79S10065 KKA-F

By:  Naishtat                                                     H.B. No. 38 



A BILL TO BE ENTITLED

AN ACT

relating to the adoption of public school textbooks.                          
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 31.023, Education Code, is amended to 
read as follows:   
	Sec. 31.023.  REQUIRED TEXTBOOK ADOPTION AND TEXTBOOK LISTS.  
(a)  For each subject and grade level, the State Board of Education 
shall adopt textbooks that contain all elements of the essential 
knowledge and skills of the subject and grade level, as determined 
by the State Board of Education under Section 28.002, in the student 
versions of the textbooks, as well as in the teacher versions of the 
textbooks.
	(b)  The State Board of Education shall adopt two lists of 
textbooks as provided by this section.
	(c)  The conforming list includes each textbook submitted 
for the subject and grade level that:
		(1)  meets applicable physical specifications adopted 
by the State Board of Education;
		(2)  [and] contains material covering all elements 
[each element] of the essential knowledge and skills of the subject 
and grade level in the student version of the textbook, as well as 
in the teacher version of the textbook; [as determined by the State 
Board of Education under Section 28.002] and
		(3)  is adopted under Section 31.024.                                  
	(d)  The nonconforming list includes each textbook submitted 
for the subject and grade level that:
		(1)  meets applicable physical specifications adopted 
by the State Board of Education;
		(2)  contains material covering at least half, but not 
all, of the elements of the essential knowledge and skills of the 
subject and grade level in the student version of the textbook, as 
well as in the teacher version of the textbook; and
		(3)  is adopted under Section 31.024.                                         
	(e) [(b)]  Each textbook on a conforming or nonconforming 
list must be free from factual errors.
	SECTION 2.  Section 31.023, Education Code, as amended by 
this Act, applies only to a textbook adopted by the State Board of 
Education on or after the effective date of this Act.  A textbook 
adopted by the State Board of Education before the effective date of 
this Act is governed by the law in effect at the time of adoption, 
and the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.