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AN ACT
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relating to instructional materials and technology for public |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.001, Education Code, is amended to |
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read as follows: |
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Sec. 31.001. FREE INSTRUCTIONAL MATERIALS. Instructional |
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materials selected for use in the public schools shall be furnished |
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without cost to the students attending those schools. Except as |
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provided by Section 31.104(d), a school district may not charge a |
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student for instructional material or technological equipment |
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purchased by the district with the district's technology and |
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instructional materials allotment. |
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SECTION 2. Section 31.004(b), Education Code, is amended to |
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read as follows: |
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(b) To determine whether each student has instructional |
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materials that cover all elements of the essential knowledge and |
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skills as required by Subsection (a), a school district or |
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open-enrollment charter school may consider: |
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(1) instructional materials adopted by the State Board |
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of Education; |
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(2) materials adopted or purchased by the commissioner |
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under Section 31.0231 or Subchapter B-1; |
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(3) open-source instructional materials submitted by |
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eligible institutions and adopted by the State Board of Education |
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under Section 31.0241; |
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(4) open-source instructional materials made |
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available by other public schools; [and] |
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(5) instructional materials developed or purchased by |
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the school district or open-enrollment charter school; and |
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(6) open educational resources and other electronic |
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instructional materials included in the repository under Section |
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31.083. |
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SECTION 3. Section 31.005, Education Code, is amended to |
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read as follows: |
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Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS. |
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An open-enrollment charter school is entitled to the technology and |
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instructional materials allotment under this chapter and is subject |
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to this chapter as if the school were a school district. |
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SECTION 4. Section 31.021, Education Code, is amended to |
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read as follows: |
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Sec. 31.021. STATE TECHNOLOGY AND INSTRUCTIONAL MATERIALS |
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FUND. (a) The state technology and instructional materials fund |
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consists of: |
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(1) an amount set aside by the State Board of Education |
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from the available school fund, in accordance with Section |
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43.001(d); and |
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(2) all amounts lawfully paid into the fund from any |
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other source. |
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(c) Money in the state technology and instructional |
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materials fund shall be used to: |
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(1) fund the technology and instructional materials |
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allotment, as provided by Section 31.0211; |
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(2) purchase special instructional materials for the |
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education of blind and visually impaired students in public |
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schools; |
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(3) pay the expenses associated with the instructional |
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materials adoption and review process under this chapter; |
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(4) pay the expenses associated with the purchase or |
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licensing of open-source instructional material; |
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(5) pay the expenses associated with the purchase of |
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instructional material, including intrastate freight and shipping |
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and the insurance expenses associated with intrastate freight and |
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shipping; |
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(6) fund the technology lending grant program |
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established under Section 32.301 [32.201]; [and] |
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(7) provide funding to the Texas School for the Blind |
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and Visually Impaired, the Texas School for the Deaf, and the Texas |
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Juvenile Justice Department; and |
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(8) pay the expenses associated with the instructional |
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materials web portal developed under Section 31.081. |
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(d) Money transferred to the state technology and |
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instructional materials fund remains in the fund until spent and |
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does not lapse to the state at the end of the fiscal year. |
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SECTION 5. The heading to Section 31.0211, Education Code, |
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is amended to read as follows: |
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Sec. 31.0211. TECHNOLOGY AND INSTRUCTIONAL MATERIALS |
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ALLOTMENT. |
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SECTION 6. Sections 31.0211(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) A school district is entitled to an allotment each |
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biennium from the state technology and instructional materials fund |
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for each student enrolled in the district on a date during the last |
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year of the preceding biennium specified by the commissioner. The |
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commissioner shall determine the amount of the allotment per |
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student each biennium on the basis of the amount of money available |
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in the state technology and instructional materials fund to fund |
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the allotment. An allotment under this section shall be |
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transferred from the state technology and instructional materials |
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fund to the credit of the district's technology and instructional |
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materials account as provided by Section 31.0212. |
