or open-enrollment charter school may
3-13     order replacements for textbooks that have been lost or damaged
3-14     directly from:
3-15                 (1)  the textbook depository; or
3-16                 (2)  the textbook publisher or manufacturer if the
3-17     textbook publisher or manufacturer does not charge for delivery of
3-18     the textbook [replacements for textbooks that have been lost or
3-19     damaged].
3-20           SECTION 4.  This Act takes effect September 1, 2001.