Law:Title 2. Public Education. Subtitle F. Curriculum, Programs, And Services from Chapter 31. Textbooks (Texas)

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Subtitle F. Curriculum, Programs, And Services

Contents

Chapter 31. Textbooks

Subchapter A. General Provisions

Section  31.001.  Free Textbooks.

Textbooks selected for use in the public schools shall be furnished without cost to the students attending those schools.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  31.002.  Definitions.

In this chapter:

(1)  "Electronic textbook" means computer software, interactive videodisc, magnetic media, CD-ROM, computer courseware, on-line services, an electronic medium, or other means of conveying information to the student or otherwise contributing to the learning process through electronic means, including an open-source textbook.

(1-a) "Open-source textbook" means an electronic textbook that is available for downloading from the Internet at no charge to a student and without requiring the purchase of an unlock code, membership, or other access or use charge, except for a charge to order an optional printed copy of all or part of the textbook.  The term includes a state-developed open-source textbook purchased under Subchapter B-1.

(2)  "Publisher" includes an on-line service or a developer or distributor of an electronic textbook.

(3)  "Textbook" means a book, a system of instructional materials, or a combination of a book and supplementary instructional materials that conveys information to the student or otherwise contributes to the learning process, or an electronic textbook.

(4)  "Technological equipment" means hardware, a device, or equipment necessary for:

(A)  instructional use in the classroom, including to gain access to or enhance the use of an electronic textbook; or

(B)  professional use by a classroom teacher.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 1, eff. September 1, 2009.



Section  31.003.  Rules.

The State Board of Education may adopt rules, consistent with this chapter, for the adoption, requisition, distribution, care, use, and disposal of textbooks.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section 31.004.  Certification Of Provision Of Textbooks, Electronic Textbooks, And Instructional Materials.

Each school district and open-enrollment charter school shall annually certify to the State Board of Education and the commissioner that, for each subject in the required curriculum and each grade level, the district provides each student with textbooks, electronic textbooks, or instructional materials that cover all elements of the essential knowledge and skills adopted by the State Board of Education for that subject and grade level.

Added by Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 2, eff. September 1, 2009.



Subchapter B. State Funding, Adoption, And Purchase

Section  31.021.  State Textbook Fund.

(a) The state textbook fund consists of:

(1)  an amount set aside by the State Board of Education from the available school fund;

(2)  all funds accruing from the state's sale of disused textbooks; and

(3)  all amounts lawfully paid into the fund from any other source.

(b)  The State Board of Education shall annually set aside out of the available school fund of the state an amount sufficient for the board, school districts, and open-enrollment charter schools to purchase and distribute the necessary textbooks for the use of the students of this state for the following school year. The board shall determine the amount of the available school fund to set aside for the state textbook fund based on:

(1)  a report by the commissioner issued on July 1 or, if that date is a Saturday or Sunday, on the following Monday, stating the amount of unobligated money in the fund;

(2)  the commissioner's estimate, based on textbooks selected under Section 31.101 and on attendance reports submitted under Section 31.103 by school districts and open-enrollment charter schools, of the amount of funds, in addition to funds reported under Subdivision (1), that will be necessary for purchase and distribution of textbooks for the following school year; and

(3)  any amount the board determines should be set aside for emergency purposes caused by unexpected increases in attendance.

(d)  Money transferred to the state textbook fund remains in the fund until spent and does not lapse to the state at the end of the fiscal year.

(e)  All necessary expenses incurred under this chapter shall be paid from the state textbook fund on invoices approved by the commissioner.

(f)  The state textbook fund may be used to purchase technological equipment necessary to support the use of electronic textbooks or instructional material included on the list adopted under Section 31.0231 or any textbook or material approved by the State Board of Education.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 258, Sec. 1, 2, eff. May 26, 1997; Acts 2003, 78th Leg., ch. 201, Sec. 20, eff. June 10, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1339, Sec. 2, eff. June 18, 2005.

Acts 2009, 81st Leg., R.S., Ch. 1407, Sec. 2, eff. June 19, 2009.



