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A BILL TO BE ENTITLED
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AN ACT
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relating to adoption and ownership of mathematics and science |
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textbooks for public school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.022, Education Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) This section does not apply to a textbook whose contents |
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are submitted under Section 31.036. |
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SECTION 2. Section 31.0221, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) This section does not apply to a textbook whose contents |
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are submitted under Section 31.036. |
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SECTION 3. Subchapter B, Chapter 31, Education Code, is |
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amended by adding Section 31.0251 to read as follows: |
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Sec. 31.0251. LIMITATIONS ON ROYALTIES. The State Board of |
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Education shall set limits on royalties that may be paid from the |
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state textbook fund for a textbook whose contents are submitted |
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under Section 31.036. Royalty limits may depend on subject, grade |
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level, and number of copies printed and distributed to students who |
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reside in this state. |
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SECTION 4. Section 31.026, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) For each textbook whose contents are submitted under |
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Section 31.036, the State Board of Education shall execute a |
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contract that would forever permit this state to print and |
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distribute as many copies as are needed for students who reside in |
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this state. |
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SECTION 5. Section 31.027, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) This section does not apply to a textbook whose contents |
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are submitted under Section 31.036. |
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SECTION 6. Subchapter B, Chapter 31, Education Code, is |
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amended by adding Section 31.0271 to read as follows: |
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Sec. 31.0271. INFORMATION ON LOW COST MATHEMATICS AND |
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SCIENCE TEXTBOOKS. (a) For a textbook whose contents are submitted |
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under Section 31.036, the public shall be allowed to view, free of |
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charge: |
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(1) the table of contents and contact information of |
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content providers on the Texas Education Agency's website; and |
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(2) the entire contents at regional education service |
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centers and at other locations as provided for by the State Board of |
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Education. |
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(b) On request of a school district, the State Board of |
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Education shall provide a copy of the contents of a textbook adopted |
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under Section 31.037(b). |
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SECTION 7. Subchapter B, Chapter 31, Education Code, is |
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amended by adding Section 31.036 to read as follows: |
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Sec. 31.036. SUBMISSION OF CONTENTS FOR LOW COST |
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MATHEMATICS AND SCIENCE TEXTBOOKS. Submission of contents for a |
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low cost mathematics or science textbook shall consist of: |
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(1) delivery of the contents to the commissioner in a |
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form that meets physical and format standards set by the State Board |
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of Education; |
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(2) optional delivery to the commissioner of |
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translations of the contents into other languages or other formats |
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[for example, Spanish, Braille]; |
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(3) execution by the copyright owners of a contract |
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that would: |
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(A) permit this state to arrange for translation |
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of the contents into languages and formats not delivered; and |
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(B) permit this state to forever print and |
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distribute as many copies of the contents as are needed for students |
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who reside in this state; and |
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(4) payment of a submission fee. |
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SECTION 8. Subchapter B, Chapter 31, Education Code, is |
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amended by adding Section 31.037 to read as follows: |
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Sec. 31.037. REVIEW AND ADOPTION OF LOW COST TEXTBOOKS BY |
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STATE BOARD OF EDUCATION. (a) The State Board of Education shall |
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adopt rules for the review and adoption of textbooks whose contents |
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are submitted under Section 31.036. The board may select textbooks |
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for review according to rules that involve requests by school |
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districts and open-enrollment charter schools submitted under |
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Section 31.1001. |
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(b) For a textbook reviewed by the board under Subsection |
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(a), by majority vote, the board shall: |
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(1) place the textbook on a conforming or |
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nonconforming list; or |
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(2) reject the textbook for placement on a conforming |
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or nonconforming list. |
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(c) A textbook placed on a conforming or nonconforming list |
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under subsection (b) shall remain on the list until removed from the |
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list by majority vote of the board. |
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(d) Within one month of placement of a textbook on, or |
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removal of a textbook from, a conforming or nonconforming list, the |
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board shall provide an updated list of adopted textbooks to each |
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school district. Each nonconforming list must include the reasons |
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an adopted textbook is not eligible for the conforming list. |
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SECTION 9. Subchapter B, Chapter 31, Education Code, is |
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amended by adding Section 31.038 to read as follows: |
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Sec. 31.038. COMPETITIVE BID TO PRINT, BIND, AND DELIVER |
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LOW COST TEXTBOOKS. (a) The State Board of Education shall adopt |
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rules under which textbooks adopted under Section 31.037(b)(1) are |
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printed, bound, and delivered to depositories in this state at |
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costs determined by competitive bid within cost limits set by the |
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board. |
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(b) A textbook printed and bound under Subsection (a) is not |
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required to meet generally applicable physical requirements |
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adopted under Section 31.023(a) but must meet any physical |
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requirements adopted by the board. |
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(c) Bidders must agree to meet physical standards and |
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delivery dates set by the board. |
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(d) The board may provide for the disregard of a bid by a |
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bidder who: |
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(1) fails to show sufficient evidence of ability to |
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deliver on the bid; or |
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(2) failed to deliver on a previously accepted bid. |
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SECTION 10. Subchapter B, Chapter 31, Education Code, is |
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amended by adding Section 31.039 to read as follows: |
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Sec. 31.039. ERRATA LISTS TO CORRECT FACTUAL ERRORS. (a) |
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For a textbook on a conforming or nonconforming list, an errata list |
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shall be made available on the Texas Education Agency's website and |
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updated periodically as factual errors are found. |
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(b) A textbook shall not be excluded from a conforming or |
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nonconforming list due to a factual error that is corrected on an |
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errata list to be inserted into each copy of the textbook to be |
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distributed by school districts and open-enrollment charter |
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schools. |
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SECTION 11. Subchapter C, Chapter 31, Education Code, is |
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amended by adding Section 31.1001 to read as follows: |
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Sec. 31.1001. REQUEST FOR THE STATE BOARD OF EDUCATION TO |
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REVIEW A LOW COST MATHEMATICS OR SCIENCE TEXTBOOK. (a) For a |
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textbook whose contents are submitted under Section 31.036, a |
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school district or open-enrollment charter school may request for |
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the State Board of Education to review the book for possible |
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placement on a conforming or nonconforming list. The request |
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shall: |
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(1) state the subject and grade level for which the |
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book is intended to be used; |
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(2) state the number of students in the district or |
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school who attend classes that use the book; |
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(3) state the estimated number of copies that the |
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district or school would requisition per year if the book were to be |
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placed on a conforming or nonconforming list; |
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(4) describe the extent of the district's or school's |
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review of the book and list those district or school employees |
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responsible for the review; |
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(5) list any factual errors that may have been found. |
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(b) A request shall remain valid until retracted by the |
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district or school or until the district or school submits a |
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subsequent request for the State Board of Education to review |
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another textbook for the same subject and grade level. |
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SECTION 12. Section 31.102(a), Education Code, is amended |
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to read as follows: |
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(a) Each textbook purchased as provided by this chapter is |
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the property of this state , except that a textbook adopted under |
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Section 31.037(b) may become the property of the student as |
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provided by Section 31.104(f). |
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SECTION 13. Section 31.104, Education Code, is amended by |
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amending Subsections (c) and (d) and adding Subsection (f) to read |
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as follows: |
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(c) Each textbook must state that the textbook is the |
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property of or is licensed to this state, as appropriate. Each |
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textbook, other than a textbook whose contents are submitted under |
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Section 31.036 or an electronic textbook, must be covered by the |
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student under the direction of the teacher. Except as provided by |
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Subsection (f), a [A] student must return all textbooks to the |
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teacher at the end of the school year or when the student withdraws |
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from school. |
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(d) Each student, or the student's parent or guardian, is |
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responsible for each textbook not returned by the student. Except |
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as provided by Subsection (f), a [A] student who fails to return all |
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textbooks forfeits the right to free textbooks until each textbook |
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previously issued but not returned is paid for by the student, |
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parent, or guardian. As provided by policy of the board of trustees |
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or governing body, a school district or open-enrollment charter |
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school may waive or reduce the payment requirement if the student is |
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from a low-income family. The district or school shall allow the |
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student to use textbooks at school during each school day. Except |
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as provided by Subsection (f), if [If] a textbook is not returned or |
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paid for, the district or school may withhold the student's |
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records. A district or school may not, under this subsection, |
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prevent a student from graduating, participating in a graduation |
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ceremony, or receiving a diploma. |
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(f) At the end of the school year for which a textbook |
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adopted under Section 31.037(b) is distributed, the textbook |
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becomes the property of the student to whom it is distributed. A |
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school district or open-enrollment charter school may not charge a |
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fee under this subsection. |
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SECTION 14. Section 31.105, Education Code, is amended to |
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read as follows: |
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Sec. 31.105. SALE OF TEXTBOOKS. The board of trustees of a |
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school district or governing body of an open-enrollment charter |
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school may sell textbooks, other than textbooks whose contents are |
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submitted under Section 31.036 and electronic textbooks, to a |
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student or another school at the state contract price. The district |
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shall send money from the sale of textbooks to the commissioner as |
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required by the commissioner. The commissioner shall deposit the |
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money in the state textbook fund. |
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SECTION 15. This Act takes effect September 1, 2009. |