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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on freight and shipping costs included in |
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the price of instructional materials for public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.151(a), Education Code, is amended to |
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read as follows: |
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(a) A publisher or manufacturer of instructional materials: |
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(1) shall furnish any instructional material the |
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publisher or manufacturer offers in this state at a price that does |
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not exceed the lowest price at which the publisher offers that |
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instructional material for adoption or sale to any state, public |
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school, or school district in the United States; |
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(2) shall automatically reduce the price of |
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instructional material sold for use in a school district or |
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open-enrollment charter school to the extent that the price is |
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reduced elsewhere in the United States; |
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(3) shall provide any instructional material or |
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ancillary item free of charge in this state to the same extent that |
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the publisher or manufacturer provides the instructional material |
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or ancillary item free of charge to any state, public school, or |
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school district in the United States; |
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(4) may not include in the price of instructional |
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material a freight and shipping cost that: |
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(A) exceeds the actual cost of delivering the |
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instructional material, as determined based on the standard rate |
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published by the carrier for the specified delivery method of the |
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instructional material; or |
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(B) includes a handling or similar charge that is |
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not directly related to the shipment of physical copies of the |
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instructional material; |
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(5) [(4)] shall guarantee that each copy of |
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instructional material sold in this state is at least equal in |
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quality to copies of that instructional material sold elsewhere in |
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the United States and is free from factual error; |
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(6) [(5)] may not become associated or connected with, |
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directly or indirectly, any combination in restraint of trade in |
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instructional materials or enter into any understanding or |
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combination to control prices or restrict competition in the sale |
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of instructional materials for use in this state; |
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(7) [(6)] shall deliver instructional materials to a |
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school district or open-enrollment charter school; |
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(8) [(7)] shall, at the time an order for |
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instructional materials is acknowledged, provide to school |
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districts or open-enrollment charter schools an accurate shipping |
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date for instructional materials that are back-ordered; |
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(9) [(8)] shall guarantee delivery of instructional |
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materials at least 10 business days before the opening day of school |
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of the year for which the instructional materials are ordered if the |
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instructional materials are ordered by a date specified in the |
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sales contract; |
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(10) [(9)] shall submit to the State Board of |
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Education an affidavit certifying any instructional material the |
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publisher or manufacturer offers in this state to be free of factual |
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errors at the time the publisher executes the contract required by |
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Section 31.026; and |
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(11) [(10)] shall comply with all other standard terms |
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and conditions adopted by the State Board of Education for use in |
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contracts for the procurement of instructional materials under |
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Subsection (a-1). |
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SECTION 2. This Act takes effect September 1, 2025. |