BILL ANALYSIS

H.B. 5515

By: Buckley

Public Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

During the 86th Regular Legislative Session, the Legislature enacted H.B. 396, which removed the geographical limitation on the use of the state instructional materials and technology fund for certain freight, shipping, and insurance expenses. Prior to H.B. 396, only out-of-state shipping costs were covered by the fund, while in-state shipping was paid directly by individual districts. The bill author has informed the committee that the original intent of H.B. 396 was to shift these costs to the state's fund, leveraging the state's bargaining power to secure more competitive shipping rates for districts across Texas; however, this change has produced the opposite effect, resulting in a significant increase in shipping costs. The bill author has further informed the committee that districts now face substantial allowable shipping charges even when the costs are substantially lower or minimal. H.B. 5515 seeks to address this issue by restricting the charges that a publisher or manufacturer of instructional materials may include in the price of instructional material.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 5515 amends the Education Code to prohibit a publisher or manufacturer of instructional materials from including in the price of instructional material a freight and shipping cost that meets the following conditions:

· exceeds the actual cost of delivering the instructional material, as determined based on the standard rate published by the carrier for the specified delivery method of the instructional material; or

· includes a handling or similar charge that is not directly related to the shipment of physical copies of the instructional material.

EFFECTIVE DATE

September 1, 2025.