Section  31.022.  Textbook Review And Adoption. (a)

The State Board of Education shall adopt a review and adoption cycle for textbooks for elementary grade levels, including prekindergarten, and secondary grade levels, for each subject in the required curriculum under Section 28.002.

(b)  The board shall organize the cycle for subjects in the foundation curriculum so that not more than one-sixth of the textbooks for subjects in the foundation curriculum are reviewed each year. The board shall adopt rules to provide for a full and complete investigation of textbooks for each subject in the foundation curriculum at least every six years. The adoption of textbooks for a subject in the foundation curriculum may be extended beyond the six-year period only if the content of textbooks for a subject is sufficiently current.

(c)  The board shall adopt rules to provide for a full and complete investigation of textbooks for each subject in the enrichment curriculum on a cycle the board considers appropriate.

(d)  At least 24 months before the beginning of the school year for which textbooks for a particular subject and grade level will be purchased under the review and adoption cycle adopted by the board, the board shall publish notice of the review and adoption cycle for those textbooks.

(e)  The board shall designate a request for production of textbooks in a subject area and grade level by the school year in which the textbooks are intended to be made available in classrooms and not by the school year in which the board makes the request for production.

(f)  The board shall amend any request for production issued for the purchase of textbooks to conform to the textbook funding levels provided by the General Appropriations Act for the year of implementation.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 445, Sec. 2, eff. June 16, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1407, Sec. 3, eff. June 19, 2009.



Section 31.0221.  Midcycle Review And Adoption Of Textbooks. (a

) The State Board of Education shall adopt rules for the midcycle review and adoption of a textbook for a subject for which textbooks are not currently under review by the board under Section 31.022.  The rules must require:

(1)  the publisher of the textbook to pay a fee to the board to cover the cost of the midcycle review and adoption of the textbook;

(2)  the publisher of the textbook to enter into a contract with the board concerning the textbook for a term that ends at the same time as any contract entered into by the board for another textbook for the same subject and grade level; and

(3)  a commitment from the publisher to provide the textbook to school districts in the manner specified by the publisher, which may include:

(A)  providing the textbook to any district in a regional education service center area identified by the publisher; or

(B)  providing a certain maximum number of textbooks specified by the publisher.

(b)  Sections 31.023 and 31.024 apply to a textbook adopted under this section.  Section 31.027 does not apply to a textbook adopted under this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 445, Sec. 3, eff. June 16, 2007.



Section 31.0222.  Budget-balanced Cycle.

In determining the review and adoption cycle of textbooks under Section 31.022, the State Board of Education shall:

(1)  consult with the Legislative Budget Board and the governor's office of budget, planning, and policy before approving and publishing any notice or amendment of a cycle;

(2)  review and consider:

(A)  historic average funding levels for textbooks purchased in previous bienniums;

(B)  expected average costs of future textbook purchases;

(C)  anticipated student enrollment in future years;

(D)  scheduled revisions to curriculum; and

(E)  the impact on the state budget of the adoption of textbooks in all or some grade levels in a subject area; and

(3)  limit the cycle to subject areas for which textbooks can be purchased with the funding anticipated to be available in the state textbook fund for the school year in which the textbooks are to be adopted.

Added by Acts 2007, 80th Leg., R.S., Ch. 445, Sec. 3, eff. June 16, 2007.



Section  31.023.  Textbook Lists. (a

) For each subject and grade level, the State Board of Education shall adopt two lists of textbooks.  The conforming list includes each textbook submitted for the subject and grade level that meets applicable physical specifications adopted by the State Board of Education and contains material covering each element of the essential knowledge and skills of the subject and grade level in the student version of the textbook, as well as in the teacher version of the textbook, as determined by the State Board of Education under Section 28.002 and adopted under Section 31.024.  The nonconforming list includes each textbook submitted for the subject and grade level that:

(1)  meets applicable physical specifications adopted by the State Board of Education;

(2)  contains material covering at least half, but not all, of the elements of the essential knowledge and skills of the subject and grade level in the student version of the textbook, as well as in the teacher version of the textbook; and

(3)  is adopted under Section 31.024.

