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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.