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78R1008 KKA-D
By: Hardcastle H.B. No. 1409
A BILL TO BE ENTITLED
AN ACT
relating to the state textbook depository and distribution and
handling of textbooks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 31, Education Code, is
amended by adding Section 31.004 to read as follows:
Sec. 31.004. USE OF TEXTBOOK MANAGEMENT SYSTEM. In
providing for the requisition, distribution, and disposal of
textbooks, the State Board of Education and commissioner shall rely
on the technological capacity of the Internet and a statewide
textbook management system to the greatest extent possible.
SECTION 2. Section 31.028, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) A school district or open-enrollment charter school
shall return surplus special textbooks to the regional education
service center or other location designated by the commissioner.
SECTION 3. Section 31.103(b), Education Code, is amended to
read as follows:
(b) A requisition for textbooks for the following school
year shall be based on the maximum attendance reports under
Subsection (a), plus an additional 10 percent, except as otherwise
provided. A school district or open-enrollment charter school
shall make a requisition for a textbook on the conforming or
nonconforming list through the commissioner to the state depository
designated by the publisher or as provided by State Board of
Education rule, as applicable, not later than June 1 of each year.
The designated state depository or, if the publisher or
manufacturer does not have a designated textbook depository in this
state under Section 31.151(a)(6) [31.151(a)(6)(B)], the publisher
or manufacturer shall fill a requisition approved by the agency at
any other time in the case of an emergency.
SECTION 4. Section 31.1031, Education Code, is amended to
read as follows:
Sec. 31.1031. SHORTAGE OF REQUISITIONED TEXTBOOKS. If a
school district or open-enrollment charter school does not have a
sufficient number of copies of a textbook used by the district or
school for use during the following school year, and a sufficient
number of additional copies will not be available from the
depository maintained or designated by the textbook publisher or
manufacturer or from the publisher within the time specified by
Section 31.151(a)(8), the district or school is entitled to:
(1) be reimbursed from the state textbook fund, at a
rate and in the manner provided by State Board of Education rule,
for the purchase of a sufficient number of used adopted textbooks;
or
(2) exchange [return] currently used textbooks [to the
commissioner in exchange] for sufficient copies, if available from
another district or open-enrollment charter school, of other
textbooks on the conforming or nonconforming list to be used during
the following school year.
SECTION 5. Section 31.104, Education Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) A school district or open-enrollment charter school may
order replacements for textbooks that have been lost or damaged
directly from:
(1) the textbook depository maintained or designated
by the textbook publisher or manufacturer; [or]
(2) the textbook publisher or manufacturer if the
textbook publisher or manufacturer does not maintain a textbook
depository or have a designated textbook depository in this state
under Section 31.151(a)(6); or
(3) another district or open-enrollment charter
school that has surplus copies of the textbook, in accordance with
procedures adopted by the commissioner [31.151(a)(6)(B)].
(e) A school district or open-enrollment charter school
shall provide for the storage and disposition of its surplus
textbooks in accordance with rules adopted by the commissioner.
The rules may require school districts and open-enrollment charter
schools to:
(1) 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
(2) make surplus textbooks available to other school
districts and open-enrollment charter schools.
SECTION 6. Sections 31.201(b) and (c), Education Code, are
amended to read as follows:
(b) The commissioner, as provided by rules adopted by the
State Board of Education, shall make available on request copies of
discontinued textbooks, other than electronic textbooks, for use in
libraries maintained in municipal and county jails and facilities
of the institutional division of the Texas Department of Criminal
Justice and other state agencies. The commissioner may require a
school district or open-enrollment charter school to ship
discontinued textbooks directly to a recipient authorized by this
subsection.
(c) The State Board of Education shall adopt rules under
which a school district or open-enrollment charter school may
donate discontinued textbooks, other than electronic textbooks, to
a student, to an adult education program, or to a nonprofit
organization. The rules must 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) The state textbook depository is abolished.
(b) The commissioner of education shall take all action
necessary to provide for disposition of the assets of the state
textbook depository.
SECTION 8. This Act takes effect September 1, 2004.