(b)  Each textbook on a conforming or nonconforming list must be free from factual errors.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 445, Sec. 4, eff. June 16, 2007.



Section 31.0231.  Electronic Textbook And Instructional Material List.

(a) The commissioner shall adopt a list of:

(1)  electronic textbooks; and

(2)  instructional material that conveys information to the student or otherwise contributes to the learning process, including tools, models, and investigative materials designed for use as part of the foundation curriculum for science in kindergarten through grade five.

(b)  A school district may select an electronic textbook or instructional material on the list adopted under Subsection (a) to be funded by the state textbook fund under Section 31.021.

(c)  Before the commissioner places an electronic textbook or instructional material on the list adopted under Subsection (a), the State Board of Education must be given an opportunity to comment on the electronic textbook or instructional material.  An electronic textbook or instructional material placed on the list adopted under Subsection (a):

(1)  must be reviewed and recommended to the commissioner by a panel of recognized experts in the subject area of the electronic textbook or instructional material and experts in education technology;

(2)  must satisfy criteria adopted for the purpose by commissioner rule; and

(3)  must meet the National Instructional Materials Accessibility Standard, to the extent practicable as determined by the commissioner.

(d)  The criteria adopted under Subsection (c)(2) must:

(1)  include evidence of alignment with current research in the subject for which the electronic textbook or instructional material is intended to be used;

(2)  include coverage of the essential knowledge and skills identified under Section 28.002 for the subject for which the electronic textbook or instructional material is intended to be used and identify:

(A)  each of the essential knowledge and skills for the subject and grade level or levels covered by the electronic textbook or instructional material; and

(B)  the percentage of the essential knowledge and skills for the subject and grade level or levels covered by the electronic textbook or instructional material; and

(3)  include appropriate training for teachers.

(e)  The commissioner shall update, as necessary, the list adopted under Subsection (a).  Before the commissioner places an electronic textbook or instructional material on the updated list, the requirements of Subsection (c) must be met.  Before the commissioner removes an electronic textbook or instructional material from the updated list, the removal must be recommended by a panel of recognized experts in the subject area of the electronic textbook or instructional material and experts in education technology.

(f)  After notice to the commissioner explaining in detail the changes, the provider of an electronic textbook or instructional material on the list adopted under Subsection (a) may update the navigational features or management system related to the electronic textbook or instructional material.

(g)  After notice to the commissioner and a review by the commissioner, the provider of an electronic textbook or instructional material on the list adopted under Subsection (a) may update the content of the electronic textbook or instructional material if needed to accurately reflect current knowledge or information.

(h)  The commissioner shall adopt rules as necessary to implement this section.  The rules must:

(1)  be consistent with Section 31.151 regarding the duties of publishers and manufacturers, as appropriate, and the imposition of a reasonable administrative penalty; and

(2)  require public notice of an opportunity for the submission of an electronic textbook or instructional material.

Added by Acts 2009, 81st Leg., R.S., Ch. 1407, Sec. 4, eff. June 19, 2009.



Section  31.024.  Adoption By State Board Of Education.

(a) By majority vote, the State Board of Education shall:

(1)  place each submitted textbook on a conforming or nonconforming list; or

(2)  reject a textbook submitted for placement on a conforming or nonconforming list.

(b)  Not later than December 1 of the year preceding the school year for which the textbooks for a particular subject and grade level will be purchased under the cycle adopted by the board under Section 31.022, the board shall provide the lists of adopted textbooks to each school district. Each nonconforming list must include the reasons an adopted textbook is not eligible for the conforming list.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section 31.0241.  Adoption Of Open-source Textbooks.

(a) In this section, "eligible institution" means:

(1)  a public institution of higher education that is designated as a research university or emerging research university under the higher education coordinating board's accountability system, or a private university located in this state that is a member of the Association of American Universities; or

(2)  a public technical institute, as defined by Section 61.003.

