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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting a publisher or manufacturer from requiring |
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a school district or open-enrollment charter school to place a |
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minimum order of instructional materials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.151(a), Education Code, is amended to |
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read as follows: |
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(a) A publisher or manufacturer of instructional materials: |
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(1) shall furnish any instructional material the |
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publisher or manufacturer offers in this state at a price that does |
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not exceed the lowest price at which the publisher offers that |
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instructional material for adoption or sale to any state, public |
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school, or school district in the United States; |
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(2) shall automatically reduce the price of |
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instructional material sold for use in a school district or |
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open-enrollment charter school to the extent that the price is |
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reduced elsewhere in the United States; |
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(3) shall provide any instructional material or |
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ancillary item free of charge in this state to the same extent that |
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the publisher or manufacturer provides the instructional material |
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or ancillary item free of charge to any state, public school, or |
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school district in the United States; |
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(4) shall guarantee that each copy of instructional |
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material sold in this state is at least equal in quality to copies |
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of that instructional material sold elsewhere in the United States |
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and is free from factual error; |
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(5) may not become associated or connected with, |
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directly or indirectly, any combination in restraint of trade in |
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instructional materials or enter into any understanding or |
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combination to control prices or restrict competition in the sale |
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of instructional materials for use in this state; |
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(6) shall deliver instructional materials to a |
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school district or open-enrollment charter school; |
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(7) shall, at the time an order for instructional |
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materials is acknowledged, provide to school districts or |
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open-enrollment charter schools an accurate shipping date for |
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instructional materials that are back-ordered; |
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(8) shall guarantee delivery of instructional |
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materials at least 10 business days before the opening day of school |
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of the year for which the instructional materials are ordered if the |
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instructional materials are ordered by a date specified in the |
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sales contract; [and] |
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(9) shall submit to the State Board of Education an |
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affidavit certifying any instructional material the publisher or |
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manufacturer offers in this state to be free of factual errors at |
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the time the publisher executes the contract required by Section |
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31.026; and |
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(10) may not require a school district or |
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open-enrollment charter school to place a minimum order of |
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instructional materials. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |