Amend CSHB 1605 (house committee report) as follows:
(1) On page 7, line 12, strike "unless," and substitute "unless the petition is presented by the parents of less than 50 percent of the students enrolled at the campus and,".
(2) Strike page 7, lines 17 through 19, and substitute the following:
(d) The board of trustees of a school district is not required to conduct a review under this section for a specific subject area or grade level at a specific district campus more than once per school year.
(3) On page 7, between lines 19 and 20, insert the following appropriately lettered subsection and reletter subsequent subsections accordingly:
(____) Parental access to instructional material provided by an instructional material review conducted under this section is in addition to any other right to access instructional material granted by this title or school district policy.
(4) On page 11, line 11, between "The" and "agency", insert "State Board of Education or the".
(5) Strike page 19, lines 20 and 21, and substitute the following:
(f) Funds allotted under this section may not be used to purchase instructional material that contains obscene or harmful content or would otherwise cause the school district to which the funds were allotted to be unable to submit the certification required under Section 31.1011(a)(1)(B) [The commissioner may adopt rules as necessary to implement this section].
(6) On page 22, line 7, strike "and".
(7) On page 22, line 8, between "specifications" and the open bracket, insert the following:
; and
(4) the instructional material to not contain obscene or harmful content and otherwise be compatible with certification requirements under Section 31.1011(a)(1)(B)
(8) On page 22, lines 25 through 27, strike "(c), not later than December 1 of the year preceding the school year for which the revision will take effect, the board shall" and substitute "(c) because the board plans to revise the essential knowledge and skills intended to be covered by the material, the board shall issue a proclamation requesting the revision of the applicable instructional materials and shall, not later than December 1 of the year preceding the school year for which the revision will take effect,".
(9) On page 24, lines 7 and 8, strike "updating the list of approved instructional materials under Section 31.022" and substitute "the proclamation requesting the revision of the instructional materials under Section 31.022(c-1)".
(10) On page 25, line 27, strike "and".
(11) On page 26, line 12, between "material" and the open bracket, insert the following:
; and
(4) whether the material contains obscene or harmful content or is otherwise incompatible with certification requirements under Section 31.1011(a)(1)(B)
(12) On page 42, lines 24 and 25, strike "with the Children's Internet Protection Act (Pub. L. No. 106-554); and" and substitute the following:
with:
(i) the Children's Internet Protection Act (Pub. L. No. 106-554);
(ii) Section 28.0022;
(iii) Section 43.22, Penal Code; and
(iv) any other law or regulation that protects students from obscene or harmful content; and
(13) On page 44, lines 15 and 16, strike "on the list of approved instructional materials adopted under Section 31.022 [31.023]" and substitute "[on the list adopted under Section 31.023]".
(14) On page 47, lines 18 and 19, strike "including a condition that the instructional material cannot be shared" and substitute "which may not limit or exclude access to instructional material based on the uses of the material that would otherwise be permitted under fair use provisions of copyright law".
(15) On page 52, between lines 14 and 15, insert the following appropriately lettered subsection:
(____) Section 21.4045(b), Education Code, as added by this Act, applies only to a contract entered into on or after the effective date of this Act. A contract entered into before the effective date of this Act is governed by the law in effect on the date the contract was entered into, and the former law is continued in effect for that purpose.