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A BILL TO BE ENTITLED
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AN ACT
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relating to state-developed open education resources 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 31.002, Education Code, is amended by |
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amending Subdivision (1-a) and adding Subdivision (1-b) to read as |
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follows: |
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(1-a) "Open education resources" means teaching, |
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learning, and research resources that reside in the public domain |
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or have been released under an intellectual property license that |
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permits the free use, reuse, modification, and sharing of the |
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resource with others, including full courses, course materials, |
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modules, textbooks, streaming videos, tests, software, and any |
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other tools, materials, or techniques used to support access to |
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knowledge. The term includes a state-developed open education |
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resource purchased under Subchapter B-1. |
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(1-b) "Open-source instructional material" means |
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electronic instructional material that is available for |
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downloading from the Internet at no charge to a student and without |
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requiring the purchase of an unlock code, membership, or other |
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access or use charge, except for a charge to order an optional |
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printed copy of all or part of the instructional material. [The
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term includes state-developed open-source instructional material
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purchased under Subchapter B-1.] |
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SECTION 2. Section 31.021(c), Education Code, is amended to |
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read as follows: |
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(c) Money in the state instructional materials fund shall be |
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used to: |
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(1) fund the instructional materials allotment, as |
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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 education resources and open-source |
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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; and |
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(6) [fund the technology lending grant program
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established under Section 32.201; and
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[(7)] provide funding to the Texas School for the Blind and |
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Visually Impaired, the Texas School for the Deaf, and the Texas |
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Juvenile Justice Department. SECTION 3. Section 31.0211(c), |
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Education Code, is amended to read as follows: |
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(c) Subject to Subsection (d), funds allotted under this |
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section may be used to: |
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(1) purchase: |
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(A) materials on the list adopted by the |
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commissioner, as provided by Section 31.0231; |
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(B) instructional materials, regardless of |
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whether the instructional materials are on the list adopted under |
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Section 31.024; |
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(C) consumable instructional materials, |
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including workbooks; |
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(D) instructional materials for use in bilingual |
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education classes, as provided by Section 31.029; |
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(E) instructional materials for use in college |
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preparatory courses under Section 28.014, as provided by Section |
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31.031; |
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(F) supplemental instructional materials, as |
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provided by Section 31.035; |
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(G) state-developed open education resources |
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[open-source instructional materials], as provided by Subchapter |
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B-1; |
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(H) instructional materials and technological |
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equipment under any continuing contracts of the district in effect |
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on September 1, 2011; and |
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(I) technological equipment necessary to support |
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the use of materials included on the list adopted by the |
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commissioner under Section 31.0231 or any instructional materials |
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purchased with an allotment under this section; and |
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(2) pay: |
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(A) for training education personnel directly |
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involved in student learning in the appropriate use of |
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instructional materials and for providing for access to |
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technological equipment for instructional use; and |
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(B) the salary and other expenses of an employee |
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who provides technical support for the use of technological |
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equipment directly involved in student learning. |
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SECTION 4. Section 31.027(c), Education Code, is amended to |
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read as follows: |
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(c) This section does not apply to open education resources |
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[open-source instructional material]. |
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SECTION 5. The heading to Subchapter B-1, Chapter 31, |
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Education Code, is amended to read as follows: |
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SUBCHAPTER B-1. STATE-DEVELOPED OPEN EDUCATION RESOURCES |
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[OPEN-SOURCE INSTRUCTIONAL MATERIALS] |
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SECTION 6. Section 31.071, Education Code, is amended to |
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read as follows: |
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Sec. 31.071. PURCHASE AUTHORITY. (a) The commissioner may |
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purchase state-developed open education resources [open-source
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instructional materials] in accordance with this subchapter. |
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(b) The commissioner: |
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(1) shall purchase any state-developed open education |
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resources [open-source instructional materials] through a |
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competitive process; and |
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(2) may purchase more than one state-developed open |
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education resource [open-source instructional material] for a |
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subject or grade level. |
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(c) Except as provided by Section 31.0711, a |
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state-developed open education resource [State-developed
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open-source instructional material] must be irrevocably owned by or |
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licensed to the state for use in the applicable subject or grade |
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level. The state must have unlimited authority to modify, delete, |
