By: Patrick H.B. No. 3510

A BILL TO BE ENTITLED

AN ACT

relating to reforms to the system by which the state procures, purchases, and distributes textbooks.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 31.022, Education Code, is amended by adding Subsection (e) to read as follows:

(e) The board shall designate any request for production of textbooks in a subject and grade by the subject and school year in which the textbooks are intended to be implemented into classrooms, rather than the year in which the request is issued.

SECTION 2. Section 31.0221, Education Code, is added to read as follows:

Sec. 31.0221. BUDGET-BALANCED CYCLE. (a) In determining the review and adoption cycle and requests for production of textbooks under Section 31.022, the State Board of Education shall:

(1) notify and seek advice from the Legislative Budget Board and the governor's office of budget, planning, and policy before approving and publishing any notice or amendment of a cycle or a request for production of textbooks; and

(2) review and consider historic average funding levels for textbooks purchased in prior biennia, expected average costs of future textbook purchases, anticipated enrollment in future years, scheduled revisions to curriculum, and how the adoption of all or some grades in a subject area could impact the state budget.

SECTION 3. Section 31.107, Education Code, is added to read as follows:

Sec. 31.107. STUDY OF SURPLUS TEXTBOOK REDISTRIBUTION. (a) In this section, "task force" means the surplus textbook redistribution task force created by this section.

(b) The commissioner shall select members of the surplus textbook redistribution task force to represent the following entities and interest groups from applicants recommended by the following entities and interest groups:

(1) Texas Education Agency Division of Instructional Materials and Educational Technology;

(2) State Auditor's Office;

(3) Department of Information Resources;

(4) business officers of school districts and open-enrollment charter schools;

(5) textbook publishers;

(6) educational material depositories; and

(7) professional organizations representing textbook coordinators for school districts or open-enrollment charter schools.

(c) The commissioner or the commissioner's designee shall serve as the presiding officer of the task force.

(d) The task force shall review, evaluate, and recommend methods for efficient redistribution of surplus instructional materials among school districts and open-enrollment schools, including:

(1) determining best management practices to meet the goal of maximizing use of surplus textbooks as a method to reduce the state's cost for textbooks while speeding delivery of instructional materials to students;

(2) evaluating benefits of creation of a central textbook surplus redistribution center or regional centers; and

(3) identifying changes in law or regulations to facilitate the goal expressed in this section.

(e) The task force may request the assistance of state agencies, departments, or offices to carry out its duties, including necessary staff support.

(f) The task force may hold public meetings as needed to fulfill its duties under this section.

(g) Not later than November 1, 2008, the task force shall make a final report to the lieutenant governor, the speaker of the house of representatives, and the legislature evaluating the issues described in this section.

(h) This section expires and the task force is abolished on January 1, 2009.

SECTION 4. The requirement under Section 31.022(e), Education Code, as added by SECTION 1 of this Act, is effective with the State Board of Education proclamation to be called in 2007. For example, the request for production of textbooks would be designated as "Reading/English Language Arts 2010" instead of "Proclamation 2007."

SECTION 5. Section 13.04, Chapter 5, Acts of the 79th Legislature, 3rd Called Session, 2006, is repealed.

SECTION 6. 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, 2007.