SRC-TAG, LBB S.B. 259 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 259
78R1008 KKA-DBy: West
Education
4/9/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Texas Education Agency (TEA)  operates and manages the
State Textbook Depository which purchases and provides for the
distribution of public school textbooks.  As proposed, S.B. 259 eliminates
the State Textbook Depository's role in purchasing and distributing
textbooks to public schools.  This bill allows schools to order and
purchase textbooks directly from the publisher through TEA's
Internet-based electronic material system (EMAT). 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education
in SECTION 5 (Section 31.104(e), Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 31A, Education Code, by adding Section 31.004,
as follows: 

Sec. 31.004.  USE OF TEXTBOOK MANAGEMENT SYSTEM.  Requires the State Board
of Education and the commissioner of education (commissioner) to rely on
the technological capacity of the Internet and a statewide textbook
management system to the greatest extent possible, in providing for the
requisition, distribution, and disposal of textbooks. 

SECTION 2.  Amends Section 31.028, Education Code, by adding Subsection
(c-1), to require a school district or open-enrollment charter school to
return surplus special textbooks to the regional education service center
or other location designated by the commissioner. 

SECTION 3.  Amends Section 31.103(b), Education Code, to change a
reference to Section 31.151(a)(6)(B)  to 31.151(a)(6) relating to a
designated state textbook depositary. 

SECTION 4.  Amends Section 31.1031, Education Code,  to add the phrase
"maintained or designated by the textbook publisher or manufacturer" in
reference to copies of a textbook. Amends Subdivision 31.1031(2) to change
the word "return" to "exchange" and provide that copies of textbooks be
exchanged, if available from another district or open-enrollment charter
school. 

SECTION 5.  Amends Section 31.104, Education Code, by amending Subsection
(b) and adding Subsection (e), as follows: 

(b)  Authorizes a school district or open-enrollment charter school to
order replacements for textbooks that have been lost or damaged directly
from another district or open- 
enrollment charter school that has surplus copies of the textbook, in
accordance with procedures adopted by the commissioner, in addition to
certain other entities.  Makes conforming changes. 

(e)  Requires a school district or open-enrollment charter school to
provide for the storage and disposition of its surplus textbooks in
accordance with rules adopted by the commissioner.  Authorizes the rules
to require school districts and open-enrollment  charter schools to return
surplus textbooks directly to the textbook publisher or manufacturer or to
the textbook depository maintained or designated by the textbook publisher
or manufacturer or make surplus textbooks available to other school
districts and open-enrollment charter schools. 

SECTION 6.  Amends Sections 31.201(b) and (c), Education Code, as follows:

(b)  Authorizes the commissioner to require a  school district or
open-enrollment charter school to ship discontinued textbooks directly to
a correctional facility authorized by this subsection to receive them. 

(c)  Requires the rules to require a district or open-enrollment charter
school to prepare a list of  available discontinued textbooks and to
distribute the list to local adult education programs or nonprofit
organizations and, on request, to a student. 

SECTION 7.  (a)  Provides that the state textbook depository is abolished.
 
           (b)  Requires the commissioner to take all action necessary to
provide for disposition of the assets of the state textbook depository. 

SECTION 8.  Effective date:  September 1, 2004.