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.