Amend CSSB 422 as follows:                                                   
(1)  Strike Sections 1.18 and 1.19 of the bill (house 	committee report, page 26, line 3, through page 27, line 2).
	(2)  In Section 1.36 of the bill (house committee report, 
page 55, lines 21 and 22), strike "Subsections (d) and (e), Section 
31.1011,".
	(3)  Between Articles 2 and 3 of the bill (house committee 
report, page 92, between lines 8 and 9), insert the following new 
article, appropriately numbered, and renumber the subsequent 
articles accordingly:
	ARTICLE ___. USE OF TECHNOLOGY IN PUBLIC SCHOOLS AND
	ACQUISITION OF INSTRUCTIONAL MATERIALS
	SECTION ____.01.  Subchapter B, Chapter 7, Education Code, 
is amended by adding Section 7.030 to read as follows:
	Sec. 7.030.  REVIEW OF STATE- AND FEDERALLY-FUNDED GRANT 
PROGRAMS.  (a)  The agency shall conduct a review of state- and 
federally-funded grant programs and incentives designed to improve 
student academic performance and shall actively determine the full 
extent to which funds awarded under those programs may be used to 
enhance or expand the use of technology in public schools.  For 
purposes of removing barriers to and encouraging the use of 
technology in public schools, the commissioner may, as appropriate, 
issue a waiver to one or more schools.
	(b)  Not later than December 1, 2006, the agency shall submit 
a report regarding the findings of the review conducted under this 
section to the legislature.  The report must include a summary of 
promising practices for current grant programs that leverage 
technology.  This section expires January 15, 2007.
	SECTION ____.02.  Section 7.055(b)(28), Education Code, is 
amended to read as follows:
		(28)  The commissioner shall perform duties relating to 
the funding, adoption, and purchase of instructional materials
[textbooks] under Chapter 31.
	SECTION ____.03.  Section 7.056(f), Education Code, is 
amended to read as follows:
	(f)  A school district or campus that is required to develop 
and implement a student achievement improvement plan under Section 
39.131 or 39.132 may receive an exemption or waiver under this 
section from any law or rule other than:
		(1)  a prohibition on conduct that constitutes a 
criminal offense;          
		(2)  a requirement imposed by federal law or rule;                            
		(3)  a requirement, restriction, or prohibition 
imposed by state law or rule relating to:
			(A)  public school accountability as provided by 
Subchapters B, C, D, and G, Chapter 39; or
			(B)  educator rights and benefits under 
Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter 
A, Chapter 22; or
		(4)  [textbook] selection of instructional materials 
under Chapter 31.
	SECTION ____.04.  Section 7.102(c)(23), Education Code, is 
amended to read as follows:
		(23)  The board shall adopt and purchase or license 
instructional materials [textbooks] as provided by Chapter 31 and 
adopt rules required by that chapter.
	SECTION ____.05.  Sections 7.108(a) and (c), Education Code, 
are amended to read as follows:
	(a)  A person interested in selling bonds of any type or a 
person engaged in manufacturing, shipping, selling, or advertising 
instructional materials [textbooks] or otherwise connected with 
the instructional material [textbook] business commits an offense 
if the person makes or authorizes a political contribution to or 
takes part in, directly or indirectly, the campaign of any person 
seeking election to or serving on the board.
	(c)  In this section:                                                          
		(1)  "Instructional material" has the meaning assigned 
by Section 31.002.
		(2)  "Political contribution" has the meaning assigned 
by Section 251.001, Election Code.
		[(2)  "Textbook" has the meaning assigned by Section 
31.002.]
	SECTION ____.06.  The heading to Section 7.112, Education 
Code, is amended to read as follows:
	Sec. 7.112.  REPRESENTATION OF [TEXTBOOK] PUBLISHER OF 
INSTRUCTIONAL MATERIALS BY FORMER MEMBER OF BOARD.
	SECTION ____.07.  Section 7.112(a), Education Code, is 
amended to read as follows:
	(a)  A former member of the State Board of Education who is 
employed by or otherwise receives compensation from a [textbook] 
publisher of instructional materials may not, before the second 
anniversary of the date on which the person last served as a member 
of the State Board of Education:
		(1)  confer with a member of the board of trustees of a 
school district concerning instructional materials [a textbook] 
published by that [textbook] publisher; or
		(2)  appear at a meeting of the board of trustees on 
behalf of the [textbook] publisher.
	SECTION ____.08.  Section 7.112(c)(2), Education Code, is 
amended to read as follows:
		(2)  "Instructional material" and "publisher"
["Publisher" and "textbook"] have the meanings assigned by Section 
31.002.
