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A BILL TO BE ENTITLED
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AN ACT
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relating to the purchase of online library resources for primary |
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and secondary schools by the Texas State Library and Archives |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter M, Chapter 441, Government Code, is |
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amended by adding Section 441.231 to read as follows: |
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Sec. 441.231. ONLINE LIBRARY RESOURCES FOR PRIMARY AND |
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SECONDARY SCHOOLS. (a) The commission shall use funds |
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appropriated to the commission or consortium services fees |
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collected from school districts under Section 441.224(b) to |
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purchase online library resources for primary and secondary schools |
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that: |
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(1) meet the standards adopted by the State Board of |
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Education under this section; and |
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(2) have adopted Internet safety policies and |
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technology protection measures meeting the requirements for |
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certification under 47 U.S.C. Sections 254(h)(5)(B) and (C). |
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(b) The State Board of Education by rule shall adopt |
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standards for online library resources purchased under Subsection |
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(a). |
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(c) The commission may purchase online library resources |
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under Subsection (a) only if the vendor providing the resources |
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certifies that the resources comply with: |
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(1) the standards adopted by the State Board of |
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Education under this section; and |
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(2) 47 U.S.C. Section 254(h)(5). |
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(d) If the State Board of Education finds that a vendor |
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subject to Subsection (c) is not substantially complying with the |
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standards adopted by the board or the requirements of 47 U.S.C. |
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Section 254(h)(5), the board shall notify the vendor of the |
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vendor's noncompliance. If the vendor fails to substantially |
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comply with the standards and federal law on or before the 90th day |
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after the date the vendor receives the notice, the board shall |
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notify the commission and the commission may withhold further |
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payments to the vendor pending verification of compliance with the |
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standards and federal law. |
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(e) If a vendor described by Subsection (d) fails to verify |
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that the vendor is in compliance with the standards and federal law |
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on or before the 180th day after the date the vendor receives the |
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notice of noncompliance described by that subsection, the |
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commission may consider the vendor's act of noncompliance a breach |
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of contract. |
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(f) Not later than December 1 of each year, the commission |
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shall submit to the Legislative Budget Board and the office of the |
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governor a report on any issues related to vendor compliance with: |
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(1) standards adopted by the State Board of Education |
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under this section; and |
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(2) technology protection measures required by 47 |
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U.S.C. Section 254(h)(5). |
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(g) The State Board of Education by rule shall establish a |
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system to promptly and efficiently address complaints filed with |
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the board regarding: |
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(1) online library resources purchased by the |
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commission under Subsection (a); and |
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(2) vendors providing online library resources |
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described by Subdivision (1). |
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SECTION 2. This Act takes effect September 1, 2023. |