(b)  The State Board of Education shall place an open-source textbook for a secondary-level course submitted for adoption by an eligible institution on a conforming or nonconforming list if:

(1)  the textbook is written, compiled, or edited primarily by faculty of the eligible institution who specialize in the subject area of the textbook;

(2)  the eligible institution identifies each contributing author;

(3)  the appropriate department of the eligible institution certifies the textbook for accuracy; and

(4)  the eligible institution determines that the textbook qualifies for placement on the conforming or nonconforming list based on the extent to which the textbook covers the essential knowledge and skills identified under Section 28.002 for the subject for which the  textbook is written and certifies that:

(A)  for a textbook for a senior-level course, a student who successfully completes a course based on the textbook will be prepared, without remediation, for entry into the eligible institution's freshman-level course in that subject; or

(B)  for a textbook for a junior-level and senior-level course, a student who successfully completes the junior-level course based on the textbook will be prepared for entry into the senior-level course.

(c)  This section does not prohibit an eligible institution from submitting a textbook for placement on a conforming or nonconforming list through any other adoption process provided by this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 3, eff. September 1, 2009.



Section  31.025.  Limitation On Cost.

(a) The State Board of Education shall set a limit on the cost that may be paid from the state textbook fund for a textbook placed on the conforming or nonconforming list for a particular subject and grade level. The board may not reject a textbook for placement on the conforming or nonconforming list because the textbook's price exceeds the limit established under this subsection.

(b)  Subject to Section 31.151, if a school district or open-enrollment charter school selects a textbook from a conforming or nonconforming list that exceeds the limit established under Subsection (a):

(1)  the state shall pay the publisher an amount equal to the limit established under Subsection (a) multiplied by the number of textbooks the district or school requisitions; and

(2)  the district or school is responsible for the remainder of the cost.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  31.026.  Contract; Price.

(a) The State Board of Education shall execute a contract:

(1)  for the purchase of each adopted textbook other than an electronic textbook; and

(2)  for the purchase or licensing of each adopted electronic textbook.

(b)  A contract must require the publisher to provide the number of textbooks required by school districts in this state for the term of the contract, which must coincide with the board's adoption cycle.

(c)  As applicable, a contract must provide for the purchase or licensing of a textbook at a specific price, which may not exceed the lowest price paid by any other state or any school or school district. The price must be fixed for the term of the contract.

(e)  This section does not apply to an open-source textbook.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 4, eff. September 1, 2009.



Section 31.0261.  Contracts For Printing Of Open-source Textbooks. The

State Board of Education may execute a contract for the printing of an open-source textbook listed on the conforming or nonconforming list. The contract must allow a school district to requisition printed copies of an open-source textbook as provided by Section 31.103.

Added by Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 5, eff. September 1, 2009.



Section  31.027.  Information To School Districts; Sample Copies.

(a) A publisher shall provide each school district and open-enrollment charter school with information that fully describes each of the publisher's adopted textbooks. On request of a school district, a publisher shall provide a sample copy of an adopted textbook.

(b)  A publisher shall provide at least two sample copies of each adopted textbook to be maintained at each regional education service center.

(d)  This section does not apply to an open-source textbook.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 6, eff. September 1, 2009.



Section  31.028.  Special Textbooks.

(a) The State Board of Education may purchase special textbooks for the education of blind and visually impaired students in public schools. In addition, for a teacher who is blind or visually impaired, the board shall provide a teacher's edition in Braille or large type, as requested by the teacher, for each textbook the teacher uses in the instruction of students. The teacher edition must be available at the same time the student textbooks become available.

(b)  The publisher of an adopted textbook shall provide the agency with computerized textbook files for the production of Braille textbooks or other versions of textbooks to be used by students with disabilities, on request of the State Board of Education. A publisher shall arrange computerized textbook files in one of several optional formats specified by the State Board of Education.

(c)  The board may also enter into agreements providing for the acceptance, requisition, and distribution of special textbooks and instructional aids pursuant to 20 U.S.C. Section 101 et seq. for use by students enrolled in:

(1)  public schools; or

(2)  private nonprofit schools, if state funds, other than for administrative costs, are not involved.

(d)  In this section:

(1)  "Blind or visually impaired student" includes any student whose visual acuity is impaired to the extent that the student is unable to read the print in a regularly adopted textbook used in the student's class.

