BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1332

                                                                                                    By: Maldonado, Strama (Gallegos)

                                                                                                                                            Education

                                                                                                                                              5/5/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

As schools become more technologically advanced, so too does the equipment that schools provide to their students.  The Education Code must evolve to reflect these changes.

 

This bill closes a statutory loophole and allows a school to recoup the costs of textbooks, electronic textbooks, laptop computers, and all electronic equipment from students or their parents if they are not returned to the school in an acceptable condition.  In certain circumstances, the school district can waive the payment if the student is from a low-income family.

 

H.B. 1332 amends current law relating to responsibility for public school textbooks and technological equipment and failure by students to return textbooks or technological equipment.

 

RULEMAKING AUTHORITY

 

Rulemaking authority is expressly granted to the commissioner of education in SECTION 1 (Section 31.104, Education Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 31.104(d), Education Code, to provide that each student, or the student's parent or guardian, is responsible for each textbook, including an electronic textbook, and all technological equipment not returned in an acceptable condition by the student.  Provides that a student who fails to return in an acceptable condition all textbooks, including electronic textbooks, and technological equipment forfeits the right to free textbooks, including electronic textbooks, and technological equipment until each textbook, including an electronic textbook, and all technological equipment previously issued but not returned in an acceptable condition is paid for by the student, parent, or guardian.  Requires the school district or open-enrollment charter school to allow the student to use textbooks, including electronic textbooks, and technological equipment at school during each school day.  Authorizes a district or school, if a textbook, including an electronic textbook, or technological equipment is not returned in an acceptable condition or paid for, to withhold the student's records.  Requires the commissioner of education by rule to adopt criteria for determining whether a textbook, including an electronic textbook, and technological equipment are returned in an acceptable condition.

 

SECTION 2.  Provides that this Act applies beginning with the 2009-2010 school year.

 

SECTION 3.  Effective date:  upon passage or September 1, 2009.