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(b) A juvenile justice alternative education program under |
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Section 37.011 is entitled to an allotment from the state |
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technology and instructional materials fund in an amount determined |
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by the commissioner. The program shall use the allotment to |
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purchase items listed in Subsection (c) for students enrolled in |
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the program. The commissioner's determination under this |
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subsection is final and may not be appealed. |
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SECTION 7. The heading to Section 31.0212, Education Code, |
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is amended to read as follows: |
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Sec. 31.0212. TECHNOLOGY AND INSTRUCTIONAL MATERIALS |
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ACCOUNT. |
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SECTION 8. Sections 31.0212(a), (b), (d), and (e), |
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Education Code, are amended to read as follows: |
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(a) The commissioner shall maintain a technology and [an] |
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instructional materials account for each school district. In the |
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first year of each biennium, the commissioner shall deposit in the |
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account for each district the amount of the district's technology |
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and instructional materials allotment under Section 31.0211. |
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(b) The commissioner shall pay the cost of instructional |
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materials requisitioned by a school district under Section 31.103 |
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using funds from the district's technology and instructional |
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materials account. |
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(d) Money deposited in a school district's technology and |
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instructional materials account during each state fiscal biennium |
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remains in the account and available for use by the district for the |
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entire biennium. At the end of each biennium, a district with |
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unused money in the district's account may carry forward any |
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remaining balance to the next biennium. |
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(e) The commissioner shall adopt rules as necessary to |
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implement this section. The rules must include a requirement that |
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a school district provide the title and publication information for |
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any instructional materials requisitioned or purchased by the |
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district with the district's technology and instructional |
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materials allotment. |
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SECTION 9. Section 31.0213, Education Code, is amended to |
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read as follows: |
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Sec. 31.0213. CERTIFICATION OF USE OF TECHNOLOGY AND |
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INSTRUCTIONAL MATERIALS ALLOTMENT. Each school district shall |
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annually certify to the commissioner that the district's technology |
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and instructional materials allotment has been used only for |
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expenses allowed by Section 31.0211. |
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SECTION 10. Section 31.0214(a), Education Code, is amended |
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to read as follows: |
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(a) Each year the commissioner shall adjust the technology |
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and instructional materials allotment of school districts |
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experiencing high enrollment growth. The commissioner shall |
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establish a procedure for determining high enrollment growth |
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districts eligible to receive an adjustment under this section and |
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the amount of the technology and instructional materials allotment |
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those districts will receive. |
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SECTION 11. The heading to Section 31.0215, Education Code, |
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is amended to read as follows: |
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Sec. 31.0215. TECHNOLOGY AND INSTRUCTIONAL MATERIALS |
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[MATERIAL] ALLOTMENT PURCHASES. |
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SECTION 12. Sections 31.0215(b) and (c), Education Code, |
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are amended to read as follows: |
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(b) The commissioner may allow a school district or |
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open-enrollment charter school to place an order for instructional |
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materials before the beginning of a fiscal biennium and to receive |
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instructional materials before payment. The commissioner shall |
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limit the cost of an order placed under this section to 80 percent |
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of the estimated amount to which a school district or |
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open-enrollment charter school is estimated to be entitled as |
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provided by Subsection (a) and shall first credit any balance in a |
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district or charter school technology and instructional materials |
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account to pay for an order placed under this section. |
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(c) The commissioner shall make payments for orders placed |
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under this section as funds become available to the technology and |
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instructional materials fund and shall prioritize payment of orders |
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placed under this section over reimbursement of purchases made |
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directly by a school district or open-enrollment charter school. |
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SECTION 13. Section 31.0231(b), Education Code, is amended |
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to read as follows: |
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(b) A school district may select material on the list |
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adopted under Subsection (a) to be funded by the district's |
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technology and instructional materials allotment under Section |
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31.0211. |
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SECTION 14. Section 31.029(a), Education Code, is amended |
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to read as follows: |
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(a) A school district shall purchase with the district's |
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technology and instructional materials allotment or otherwise |
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acquire instructional materials for use in bilingual education |
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classes. |
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SECTION 15. Section 31.031(a), Education Code, is amended |
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to read as follows: |
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(a) A school district may purchase with the district's |
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technology and instructional materials allotment or otherwise |
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acquire instructional materials for use in college preparatory |
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courses under Section 28.014. |
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SECTION 16. Section 31.071(e), Education Code, is amended |
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to read as follows: |
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(e) The costs of administering this subchapter and |
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purchasing state-developed open-source instructional materials |
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shall be paid from the state technology and instructional materials |
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fund, as determined by the commissioner. |
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SECTION 17. Chapter 31, Education Code, is amended by |
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adding Subchapter B-2 to read as follows: |
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SUBCHAPTER B-2. INSTRUCTIONAL MATERIALS WEB PORTAL |
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Sec. 31.081. INSTRUCTIONAL MATERIALS WEB PORTAL. (a) The |
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commissioner shall develop and maintain a web portal to assist |
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school districts and open-enrollment charter schools in selecting |
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instructional materials under Section 31.101. |
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(b) The web portal must include general information such as |
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price, computer system requirements, and any other relevant |
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specifications for each instructional material: |
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(1) on the instructional materials list, including the |
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list adopted under Section 31.0231; or |
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(2) submitted by a publisher for inclusion in the web |
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portal. |
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(c) The commissioner by rule shall establish the procedure |
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by which a publisher may submit instructional materials for |
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inclusion in the web portal. |
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(d) The commissioner shall use a competitive process to |
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contract for the development of the web portal. |
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(e) The commissioner shall use money in the state technology |
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and instructional materials fund to pay any expenses associated |
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with the web portal. |
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Sec. 31.082. QUALITY OF INSTRUCTIONAL MATERIALS SUBMITTED |
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BY PUBLISHER. (a) The commissioner shall contract with a private |
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entity to conduct an independent analysis of each instructional |
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material submitted by a publisher for inclusion in the web portal |
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developed under Section 31.081. The analysis must: |
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(1) evaluate the quality of the material; and |
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(2) determine the extent to which the material covers |
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the essential knowledge and skills identified under Section 28.002 |
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for the subject and grade level for which the material is intended |
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to be used, including an identification of: |
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(A) each of the essential knowledge and skills |
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for the subject and grade level or levels covered by the material; |
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and |
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(B) the percentage of the essential knowledge and |
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skills for the subject and grade level or levels covered by the |
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material. |
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(b) The commissioner shall include in the web portal |
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developed under Section 31.081 the results of each analysis |
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conducted under Subsection (a). |
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Sec. 31.083. INSTRUCTIONAL MATERIALS REPOSITORY. (a) In |
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this section, "open educational resource" means a teaching, |
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learning, or research resource that is in the public domain or has |
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been released under an intellectual property license that permits |
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the free use and repurposing of the resource by any person. The |
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term may include full course curricula, course materials, modules, |
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textbooks, streaming videos, tests, software, and any other tools, |
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materials, or techniques used to support access to knowledge. |
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(b) The commissioner shall include in the web portal |
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developed under Section 31.081 a repository of open educational |
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resources and other electronic instructional materials that school |
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districts and open-enrollment charter schools may access at no |
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cost, including state-developed open-source instructional |
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materials purchased under Subchapter B-1. |
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(c) A publisher may submit instructional materials for |
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inclusion in the repository. |
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Sec. 31.084. RULES. The commissioner may adopt rules as |
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necessary to implement this subchapter. |
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SECTION 18. Section 31.101(f), Education Code, is amended |
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to read as follows: |
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(f) The commissioner shall maintain an online requisition |
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system for school districts to requisition instructional materials |
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to be purchased with the district's technology and instructional |
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materials allotment. |
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SECTION 19. Section 31.151(d), Education Code, is amended |
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to read as follows: |
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(d) A penalty collected under this section shall be |
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deposited to the credit of the state technology and instructional |
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materials fund. |
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SECTION 20. Chapter 32, Education Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. TECHNOLOGY LENDING PROGRAM GRANTS |
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Sec. 32.301. ESTABLISHMENT OF PROGRAM. (a) The |
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commissioner may establish a grant program under which grants are |
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awarded to school districts and open-enrollment charter schools to |
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implement a technology lending program to provide students access |