(2)  "Special textbook" means a textbook in Braille, large type or any other medium or any apparatus that conveys information to a student or otherwise contributes to the learning process.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  31.029.  Bilingual Textbooks.

The board shall purchase or otherwise acquire textbooks for use in bilingual education classes.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  31.030.  Used Textbooks.

The State Board of Education shall adopt rules to ensure that used textbooks sold to school districts and open-enrollment charter schools are not sample copies that contain factual errors. The rules may provide for the imposition of an administrative penalty in accordance with Section 31.151 against a seller of used textbooks who knowingly violates this section.

Added by Acts 2001, 77th Leg., ch. 805, Sec. 2, eff. June 14, 2001.



Section 31.035.  Supplemental Textbooks. (a

) Notwithstanding any other provision of this subchapter, the State Board of Education may adopt supplemental textbooks that are not on the conforming or nonconforming list under Section 31.023.  The State Board of Education may adopt a supplemental textbook under this section only if the textbook:

(1)  contains material covering one or more primary focal points or primary topics of a subject in the required curriculum under Section 28.002, as determined by the State Board of Education;

(2)  is not designed to serve as the sole textbook for a full course;

(3)  meets applicable physical specifications adopted by the State Board of Education; and

(4)  is free from factual errors.

(b)  The State Board of Education shall identify the essential knowledge and skills identified under Section 28.002 that are covered by a supplemental textbook adopted by the board under this section.

(c)  A supplemental textbook is subject to the review and adoption cycle provisions, including the midcycle review and adoption cycle provisions, of this subchapter.

(d)  A school district or open-enrollment charter school may requisition a supplemental textbook adopted under this section only if the district or school:

(1)  uses textbook credits received under Section 31.1011 to purchase the supplemental textbook; or

(2)  instead of requisitioning a textbook on the conforming list under Section 31.023 for a course in the foundation curriculum under Section 28.002, requisitions the supplemental textbook along with other supplemental textbooks or textbooks on the nonconforming list under Section 31.023 that in combination cover each element of the essential knowledge and skills for the course for which the district or school is requisitioning the supplemental textbooks.

(e)  If the total cost for the supplemental textbooks requisitioned by a school district or open-enrollment charter school under Subsection (d)(2) for a course is less than the limit on the cost under Section 31.025(a) for a single textbook on the conforming list for the course, the district or school is entitled to receive credit under Section 31.1011 in the same manner as if the single textbook were selected.  If the total cost for the supplemental textbooks requisitioned by a school district or open-enrollment charter school under Subsection (d)(2) for a course is greater than the limit on the cost under Section 31.025(a) for a single textbook on the conforming list for the course, the district or school may apply credits received under Section 31.1011 toward the difference for the supplemental textbooks.

(f)  A school district or open-enrollment charter school that requisitions supplemental textbooks under Subsection (d)(2) shall certify to the agency that the supplemental textbooks, in combination with any other textbooks or supplemental textbooks used by the district or school, cover the essential knowledge and skills identified under Section 28.002 by the State Board of Education for the subject and grade level for which the district or school is requisitioning the supplemental textbooks.

(g)  Sections 31.101(b) and (c) do not apply to supplemental textbooks requisitioned under this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 445, Sec. 5, eff. June 16, 2007.



Subchapter B-1. State-developed Open-source Textbooks

Section 31.071.  Purchase Authority.

(a) The commissioner may purchase state-developed open-source textbooks in accordance with this subchapter.

(b)  The commissioner:

(1)  shall purchase any state-developed open-source textbooks through a competitive process; and

(2)  may purchase more than one state-developed open-source textbook for a subject or grade level.

(c)  A state-developed open-source textbook must be irrevocably owned by or licensed to the state for use in the applicable subject or grade level.  The state must have unlimited authority to modify, delete, combine, or add content to the textbook after purchase.

(d)  The commissioner may issue a request for proposals for a state-developed open-source textbook:

(1)  in accordance with the textbook review and adoption cycle under Section 31.022; or

(2)  at any other time the commissioner determines that a need exists for additional textbook options.

(e)  The costs of administering this subchapter and purchasing state-developed open-source textbooks shall be paid from the state textbook fund, as determined by the commissioner.