	SECTION ____.09.  Section 11.158(b), Education Code, is 
amended to read as follows:
	(b)  The board may not charge fees for:                                        
		(1)  instructional materials [textbooks], workbooks, 
laboratory supplies, or other supplies necessary for participation 
in any instructional course except as authorized under this code;
		(2)  field trips required as a part of a basic education 
program or course; 
		(3)  any specific form of dress necessary for any 
required educational program or diplomas;
		(4)  the payment of instructional costs for necessary 
school personnel employed in any course or educational program 
required for graduation;
		(5)  library materials [books] required to be used for 
any educational course or program, other than fines for lost, 
damaged, or overdue materials [books];
		(6)  admission to any activity the student is required 
to attend as a prerequisite to graduation;
		(7)  admission to or examination in any required 
educational course or program; or
		(8)  lockers.                                                                 
	SECTION ____.10.  Section 11.164(a), Education Code, is 
amended to read as follows:
	(a)  The board of trustees of each school district shall 
limit redundant requests for information and the number and length 
of written reports that a classroom teacher is required to prepare.  
A classroom teacher may not be required to prepare any written 
information other than:
		(1)  any report concerning the health, safety, or 
welfare of a student;     
		(2)  a report of a student's grade on an assignment or 
examination;         
		(3)  a report of a student's academic progress in a 
class or course;        
		(4)  a report of a student's grades at the end of each 
grade reporting period;
		(5)  a [textbook] report on instructional materials;  
		(6)  a unit or weekly lesson plan that outlines, in a 
brief and general manner, the information to be presented during 
each period at the secondary level or in each subject or topic at 
the elementary level;
		(7)  an attendance report;                                                    
		(8)  any report required for accreditation review;                            
		(9)  any information required by a school district that 
relates to a complaint, grievance, or actual or potential 
litigation and that requires the classroom teacher's involvement; 
or
		(10)  any information specifically required by law, 
rule, or regulation.    
	SECTION ____.11.  Section 19.007(e), Education Code, is 
amended to read as follows:
	(e)  The district may participate in the instructional 
materials [textbook] program under Chapter 31.
	SECTION ____.12.  Sections 26.006(a) and (c), Education 
Code, are amended to read as follows:
	(a)  A parent is entitled to:                                                  
		(1)  review all teaching materials, instructional 
materials [textbooks], and other teaching aids used in the 
classroom of the parent's child; and
		(2)  review each test administered to the parent's 
child after the test is administered.
	(c)  A student's parent is entitled to request that the 
public school [district or open-enrollment charter school] the 
student attends allow the student to take home any instructional 
materials [textbook] used by the student.  Subject to the 
availability of the instructional materials [a textbook], the 
[district or] school shall honor the request.  A student who takes 
home instructional materials [a textbook] must return the 
instructional materials [textbook] to school at the beginning of 
the next school day if requested to do so by the student's teacher.  
In this subsection, "instructional material" ["textbook"] has the 
meaning assigned by Section 31.002.
	SECTION ____.13.  Sections 28.002(c) and (h), Education 
Code, are amended to read as follows:
	(c)  The State Board of Education, with the direct 
participation of educators, parents, business and industry 
representatives, and employers shall by rule identify the essential 
knowledge and skills of each subject of the required curriculum 
that all students should be able to demonstrate and that will be 
used in evaluating instructional materials [textbooks] under 
Chapter 31 and addressed on the assessment instruments required 
under Subchapter B, Chapter 39.  As a condition of accreditation, 
the board shall require each district to provide instruction in the 
essential knowledge and skills at appropriate grade levels.
	(h)  The State Board of Education and each school district 
shall foster the continuation of the tradition of teaching United 
States and Texas history and the free enterprise system in regular 
subject matter and in reading courses and in the adoption of 
instructional materials [textbooks].  A primary purpose of the 
public school curriculum is to prepare thoughtful, active citizens 
who understand the importance of patriotism and can function 
productively in a free enterprise society with appreciation for the 
basic democratic values of our state and national heritage.
	SECTION ____.14.  Subchapter A, Chapter 28, Education Code, 
is amended by adding Section 28.010 to read as follows:
	Sec. 28.010.  COMPUTER-ADAPTIVE ASSESSMENT TOOLS.  (a)  The 
agency shall develop or acquire ongoing, computer-adaptive, 
interactive, assessment tools for each subject and grade level for 
which an assessment instrument is adopted under Section 39.023.
	(b)  From funds appropriated for the purpose, the agency 
shall make assessment tools developed or acquired under this 
section available to public schools at no cost.
	SECTION ____.15.  The heading to Chapter 31, Education Code, 
is amended to read as follows:
CHAPTER 31.  INSTRUCTIONAL MATERIALS [TEXTBOOKS]
	SECTION ____.16.  Section 31.001, Education Code, is amended 
to read as follows:
	Sec. 31.001.  FREE INSTRUCTIONAL MATERIALS [TEXTBOOKS].  
Instructional materials [Textbooks] selected for use in the public 
schools shall be furnished without cost to the students attending 
those schools in accordance with Section 3(b), Article VII, Texas 
Constitution.
	SECTION ____.17.  Sections 31.002(1), (2), and (4), 
Education Code, are amended to read as follows:
		(1)  "Instructional material" ["Electronic textbook"] 
means a medium for conveying information to a student. The term 
includes a book, supplementary materials, a combination of a book 
and supplementary materials, computer software, interactive 
videodisc, magnetic media, CD-ROM, computer courseware, on-line 
services, an electronic medium, or other means of conveying 
information to the student or otherwise contributing to the 
learning process through electronic means.
		(2)  "Publisher" means a person who prepares 
instructional materials for sale or distribution to educational 
institutions.  The term includes an on-line service or a developer 
or distributor of [an] electronic instructional materials
[textbook].
		(4)  "Technological equipment" means hardware, a 
device, or equipment necessary for:
			(A)  instructional use in the classroom, 
including to gain access to or enhance the use of [an] electronic 
instructional materials [textbook]; or
			(B)  professional use by a classroom teacher.                                
	SECTION ____.18.  Section 31.003, Education Code, is amended 
to read as follows:
	Sec. 31.003.  RULES.  The State Board of Education may adopt 
rules, consistent with this chapter, for the approval [adoption], 
requisition, distribution, care, use, and disposal of 
instructional materials [textbooks].
	SECTION ____.19.  The heading to Subchapter B, Chapter 31, 
Education Code, is amended to read as follows:
	SUBCHAPTER B. STATE APPROVAL
	[FUNDING, ADOPTION, AND PURCHASE]
	SECTION ____.20.  Subchapter B, Chapter 31, Education Code, 
is amended by adding Sections 31.0251 and 31.0252 to read as 
follows:
	Sec. 31.0251.  SUBMISSION OF INSTRUCTIONAL MATERIALS; 
AGENCY REVIEW.  (a)  A publisher may at any time submit an 
instructional material to the State Board of Education for 
approval.  As part of a submission, a publisher must include a 
statement that identifies in writing the essential knowledge and 
skills for a subject and grade level as determined by the board 
under Section 28.002 that the instructional material covers.
	(b)  The agency shall:                                                  
		(1)  promptly review each instructional material 
submitted for approval; and
		(2)  determine whether the instructional material 
covers the essential knowledge and skills identified in the 
submission.
	Sec. 31.0252.  APPROVAL BY STATE BOARD OF EDUCATION.  (a)  
The State Board of Education shall meet quarterly to approve 
instructional materials submitted under Section 31.0251.  The board 
must approve or reject each submitted instructional material not 
later than the second meeting held under this section after the date 
the instructional material was submitted.
	(b)  By majority vote, the State Board of Education shall 
approve an instructional material submitted under Section 31.0251 
unless the board determines, based on the agency's review or the 
board's own review, that the instructional material does not 
contain the essential knowledge and skills identified by the 
publisher in the submission.  The board shall identify the 
essential knowledge and skills for a subject and grade level that an 
approved instructional material covers.
	(c)  Each approved instructional material must be free from 
factual errors.
	(d)  For each subject and grade level, the board shall list 
the approved instructional materials.  The board shall 
periodically:
		(1)  review each list of approved instructional 
materials; and       
		(2)  by majority vote, remove approved instructional 
materials that the board determines no longer adequately cover the 
appropriate essential knowledge and skills.
	SECTION ____.21.  Sections 31.026-31.030, Education Code, 
are amended to read as follows:
	Sec. 31.026.  CONTRACT; PRICE.  (a)  The Department of 
Information Resources may [State Board of Education shall] execute 
a contract[:
		[(1)]  for the purchase or licensing of each approved 
instructional material [adopted textbook other than an electronic 
textbook; and
		[(2)  for the purchase or licensing of each adopted 
electronic textbook].
	(b)  A contract must require the publisher to provide all of 
the approved instructional materials [the number of textbooks] 
required by public schools [school districts] in this state for the 
term of the contract[, which must coincide with the board's 
adoption cycle].
	(c)  As applicable, a contract must provide for the purchase 
or licensing of instructional materials [a textbook] at a 
[specific] price determined through negotiation between the 
publisher and the Department of Information Resources that does [, 
which may] not exceed the lowest price paid by any other state or 
any school or school district.  The price must be fixed for the term 
of the contract.
	(d)  The Department of Information Resources shall execute a 
blanket purchase order with the publisher of an approved 
instructional material.  A school district or open-enrollment 
charter school may requisition instructional materials under the 
purchase order.
	(e)  The agency and the Department of Information Resources 
shall enter into an interagency contract specifying each agency's 
duties regarding the purchasing and licensing of instructional 
materials.
	(f)  The contract may allow the publisher of an approved 
instructional material to update the material as provided by 
Section 31.032.
	Sec. 31.027.  INFORMATION TO PUBLIC SCHOOLS [SCHOOL 
DISTRICTS]; SAMPLE COPIES.  (a)  A publisher shall provide each 
public school [district and open-enrollment charter school] with 
information that fully describes each of the publisher's approved 
instructional materials. [adopted textbooks.  On request of a 
school district, a publisher shall provide a sample copy of an 
adopted textbook.]