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to equipment necessary to access and use electronic instructional |
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materials. |
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(b) A school district or an open-enrollment charter school |
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may apply to the commissioner to participate in the grant program. |
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In awarding grants under this subchapter for each school year, the |
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commissioner shall consider: |
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(1) the availability of existing equipment to students |
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in the district or school; |
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(2) other funding available to the district or school; |
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and |
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(3) the district's or school's technology plan. |
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(c) The commissioner may determine the terms of a grant |
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awarded under this section, including limits on the grant amount |
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and approved uses of grant funds. |
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(d) The commissioner may recover funds not used in |
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accordance with the terms of a grant by withholding amounts from any |
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state funds otherwise due to the school district or open-enrollment |
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charter school. |
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Sec. 32.302. FUNDING. (a) The commissioner may use not |
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more than $25 million from the state technology and instructional |
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materials fund under Section 31.021 each state fiscal biennium or a |
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different amount determined by appropriation to administer a grant |
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program established under this subchapter. |
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(b) The cost of administering a grant program under this |
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subchapter must be paid from funds described by Subsection (a). |
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Sec. 32.303. USE OF GRANT FUNDS. (a) A school district or |
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open-enrollment charter school may use a grant awarded under |
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Section 32.301 or other local funds to purchase, maintain, and |
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insure equipment for a technology lending program. |
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(b) Equipment purchased by a school district or |
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open-enrollment charter school with a grant awarded under Section |
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32.301 is the property of the district or school. |
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Sec. 32.304. REVIEW OF PROGRAM. Not later than January 1, |
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2019, the commissioner shall review the grant program established |
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under this subchapter and submit a report to the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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and the presiding officers of the standing committees in the senate |
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and house primarily responsible for public education. This section |
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expires September 1, 2019. |
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SECTION 21. Section 41.124(c), Education Code, is amended |
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to read as follows: |
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(c) A school district that receives tuition for a student |
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from a school district with a wealth per student that exceeds the |
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equalized wealth level may not claim attendance for that student |
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for purposes of Chapters 42 and 46 and the technology and |
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instructional materials allotment under Section 31.0211. |
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SECTION 22. Section 43.001(d), Education Code, is amended |
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to read as follows: |
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(d) Each biennium the State Board of Education shall set |
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aside an amount equal to 50 percent of the distribution for that |
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biennium from the permanent school fund to the available school |
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fund as provided by Section 5(a), Article VII, Texas Constitution, |
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to be placed, subject to the General Appropriations Act, in the |
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state technology and instructional materials fund established |
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under Section 31.021. |
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SECTION 23. Section 403.093(d), Government Code, is amended |
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to read as follows: |
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(d) The comptroller shall transfer from the general revenue |
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fund to the foundation school fund an amount of money necessary to |
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fund the foundation school program as provided by Chapter 42, |
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Education Code. The comptroller shall make the transfers in |
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installments as necessary to comply with Section 42.259, Education |
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Code, and permit the Texas Education Agency, to the extent |
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authorized by the General Appropriations Act, to make temporary |
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transfers from the foundation school fund for payment of the |
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technology and instructional materials allotment under Section |
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31.0211, Education Code. Unless an earlier date is necessary for |
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purposes of temporary transfers for payment of the technology and |
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instructional materials allotment, an installment must be made not |
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earlier than two days before the date an installment to school |
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districts is required by Section 42.259, Education Code, and must |
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not exceed the amount necessary for that payment and any temporary |
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transfers for payment of the technology and instructional materials |
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allotment. |
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SECTION 24. Not later than September 1, 2018, the |
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commissioner of education shall develop the web portal required |
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under Subchapter B-2, Chapter 31, Education Code, as added by this |
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Act. |
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SECTION 25. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3526 was passed by the House on May 9, |
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2017, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3526 on May 26, 2017, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3526 on May 28, 2017, by the following vote: Yeas 147, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3526 was passed by the Senate, with |
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amendments, on May 23, 2017, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3526 on May 28, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |