BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1700

79R8097 BDH-D                                                                                                             By: Averitt

                                                                                                                                            Education

                                                                                                                                              4/5/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Students in Texas' public schools are currently issued up to seven traditional hardbound textbooks each year.  They are often required to take many of them home for homework, and schools are required to provide space and lockers for students to keep the books at school.  Technology is advancing rapidly, and can possibly replace textbooks that are currently being used that are eight to 10 years old. 

 

As proposed, S.B. 1700 requires textbook companies to make all textbooks in Texas available as  electronic textbooks.  It also sets standards for portable electronic textbook devices to ensure compatibility. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 31.002, Education Code, by amending Subdivisions (1) and (4) to redefine "electronic textbook" and "technological equipment" and adding Subdivision (1-a) to define "portable electronic textbook device."

 

SECTION 2.  Amends Subchapter A, Chapter 31, Education Code, by adding Sections 31.004 and 31.005, as follows:

 

Sec. 31.004.  ELECTRONIC TEXTBOOKS AND DEVICES.  (a)  Requires each textbook in use in public schools, including teacher's editions, except as otherwise provided by this section, to be available for purchase as an electronic textbook operated using a portable electronic textbook device.

 

(b)  Requires each classroom in a school district to contain, for each student in the classroom, a hard copy of any electronic textbook operated using a portable electronic textbook device in use in that classroom.  Authorizes a hard copy to be used only as determined necessary by the district.

 

(c)  Provides that this section does not apply to textbooks purchased under Section 31.028 (Special Textbooks).

 

Sec. 31.005.  STANDARDS FOR CERTAIN ELECTRONIC TEXTBOOKS.  Requires each electronic textbook operated using a portable electronic textbook device in public schools and purchased with money from the state textbook fund to comply with specific standards and compliance capabilities.   

 

SECTION 3.  Amends Section 31.026, Education Code, by adding Subsection (d), as follows:

 

(d)  Requires a contract for the purchase or licensing of an electronic textbook, to the extent practicable, to include the purchase or licensing of the rights to all text, photos, and other content contained in the electronic textbook.

 

SECTION 4.  Amends Section 31.105, Education Code, as follows:

 

Sec. 31.105.  SALE OF TEXTBOOKS.  Authorizes the board of trustees of a school district or governing body of an open-enrollment charter school, to the extent permitted by any applicable purchase or licensing contract, to sell textbooks to a student or another school at the state contract price.

 

SECTION 5.  Amends Section 31.201(a), Education Code, to delete existing text exempting electronic textbooks from the provisions authorizing the disposition of textbooks that are no longer in acceptable condition or are discontinued.

 

SECTION 6.  Makes application of this Act prospective to the 2005-2006 school year.

 

SECTION 7.  Effective date: upon passage or September 1, 2005.