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79R5390 ESH-D
By: Chisum H.B. No. 2534
A BILL TO BE ENTITLED
AN ACT
relating to the content requirements and limitations for public
school textbooks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 31, Education Code, is
amended by adding Sections 31.0221-31.0226 to read as follows:
Sec. 31.0221. CONTENT REQUIREMENTS AND LIMITATIONS IN
GENERAL; AUTHORSHIP; EDITORIAL REVIEW. (a) Each adopted textbook:
(1) must meet the content requirements and limitations
prescribed by this section and Sections 31.0222-31.0226, as
applicable to the category in which the textbook is adopted;
(2) must be written by an author who has expertise and
experience that provide authoritative credibility to the author's
work;
(3) may not have been written by an employee of the
agency; and
(4) may not include blatantly offensive language or
illustrations.
(b) When appropriate, a textbook may include illustrations
that are informative, closely related to the content, and placed
where the illustrations may be used in conjunction with written
text.
(c) The content of an adopted textbook must be organized to
facilitate both teaching and learning.
(d) The publisher of a textbook submitted for adoption
shall:
(1) conduct a systematic and thorough editorial review
of the textbook; and
(2) verify facts, including historical dates,
contained in the textbook.
(e) Before the state may purchase an adopted textbook, the
publisher shall delete from the textbook content and suggested
readings that violate the requirements and limitations of this
section or Section 31.0222, 31.0223, 31.0224, 31.0225, or 31.0226.
Sec. 31.0222. CONTENT REQUIREMENTS AND LIMITATIONS: FACTS
AND THEORIES. An adopted textbook must present the most current
factual information accurately and objectively and without
editorial opinion or bias by the authors. A theory must be clearly
distinguished from facts and presented in an objective educational
manner.
Sec. 31.0223. CONTENT REQUIREMENTS AND LIMITATIONS:
CITIZENSHIP, PATRIOTISM, AND FREE ENTERPRISE SYSTEM. (a) An
adopted textbook must promote citizenship, patriotism,
understanding of the essentials and benefits of the free enterprise
system, respect for recognized authority, and respect for
individual rights.
(b) For purposes of this section, "free enterprise" means an
economic system characterized by:
(1) private or corporate ownership of capital goods;
(2) investments that are determined by private
decisions rather than state control; and
(3) the determination in a free market of prices,
production, and the distribution of goods.
Sec. 31.0224. CONTENT REQUIREMENTS AND LIMITATIONS:
TREATMENT OF VIOLENCE AND CIVIL DISORDER. An adopted textbook may
not include selections or works that encourage or condone civil
disorder, social strife, or disregard of the law. A textbook that
describes violence must do so in the context of the cause and
consequences of the violence and may not include descriptions of
violence for reasons of unwholesome excitement or sensationalism.
Sec. 31.0225. CONTENT REQUIREMENTS AND LIMITATIONS:
HISTORY. An adopted textbook must present positive aspects of the
United States and its heritage. In discussing significant
political or social movements in history that generate contrasting
points of view, a textbook must present balanced and factual
treatment of each position.
Sec. 31.0226. CONTENT REQUIREMENTS AND LIMITATIONS;
DIVERGENT INDIVIDUALS AND GROUPS. (a) An adopted textbook must
treat divergent groups fairly without stereotyping and must reflect
the positive contribution of all individuals and groups to the
American way of life. Illustrations and written materials must
avoid bias toward any particular individual or group and must
present a wide range of goal choices. Textbook authors shall take
particular care in the treatment of ethnic groups, issues relating
to the aging and aged, roles of men and women, the dignity of
workers, and respect for the work ethic.
(b) An adopted textbook may not encourage lifestyles that
deviate from generally accepted standards of society.
(c) An adopted textbook must provide an objective view of
cultural confluence and must include information needed to develop
mutual understanding and respect among all elements of our
population. Textbooks must reflect an awareness that culture and
language variation does exist and can be used to promote successful
learning.
(d) An adopted textbook must present:
(1) examples of men and women participating in a
variety of roles and activities; and
(2) the economic, political, social, and cultural
contributions of men and women, past and present.
(e) An adopted textbook that treats aspects of the world of
work should reflect the positive contributions of all types of
careers to the American economic system and way of life. People
presented in textbooks should reflect varieties of work and be
treated without bias toward particular kinds of work.
(f) An adopted textbook must present traditional and
contemporary roles of men, women, boys, and girls.
(g) An adopted textbook must present balanced treatment of
issues relating to the aging and aged.
SECTION 2. Section 31.023(a), Education Code, is amended to
read as follows:
(a) For each subject and grade level, the State Board of
Education shall adopt two lists of textbooks. The conforming list
includes each textbook submitted for the subject and grade level
that complies with Sections 31.0221-31.0226, meets applicable
physical specifications adopted by the State Board of Education,
[and] contains material covering each element of the essential
knowledge and skills of the subject and grade level as determined by
the State Board of Education under Section 28.002, and is adopted
under Section 31.024. The nonconforming list includes each
textbook submitted for the subject and grade level that:
(1) complies with Sections 31.0221-31.0226;
(2) meets applicable physical specifications adopted
by the State Board of Education;
(3) [(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; and
(4) [(3)] is adopted under Section 31.024.
SECTION 3. Sections 31.0221-31.0226, Education Code, as
added by this Act, and Section 31.023(a), Education Code, as
amended by this Act, apply only to the adoption of a textbook for
which the State Board of Education publishes notice of the review
and adoption cycle on or after the effective date of this Act. The
adoption of a textbook for which the State Board of Education
publishes notice of the review and adoption cycle before the
effective date of this Act is governed by the law in effect on the
date the board publishes notice of the review and adoption cycle,
and the former law is continued in effect for that purpose.
SECTION 4. 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.