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combine, or add content to the resource [instructional material] |
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after purchase. |
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(d) The commissioner may issue a request for proposals for |
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state-developed open education resources [open-source
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instructional material]: |
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(1) in accordance with the instructional material |
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review and adoption cycle under Section 31.022; or |
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(2) at any other time the commissioner determines that |
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a need exists for additional instructional material options. |
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(e) The costs of administering this subchapter and |
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purchasing state-developed open education resources [open-source
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instructional materials] shall be paid from the state instructional |
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materials fund, as determined by the commissioner. |
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SECTION 7. Subchapter B-1, Chapter 31, Education Code, is |
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amended by adding Section 31.0711 to read as follows: |
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Sec. 31.0711. CONTENT NOT OWNED BY STATE. (a) A |
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state-developed open education resource may include content not |
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owned by the state and for which preexisting rights may exist if the |
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content: |
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(1) is in the public domain; |
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(2) may be used under a limitation or exception to |
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copyright law; or |
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(3) is licensed to the state for use in an open |
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education resource. |
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(b) Except as provided by Subsection (c), a license |
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described by Subsection (a)(3) must: |
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(1) grant the state unlimited authority to modify, |
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delete, combine, or add content; and |
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(2) permit the free use and repurposing of the |
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resource by any person. |
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(c) The commissioner may waive a requirement under |
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Subsection (b) if: |
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(1) it is not reasonably practical to cover a specific |
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element of essential knowledge and skills with content that the |
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state could own or use without waiving a requirement; |
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(2) the licensed content: |
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(A) may be incorporated into a state-developed |
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open education resource without substantially reducing the |
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authority of the state or another person to use or repurpose the |
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resource as a whole, excluding the specific content to which the |
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waiver applies; and |
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(B) has been generally available to the public |
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before consideration was given to including the content in a |
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state-developed open education resource; and |
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(3) the authority of the state to use the licensed |
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content is not any more restrictive than the authority generally |
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available to the public to use the content. |
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(d) A state-developed open education resource that includes |
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licensed content for which the commissioner waived a requirement |
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under Subsection (c) must include clear notice of the limitations |
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on a user's authority to use or repurpose the licensed content. |
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SECTION 8. Section 31.072, Education Code, is amended to |
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read as follows: |
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Sec. 31.072. CONTENT REQUIREMENTS. (a) State-developed |
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open education resources [open-source instructional material] |
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must: |
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(1) be evaluated by teachers or other experts, as |
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determined by the commissioner, before purchase; and |
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(2) meet the requirements for inclusion on the |
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instructional material list adopted under Section 31.023. |
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(b) Following a curriculum revision by the State Board of |
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Education, the commissioner shall require the revision of |
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state-developed open education resources [open-source
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instructional material] relating to that curriculum. The |
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commissioner may, at any time, require an additional revision of |
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state-developed open education resources [open-source
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instructional material] or contract for ongoing revisions of |
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state-developed open education resources [open-source
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instructional material] for a period not to exceed the period under |
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Section 31.022 for which instructional material for that subject |
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and grade level may be adopted. The commissioner shall use a |
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competitive process to request proposals to revise state-developed |
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open education resources [open-source instructional material] |
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under this subsection. |
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SECTION 9. Sections 31.073(c) and (d), Education Code, are |
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amended to read as follows: |
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(c) Notwithstanding Section 31.022, a school district or |
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open-enrollment charter school may adopt state-developed open |
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education resources [open-source instructional material] at any |
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time, regardless of the instructional material review and adoption |
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cycle under that section. |
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(d) A school district or open-enrollment charter school may |
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not be charged for selection of state-developed open education |
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resources [open-source instructional material] in addition to |
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instructional material adopted under Subchapter B. |
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SECTION 10. Section 31.074, Education Code, is amended to |
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read as follows: |
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Sec. 31.074. DISTRIBUTION. (a) The commissioner shall |
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provide for the distribution of state-developed open education |
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resources [open-source instructional materials] in a manner |
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consistent with distribution of instructional materials adopted |
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under Subchapter B. |
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(b) The commissioner may use a competitive process to |
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contract for printing or other reproduction of state-developed open |
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education resources [open-source instructional material] on behalf |
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of a school district or open-enrollment charter school. The |
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commissioner may not require a school district or open-enrollment |
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charter school to contract with a state-approved provider for the |
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printing or reproduction of state-developed open education |
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resources [open-source instructional material]. |
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SECTION 11. Section 31.075, Education Code, is amended to |
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read as follows: |
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Sec. 31.075. OWNERSHIP; LICENSING. (a) A state-developed |
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open education resource [State-developed open-source instructional
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material] is the property of the state. |
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(b) To encourage the use of state-developed open education |
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resources by school districts and open-enrollment charter schools, |
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the [The] commissioner shall provide a license for a |
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state-developed open education resource that allows for the free |
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use, reuse, modification, or sharing of the resource by any person |
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[to each public school in the state, including a school district, an
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open-enrollment charter school, and a state or local agency
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educating students in any grade from prekindergarten through high
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school, to use and reproduce state-developed open-source
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instructional material]. |
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(c) A license provided by the commissioner under this |
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section: |
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(1) unless exempted by the commissioner, shall require |
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that a user who reproduces a state-developed open education |
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resource in any manner: |
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(A) except as provided by Subdivision (2)(A), |
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must keep all copyright notices for the resource intact; |
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(B) except as provided by Subdivision (2)(A), |
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must attribute the authorship of the resource to the agency or |
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another person specified by the commissioner; |
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(C) must indicate if the user has modified the |
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resource; and |
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(D) may not assert or imply any connection with |
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or sponsorship or endorsement by the agency or this state, unless |
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authorized by the commissioner; and |
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(2) must provide that: |
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(A) the commissioner may request that a user |
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remove a copyright notice or attribution from the resource and that |
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a user must comply with the request to the extent reasonably |
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practicable; and |
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(B) the rights granted under the license to a |
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user are automatically terminated if the user fails to comply with |
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the terms of the license [The commissioner may provide a license to
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use state-developed open-source instructional material to an
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entity not listed in Subsection (b). In determining the cost of a
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license under this subsection, the commissioner shall seek, to the
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extent feasible, to recover the costs of developing, revising, and
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distributing state-developed open-source instructional
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materials]. |
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(d) The commissioner may: |
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(1) specify requirements to reinstate a user's rights |
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under a license that has been terminated; and |
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(2) reinstate a user's rights on completion of those |
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requirements. |
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(e) The commissioner may use a license commonly applied to |
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an open education resource in implementing this section. |
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SECTION 12. Section 31.076(b), Education Code, is amended |
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to read as follows: |
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(b) A decision by the commissioner regarding the purchase, |
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revision, cost, or distribution of state-developed open education |
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resources [open-source instructional material] is final and may not |
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be appealed. |
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SECTION 13. Section 31.103(d), Education Code, is amended |
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to read as follows: |
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(d) A school district or open-enrollment charter school |
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that selects an open education resource or open-source |
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instructional material shall requisition a sufficient number of |
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printed copies for use by students unable to access the |
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instructional material electronically unless the district or |
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school provides to each student: |
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(1) electronic access to the instructional material at |
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no cost to the student; or |
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(2) printed copies of the portion of the instructional |
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material that will be used in the course. |
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SECTION 14. Sections 31.104(b), (g), and (h), Education |
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Code, are amended to read as follows: |
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(b) A school district or open-enrollment charter school may |
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order replacements for instructional materials that have been lost |
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or damaged directly from the publisher of the instructional |
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materials or any source for a printed copy of an open education |
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resource or open-source instructional material. |
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(g) At the end of the school year for which an open education |
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resource or open-source instructional material that a school |
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district or open-enrollment charter school does not intend to use |
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for another student is distributed, the printed copy of the open |
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education resource or open-source instructional material becomes |
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the property of the student to whom it is distributed. |
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(h) This section does not apply to an electronic copy of an |
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open education resource or open-source instructional material. |
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SECTION 15. Section 31.077, Education Code, is repealed. |
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SECTION 16. 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. |