79R8097 BDH-D

By:  Averitt                                                      S.B. No. 1700



A BILL TO BE ENTITLED

AN ACT

relating to the use of electronic textbooks in public schools.                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 31.002, Education Code, is amended by 
amending Subdivisions (1) and (4) and adding Subdivision (1-a) to 
read as follows:
		(1)  "Electronic textbook" means 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, including a 
portable electronic textbook device.
		(1-a)  "Portable electronic textbook device" means an 
electronic device that:
			(A)  is capable of supporting electronic textbook 
information for each subject taught that uses a textbook and is 
offered to students enrolled in grades 4 through 12; and
			(B)  is easily transportable by a student.                            
		(4)  "Technological equipment" means hardware, a 
device, or equipment, other than a portable electronic textbook 
device, necessary for:
			(A)  instructional use in the classroom, 
including to gain access to or enhance the use of an electronic 
textbook; or
			(B)  professional use by a classroom teacher.                                
	SECTION 2.  Subchapter A, Chapter 31, Education Code, is 
amended by adding Sections 31.004 and 31.005 to read as follows:
	Sec. 31.004.  ELECTRONIC TEXTBOOKS AND DEVICES.  (a)  Except 
as otherwise provided by this section, each textbook in use in 
public schools, including teacher's editions, must be available for 
purchase as an electronic textbook operated using a portable 
electronic textbook device.
	(b)  Each classroom in the district must 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.  A hard copy may be used only as determined necessary by 
the school district.
	(c)  This section does not apply to textbooks purchased under 
Section 31.028.
	Sec. 31.005.  STANDARDS FOR CERTAIN ELECTRONIC TEXTBOOKS.  
Each electronic textbook operated using a portable electronic 
textbook device in public schools and purchased with money from the 
state textbook fund must comply with the following standards and 
compliance capabilities:
		(1)  an Extensible Markup Language (XML) text format 
that defines common data formats used during communication between 
disparate electronic systems;
		(2)  a web services protocol developed by the World 
Wide Web Consortium that enables electronic systems that are 
physically separated but connected to the Internet to be combined 
to permit complex operations;
		(3)  Schools Interoperability Framework (SIF) 
implementation specifications, updated as necessary to enable 
software management systems to communicate with each other, 
including communication related to course identifiers, standard 
formatting, content formatting, and assessment formatting;
		(4)  the United States Department of Education 
Performance-Based Data Management Initiative (PBDMI) data exchange 
guidelines, with data elements capable of providing reporting on 
federal educational programs; and
		(5)  defined data codes designed to ensure consistent 
reporting from school districts, including data codes for course 
identifiers, entries, gains, and losses.
	SECTION 3.  Section 31.026, Education Code, is amended by 
adding Subsection (d) to read as follows:
	(d)  To the extent practicable, a contract for the purchase 
or licensing of an electronic textbook must include the purchase or 
licensing of the rights to all text, photos, and other content 
contained in the electronic textbook.
	SECTION 4.  Section 31.105, Education Code, is amended to 
read as follows:   
	Sec. 31.105.  SALE OF TEXTBOOKS.  To the extent permitted by 
any applicable purchase or licensing contract, the [The] board of 
trustees of a school district or governing body of an 
open-enrollment charter school may sell textbooks[, other than 
electronic textbooks,] to a student or another school at the state 
contract price.  The district shall send money from the sale of 
textbooks to the commissioner as required by the commissioner.  The 
commissioner shall deposit the money in the state textbook fund.
	SECTION 5.  Section 31.201(a), Education Code, is amended to 
read as follows:
	(a)  The commissioner, with the approval of the State Board 
of Education, may provide for the disposition of:
		(1)  textbooks[, other than electronic textbooks,] 
that are no longer in acceptable condition to be used for 
instructional purposes; or
		(2)  discontinued textbooks[, other than electronic 
textbooks].
	SECTION 6.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 7.  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.