	(b)  A publisher shall provide at least two sample copies of 
each approved instructional material [adopted textbook] to be 
maintained at each regional education service center.
	Sec. 31.028.  SPECIAL INSTRUCTIONAL MATERIALS [TEXTBOOKS].  
(a)  The State Board of Education may provide for [purchase] special 
instructional materials [textbooks] for the education of blind and 
visually impaired students in public schools.  In addition, for a 
teacher who is blind or visually impaired, the board shall provide a 
teacher's edition in Braille or large type, as requested by the 
teacher, for each printed instructional material [textbook] the 
teacher uses in the instruction of students.  The printed teacher 
edition must be available at the same time the printed student 
instructional materials [textbooks] become available.
	(b)  The publisher of an approved printed instructional 
material [adopted textbook] shall provide the agency with 
computerized [textbook] files for the production of Braille 
instructional materials [textbooks] or other versions of 
instructional materials [textbooks] to be used by students with 
disabilities, on request of the State Board of Education.  A 
publisher shall arrange the computerized [textbook] files in one of 
several optional formats specified by the State Board of Education.
	(c)  The board shall require electronic instructional 
materials submitted for approval under Section 31.0251 to comply 
with the standards established under Section 508, Rehabilitation 
Act of 1973 (29 U.S.C. Section 794d) [may also enter into agreements 
providing for the acceptance, requisition, and distribution of 
special textbooks and instructional aids pursuant to 20 U.S.C. 
Section 101 et seq.] for use by students enrolled in:
		(1)  public schools; or                                                       
		(2)  private nonprofit schools, if state funds, other 
than for administrative costs, are not involved.
	(d)  In this section:                                                          
		(1)  "Blind or visually impaired student" includes any 
student whose visual acuity is impaired to the extent that the 
student is unable to read the text [print] in [a] regularly approved 
instructional materials [adopted textbook] used in the student's 
class.
		(2)  "Special instructional materials" [textbook"] 
means instructional materials [a textbook] in Braille, large type 
or any other medium or any apparatus that conveys information to a 
student or otherwise contributes to the learning process.
	Sec. 31.029.  BILINGUAL INSTRUCTIONAL MATERIALS
[TEXTBOOKS].  The board shall approve instructional materials
[purchase or otherwise acquire textbooks] for use in bilingual 
education classes.
	Sec. 31.030.  USED INSTRUCTIONAL MATERIALS [TEXTBOOKS].  The 
State Board of Education shall adopt rules to ensure that used 
instructional materials [textbooks] sold to school districts and 
open-enrollment charter schools are not sample copies that contain 
factual errors.  The rules may provide for the imposition of an 
administrative penalty in accordance with Section 31.151 against a 
seller of used instructional materials [textbooks] who knowingly 
violates this section.
	SECTION ____.22.  Subchapter B, Chapter 31, Education Code, 
is amended by adding Sections 31.031 and 31.032 to read as follows:
	Sec. 31.031.  SUBSCRIPTION-BASED ELECTRONIC INSTRUCTIONAL 
MATERIALS.  The publisher of an approved electronic instructional 
material may offer the material to public schools on an annual 
subscription basis.
	Sec. 31.032.  UPDATING INSTRUCTIONAL MATERIALS. The 
publisher of an approved instructional material may, under the 
terms of a contract under Section 31.026, update the instructional 
material. The State Board of Education by rule shall provide for an 
expedited review process to determine the extent to which an 
updated instructional material:
		(1)  is aligned with the essential knowledge and skills 
for the subject and grade level; and
		(2)  does not contain factual errors.                                  
	SECTION ____.23.  Subchapter C, Chapter 31, Education Code, 
is amended by adding Sections 31.1012 and 31.1013 to read as 
follows:
	Sec. 31.1012.  LOCAL SELECTION AND PURCHASE.  (a)  A school 
district or open-enrollment charter school shall:
		(1)  select the instructional materials to be used by 
the district or school; and
		(2)  using funds allotted under Section 32.005 or other 
funds that may be used for the purpose, purchase those materials:
			(A)  directly from the publisher of the materials; 
or               
			(B)  through the Department of Information 
Resources.               
	(b)  A school district or open-enrollment charter school is 
not required to select an instructional material that is approved 
by the State Board of Education.
	Sec. 31.1013.  CERTIFICATION OF PROVISION OF INSTRUCTIONAL 
MATERIALS.  Each school district and open-enrollment charter school 
shall annually certify to the agency that, for each subject in the 
required curriculum and each grade level, the district or school 
provides each student with instructional materials that are aligned 
with the essential knowledge and skills adopted by the State Board 
of Education for that subject and grade level.
	SECTION ____.24.  Section 31.102, Education Code, is amended 
to read as follows:
	Sec. 31.102.  TITLE AND CUSTODY.  (a)  Each instructional 
material [textbook] purchased as provided by this chapter is the 
property of this state.
	(b)  Subsection (a) applies to an electronic instructional 
material [textbook] only to the extent of any applicable licensing 
agreement.
	(c)  The board of trustees of a school district or the 
governing body of an open-enrollment charter school is the legal 
custodian of instructional materials [textbooks] purchased as 
provided by this chapter for the district or school.  The board of 
trustees or governing body shall distribute instructional 
materials [textbooks] to students in the manner that the board or 
governing body determines is most effective and economical.
	SECTION ____.25.  Sections 31.104-31.106, Education Code, 
are amended to read as follows:
	Sec. 31.104.  DISTRIBUTION AND HANDLING.  (a)  The board of 
trustees of a school district or the governing body of an 
open-enrollment charter school may delegate to an employee the 
authority to requisition, distribute, and manage the inventory of 
instructional materials [textbooks] in a manner consistent with 
this chapter and rules adopted under this chapter.
	(b)  A school district or open-enrollment charter school may 
order replacements for instructional materials [textbooks] that 
have been lost or damaged directly from[:
		[(1)  the textbook depository; or                            
		[(2)]  the [textbook] publisher of the instructional 
materials [or manufacturer if the textbook publisher or 
manufacturer does not have a designated textbook depository in this 
state under Section 31.151(a)(6)(B)].
	(c)  Each instructional material [textbook] must state that 
the instructional material [textbook] is the property of or is 
licensed to this state, as appropriate.  The board may require the 
publisher of a textbook that must be returned by a student under 
Subsection (d) to place a bar code with a unique identifying number 
on the textbook.  Each instructional material [textbook], other 
than an electronic instructional material [textbook], must be 
covered by the student under the direction of the teacher. A student 
must return all instructional materials [textbooks] to the teacher 
at the end of the school year or when the student withdraws from 
school.
	(d)  Each student, or the student's parent or guardian, is 
responsible for each instructional material [textbook] not 
returned by the student.  A student who fails to return all 
instructional materials [textbooks] forfeits the right to free 
instructional materials [textbooks] until each instructional 
material [textbook] previously issued but not returned is paid for 
by the student, parent, or guardian.  As provided by policy of the 
board of trustees or governing body, a school district or 
open-enrollment charter school may waive or reduce the payment 
requirement if the student is from a low-income family.  The 
district or school shall allow the student to use instructional 
materials [textbooks] at school during each school day.  If an 
instructional material [a textbook] is not returned or paid for, 
the district or school may withhold the student's records.  A 
district or school may not, under this subsection, prevent a 
student from graduating, participating in a graduation ceremony, or 
receiving a diploma.
	(e)  The board of trustees of a school district may not 
require an employee of the district to pay for an instructional 
material [a textbook] or instructional technology that is stolen, 
misplaced, or not returned by a student.
	Sec. 31.105.  SALE, EXCHANGE, OR LOAN OF INSTRUCTIONAL 
MATERIALS [TEXTBOOKS].  (a) The board of trustees of a school 
district or governing body of an open-enrollment charter school may 
sell instructional materials [textbooks], other than electronic 
instructional materials [textbooks], to a student or another school 
at a [the state contract] price determined by board rule.  Money
[The district shall send money] from the sale of instructional 
materials may be used only to purchase items that may be purchased 
lawfully using the allotment provided by Section 32.005.
	(b)  Subject to any applicable licensing agreement, the 
board of trustees of a school district or governing body of an 
open-enrollment charter school may:
		(1)  exchange instructional materials with another 
school district or open-enrollment charter school; or
		(2)  loan instructional materials to another school 
district or open-enrollment charter school [textbooks to the 
commissioner as required by the commissioner.  The commissioner 
shall deposit the money in the state textbook fund].
	Sec. 31.106.  USE OF LOCAL FUNDS.  A [In addition to any 
textbook selected under this chapter, a] school district or 
open-enrollment charter school may use local funds to purchase any 
instructional materials [textbooks].
	SECTION ____.26.  The heading to Section 31.151, Education 
Code, is amended to read as follows:
	Sec. 31.151.  DUTIES OF PUBLISHERS [AND MANUFACTURERS].       
