79R1594 KKA-D

By:  Shapiro                                                      S.B. No. 1392



A BILL TO BE ENTITLED

AN ACT

relating to the correction of errors during the review and adoption 
process 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 Section 31.0221 to read as follows:
	Sec. 31.0221.  CORRECTION OF FACTUAL ERRORS.  (a)  To promote 
efficiency in the correction of factual errors during the textbook 
review and adoption process, the State Board of Education shall:
		(1)  to the extent practicable, conduct the review of a 
textbook using page proofs or other appropriate draft versions of 
the textbook; and
		(2)  require the publisher or manufacturer to provide 
textbook materials, such as page proofs, draft versions, or sample 
textbooks, directly to state textbook review panel members in a 
timely manner so that the members have adequate time to review the 
materials.
	(b)  During the textbook review and adoption process, the 
publisher or manufacturer of a textbook proposed for adoption in 
this state shall promptly correct any factual errors discovered in 
the textbook.
	(c)  The board shall adopt rules authorizing the imposition 
of an administrative penalty in the manner provided by Section 
31.151 against a publisher or manufacturer who knowingly violates 
Subsection (b).  In setting the amount of any penalty to be imposed 
under this subsection, the board shall consider the stage of the 
textbook review and adoption process at which the violation occurs 
and set progressively higher penalties for violations that occur 
later in the process.
	SECTION 2.  Section 31.0221, Education Code, as added by 
this Act, applies only to a textbook submitted for review by the 
State Board of Education on or after the effective date of this Act.  
A textbook submitted for review before the effective date of this 
Act is governed by the law in effect at the time the textbook is 
submitted for review, 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 September 1, 2005.