	SECTION ____.27.  Sections 31.151(a), (b), and (d), 
Education Code, are amended to read as follows:
	(a)  A publisher [or manufacturer] of instructional 
materials [textbooks]:
		(1)  shall furnish any instructional material
[textbook] the publisher [or manufacturer] offers in this state[,] 
at a price that does not exceed the lowest price at which the 
publisher offers that instructional material [textbook] for 
adoption or sale to any state, public school, or school district in 
the United States;
		(2)  shall automatically reduce the price of an 
instructional material [a textbook] sold for use in a public school 
[district or open-enrollment charter school] to the extent that the 
price is reduced elsewhere in the United States;
		(3)  shall provide any instructional material
[textbook] or ancillary item free of charge in this state to the 
same extent that the publisher [or manufacturer] provides the 
instructional material [textbook] or ancillary item free of charge 
to any state, public school, or school district in the United 
States;
		(4)  shall guarantee that each copy of an instructional 
material [a textbook] sold in this state is at least equal in 
quality to copies of that instructional material [textbook] sold 
elsewhere in the United States and is free from factual error;
		(5)  may not become associated or connected with, 
directly or indirectly, any combination in restraint of trade in 
instructional materials [textbooks] or enter into any 
understanding or combination to control prices or restrict 
competition in the sale of instructional materials [textbooks] for 
use in this state;
		(6)  shall[:                                                 
			[(A)  maintain a depository in this state or 
arrange with a depository in this state to receive and fill orders 
for textbooks, other than on-line textbooks or on-line textbook 
components, consistent with State Board of Education rules; or
			[(B)]  deliver instructional materials 
[textbooks] to a public school [district or open-enrollment charter 
school] without a delivery charge to the school [district, 
open-enrollment charter school,] or state[, if:
				[(i)  the publisher or manufacturer does not 
maintain or arrange with a depository in this state under Paragraph 
(A) and the publisher's or manufacturer's textbooks and related 
products are warehoused or otherwise stored less than 300 miles 
from a border of this state; or
				[(ii)  the textbooks are on-line textbooks 
or on-line textbook components];
		(7)  shall, at the time an order for instructional 
materials [textbooks] is acknowledged, provide to public [school 
districts or open-enrollment charter] schools an accurate shipping 
date for instructional materials [textbooks] that are 
back-ordered;
		(8)  shall guarantee delivery of instructional 
materials [textbooks] at least 10 business days before the opening 
day of school of the year for which the instructional materials
[textbooks] are ordered if the instructional materials [textbooks] 
are ordered by a date specified in the sales contract; and
		(9)  shall submit to the State Board of Education an 
affidavit certifying any instructional material [textbook] the 
publisher [or manufacturer] offers in this state to be free of 
factual errors at the time the publisher executes the contract 
required by Section 31.026.
	(b)  The State Board of Education may impose a reasonable 
administrative penalty against a publisher [or manufacturer] who 
knowingly violates Subsection (a).  The board shall provide for a 
hearing to be held to determine whether a penalty is to be imposed 
and, if so, the amount of the penalty.  The board shall base the 
amount of the penalty on:
		(1)  the seriousness of the violation;                                        
		(2)  any history of a previous violation;                                     
		(3)  the amount necessary to deter a future violation;                        
		(4)  any effort to correct the violation; and                                 
		(5)  any other matter justice requires.                                       
	(d)  A penalty collected under this section shall be 
deposited to the credit of the foundation school [state textbook] 
fund.
	SECTION ____.28.  The heading to Section 31.152, Education 
Code, is amended to read as follows:
	Sec. 31.152.  ACCEPTING REBATE ON INSTRUCTIONAL MATERIALS
[TEXTBOOKS].
	SECTION ____.29.  Sections 31.152(a), (b), and (d), 
Education Code, are amended to read as follows:
	(a)  A school trustee, administrator, or teacher commits an 
offense if that person receives any commission or rebate on any 
instructional materials [textbooks] used in the schools with which 
the person is associated as a trustee, administrator, or teacher.
	(b)  A school trustee, administrator, or teacher commits an 
offense if the person accepts a gift, favor, or service that:
		(1)  is given to the person or the person's school;                           
		(2)  might reasonably tend to influence a trustee, 
administrator, or teacher in the selection of instructional 
materials [a textbook]; and
		(3)  could not be lawfully purchased with state 
instructional materials funds [from the state textbook fund].
	(d)  In this section, "gift, favor, or service" does not 
include:            
		(1)  staff development, in-service, or teacher 
training; or                 
		(2)  ancillary [instructional] materials, such as maps 
or worksheets, that convey information to the student or otherwise 
contribute to the learning process.
	SECTION ____.30.  The heading to Section 31.153, Education 
Code, is amended to read as follows:
	Sec. 31.153.  VIOLATION OF FREE INSTRUCTIONAL MATERIALS
[TEXTBOOK] LAW.
	SECTION ____.31.  Section 31.153(a), Education Code, is 
amended to read as follows:
	(a)  A person commits an offense if the person knowingly 
violates any law providing for the purchase or distribution of free 
instructional materials [textbooks] for the public schools.
	SECTION ____.32.  Subchapter E, Chapter 31, Education Code, 
is amended to read as follows:
SUBCHAPTER E. DISPOSITION OF
INSTRUCTIONAL MATERIALS [TEXTBOOKS]
	Sec. 31.201.  DISPOSITION OF INSTRUCTIONAL MATERIALS
[TEXTBOOKS].  (a)  The commissioner, with the approval of the State 
Board of Education, may provide for the disposition of:
		(1)  instructional materials [textbooks], other than 
electronic instructional materials [textbooks], that are no longer 
in acceptable condition to be used for instructional purposes; or
		(2)  discontinued instructional materials [textbooks], 
other than electronic instructional materials [textbooks].
	(b)  The commissioner, as provided by rules adopted by the 
State Board of Education, shall make available on request copies of 
discontinued instructional materials [textbooks], other than 
electronic instructional materials [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.
	(c)  The State Board of Education shall adopt rules under 
which a public school [district or open-enrollment charter school] 
may donate discontinued instructional materials [textbooks], other 
than electronic instructional materials [textbooks], to a student, 
to an adult education program, or to a nonprofit organization.
	SECTION ____.33.  Subchapter A, Chapter 32, Education Code, 
is amended by adding Section 32.0011 to read as follows:
	Sec. 32.0011.  ADVISORY COMMITTEE FOR TECHNOLOGY AND 
IMPLEMENTATION.  (a)  The commissioner, in consultation with the 
lieutenant governor, the speaker of the house of representatives, 
and the presiding officers of the standing committees of the senate 
and the house of representatives with jurisdiction over the agency, 
shall appoint an advisory committee of business, education, and 
public members to assist the agency and permit the agency to monitor 
changing technology in business, industry, and education.
	(b)  The advisory committee is subject to Chapters 551 and 
552, Government Code.
	SECTION ____.34.  Sections 32.002 and 32.003, Education 
Code, are amended to read as follows:
	Sec. 32.002.  AUTHORITY OF PUBLIC SCHOOL [DISTRICT].  A 
public school [district] is not required by this subchapter to 
acquire or use technology that has been approved, selected, or 
contracted for by the State Board of Education or the commissioner.
	Sec. 32.003.  AUTHORITY OF COMMISSIONER TO CONTRACT.  The 
commissioner may contract with developers of technology to supply 
technology for use by public schools [school districts] throughout 
this state.
	SECTION ____.35.  The heading to Section 32.005, Education 
Code, is amended to read as follows:
	Sec. 32.005.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY 
ALLOTMENT.       
	SECTION ____.36.  Effective September 1, 2005, Section 
32.005, Education Code, is amended by amending Subsections (a) and 
(b) and adding Subsection (a-1) to read as follows:
	(a)  Each school district or open-enrollment charter school
is entitled to an allotment of $70 [$30] for each student in average 
daily attendance or a different amount for any year provided by 
appropriation.
	(a-1)  From the funds a school district receives under 
Subsection (a), the district shall use an amount equal to $40 for 
each student in average daily attendance to fund targeted 
technology programs under Section 32.006.  A school district shall 
use funds for targeted technology programs in a manner that allows 
each student and teacher assigned to a targeted campus, grade level 
on a campus, or specific educational program to benefit from a 
targeted technology program.  The commissioner shall adopt rules 
concerning the use of funds under this subsection.  This subsection 
expires September 1, 2006.
	(b)  An allotment under this section may be used only to:                      
		(1)  provide for the purchase by school districts and 
open-enrollment charter schools of instructional materials
[electronic textbooks] or technological equipment that contributes 
to student learning;  and
		(2)  pay for training educational personnel directly 
involved in student learning in the appropriate use of electronic 
instructional materials [textbooks] and for providing for access to 
technological equipment for instructional use.
	SECTION ____.37.  Effective September 1, 2006, Section 
32.005, Education Code, is amended by amending Subsection (a) and 
adding Subsection (a-1) to read as follows:
	(a)  Each school district or open-enrollment charter school
is entitled to an allotment of $150 [$30] for each student in 
average daily attendance or a different amount for any year 
provided by appropriation.
	(a-1)  From the funds a school district receives under 
Subsection (a), the district shall use an amount equal to $60 for 
each student in average daily attendance to fund targeted 
technology programs under Section 32.006.  A school district shall 
use funds for targeted technology programs in a manner that allows 
each student and teacher assigned to a targeted campus, grade level 
on a campus, or specific educational program to benefit from a 
targeted technology program.  The commissioner shall adopt rules 
concerning the use of funds under this subsection.
	SECTION ____.38.  Subchapter A, Chapter 32, Education Code, 
is amended by adding Sections 32.006 and 32.007 to read as follows:
	Sec. 32.006.  TARGETED TECHNOLOGY PROGRAMS.  (a) Each school 
district shall use funds designated for targeted technology 
programs under Section 32.005(a-1) in accordance with this section 
and in a manner consistent with the long-range plan developed by the 
State Board of Education under Section 32.001 and the district's 
own technology plan. A school district may use funds from other 
sources, including grants, donations, and state and federal funds, 
to provide targeted technology programs.
	(b)  A targeted technology program must provide for each 
student and teacher at a targeted campus or grade level on a 
targeted campus:
		(1)  the provision of:                                                 
			(A)  wireless electronic mobile computing 
devices;                  
			(B)  productivity software and hardware, 
including writing, computation, presentation, printing, and 
communication tools;
			(C)  electronic learning software aligned with 
the essential knowledge and skills adopted by the State Board of  
Education under Section 28.002;
			(D)  library and other research tools;                                
			(E)  electronic assessment tools;                                     
			(F)  electronic learning tools to improve 
communications among students, teachers, school administrators, 
parents, and the community; and
			(G)  classroom management systems;                                    
		(2)  professional development for teachers to 
integrate the tools and solutions described by Subdivision (1); or
		(3)  the provision of other infrastructure, 
components, and technologies to support and enhance student 
performance through individual instruction programs.
	(c)  The Legislative Budget Board shall:                                
		(1)  conduct a biennial study of the cost of school 
district targeted technology programs, including the cost of 
implementing those programs on a statewide basis; and
		(2)  based on the results of the study required by 
Subdivision (1), make recommendations to the legislature before the 
beginning of each regular session of the legislature concerning 
statewide implementation of targeted technology programs.
	(d)  Each biennium, the Legislative Budget Board and the 
commissioner shall jointly conduct a performance evaluation of 
school district targeted technology programs.
	Sec. 32.007.  AGREEMENT WITH PUBLIC BROADCASTING STATION.  
(a)  The commissioner may enter into an agreement with a public 
broadcasting station, or a consortium of public broadcasting 
stations, under which the station or consortium will provide online 
instructional content and educational materials.
	(b)  From funds appropriated to the agency, the commissioner 
may, under an agreement entered into under Subsection (a), make 
instructional materials available through public broadcasting 
stations for purposes of instruction and professional development 
and for use in providing adult-based education.
	(c)  An agreement entered into under Subsection (a) must, to 
the extent practicable, provide access to instructional materials 
and online content to persons located in all parts of this state.
	(d)  For purposes of providing high-quality online 
instructional materials under this section, the commissioner may:
		(1)  use federal funds that may be used for those 
purposes; or       
		(2)  use unexpended balances of funds appropriated to 
the agency for educational purposes, including adult education.
	SECTION ____.39.  Section 32.156, Education Code, as added 
by Chapter 1216, Acts of the 78th Legislature, Regular Session, 
2003, is amended to read as follows:
	Sec. 32.156.  ON-LINE INSTRUCTIONAL MATERIALS [TEXTBOOKS].  
(a)  The agency may develop and adopt strategies for making 
instructional materials [textbooks] available through the portal 
or through other means in an electronic format as an alternative or 
supplement to traditional instructional materials [textbooks].
	(b)  In developing and adopting strategies under this 
section, the agency shall seek to achieve a system under which a 
student may, in addition to [a] traditional instructional materials
[textbook], be provided with secure Internet access to each 
instructional material [textbook] used by the student.
	SECTION ____.40.  Section 32.161(b), Education Code, is 
amended to read as follows:
	(b)  To the extent possible considering other statutory 
requirements, the commissioner and agency shall encourage the use 
of instructional materials [textbook funds] and technology 
allotment funds under Section 32.005 [31.021(b)(2)] in a manner 
that facilitates the development and use of the portal.
	SECTION ____.41.  Subchapter B, Chapter 39, Education Code, 
is amended by adding Section 39.0233 to read as follows:
	Sec. 39.0233.  COMPUTER-ADAPTIVE ASSESSMENT.  (a)  To the 
extent practicable and appropriate, the agency shall provide for 
assessment instruments required under Section 39.023 to be designed 
so that those assessment instruments can be computer-adaptive.
	(b)  To the extent practicable and appropriate, the agency 
shall require school districts to administer to students the 
computer-adaptive assessment instruments.
	(c)  The commissioner may adopt rules to implement this 
section.      
	(d)  As necessary to implement this section, the 
commissioner by rule may delay the release of assessment instrument 
questions and answer keys under Section 39.023(e).
	(e)  The agency shall implement this section not later than 
May 1, 2007.  This subsection expires September 1, 2007.
	SECTION ____.42.  Section 41.124(c), Education Code, is 
amended to read as follows:
	(c)  A school district that receives tuition for a student 
from a school district with a wealth per student that exceeds the 
equalized wealth level may not claim attendance for that student 
for purposes of Chapters 42 and 46 and the instructional materials 
and technology allotment under Section 32.005 [31.021(b)(2)].
	SECTION ____.43.  Subchapter B, Chapter 44, Education Code, 
is amended by adding Section 44.046 to read as follows:
	Sec. 44.046.  PURCHASE OF INSTRUCTIONAL MATERIALS.  
Notwithstanding Section 44.031, a public school may purchase 
instructional materials, as defined by Section 31.002, under a 
blanket purchase order executed by the Department of Information 
Resources under Section 31.026.
	SECTION ____.44.  Sections 31.002(3), 31.021, 31.022, 
31.023, 31.024, 31.025, 31.101, 31.103, and 31.1031, Education 
Code, are repealed.
	(4)  Strike Section 3.01 of the bill (house committee report, 
page 92, lines 10-14) and substitute the following section, 
appropriately numbered:
	SECTION ____.01.  Except as otherwise provided by this Act, 
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 September 1, 2005, except as otherwise provided by this Act.