Added by Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 7, eff. September 1, 2009.



Section 31.072.  Content Requirements.

(a) A state-developed open-source textbook must:

(1)  be evaluated by teachers or other experts, as determined by the commissioner, before purchase; and

(2)  meet the requirements for inclusion on a conforming or nonconforming textbook list under Section 31.023.

(b)  Following a curriculum revision by the State Board of Education, the commissioner shall require the revision of a state-developed open-source textbook relating to that curriculum.  The commissioner may, at any time, require an additional revision of a state-developed open-source textbook or contract for ongoing revisions of a textbook for a period not to exceed the period under Section 31.022 for which a textbook for that subject and grade level may be adopted.  The commissioner shall use a competitive process to request proposals to revise a state-developed open-source textbook under this subsection.

(c)  The commissioner shall provide for special and bilingual state-developed open-source textbooks in the same manner provided under Sections 31.028 and 31.029.

Added by Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 7, eff. September 1, 2009.



Section 31.073.  Cost.

(a) For purposes of this section, the commissioner shall determine the cost to a school district or open-enrollment charter school for a state-developed open-source textbook in an amount sufficient to cover state expenses associated with the textbook, including expenses incurred by the state in soliciting, evaluating, revising, and purchasing the textbook.

(b)  If a school district or open-enrollment charter school selects a state-developed open-source textbook instead of another textbook adopted under Subchapter B, the difference between the cost determined by the commissioner under Subsection (a) and the maximum price for a textbook in the same subject area, as determined by the State Board of Education under Section 31.025, shall be allocated as follows:

(1)  50 percent of the amount shall be credited to the state textbook fund under Section 31.021 to be used for purposes of this subchapter; and

(2)  50 percent of the amount shall be credited to the school district or open-enrollment charter school for use as provided by Section 31.1011(c).

(c)  Notwithstanding Section 31.022, a school district or open-enrollment charter school may adopt a state-developed open-source textbook at any time, regardless of the textbook review and adoption cycle under that section.

(d)  A school district or open-enrollment charter school may not be charged for selection of a state-developed open-source textbook in addition to a textbook adopted under Subchapter B.

Added by Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 7, eff. September 1, 2009.



Section 31.074.  Distribution.

(a) The commissioner shall provide for the distribution of state-developed open-source textbooks in a manner consistent with distribution of textbooks adopted under Subchapter B.

(b)  The commissioner may use a competitive process to contract for printing or other reproduction of a state-developed open-source textbook on behalf of a school district or open-enrollment charter school. The commissioner may not require a school district or open-enrollment charter school to contract with a state-approved provider for the printing or reproduction of a state-developed open-source textbook.

Added by Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 7, eff. September 1, 2009.



Section 31.075.  Ownership; Licensing.

(a) A state-developed open-source textbook is the property of the state.

(b)  The commissioner shall provide a license to each public school in the state, including a school district, an open-enrollment charter school, and a state or local agency educating students in any grade from prekindergarten through high school, to use and reproduce a state-developed open-source textbook.

(c)  The commissioner may provide a license to use a state-developed open-source textbook to an entity not listed in Subsection (b).  In determining the cost of a license under this subsection, the commissioner shall seek, to the extent feasible, to recover the costs of developing, revising, and distributing state-developed open-source textbooks.

Added by Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 7, eff. September 1, 2009.



Section 31.076.  Rules; Finality Of Decisions.

(a) The commissioner may adopt rules necessary to implement this subchapter.

(b)  A decision by the commissioner regarding the purchase, revision, cost, or distribution of a state-developed open-source textbook is final and may not be appealed.

Added by Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 7, eff. September 1, 2009.



Section 31.077.  Adoption Schedule.

The commissioner shall develop a schedule for the adoption of state-developed open-source textbooks under this subchapter. In developing the adoption schedule under this section, the commissioner shall consider:

(1)  the availability of funds;

(2)  the existing textbook adoption cycles under Subchapter B; and

(3)  the availability of textbooks for development or purchase by the state.

Added by Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 7, eff. September 1, 2009.



Subchapter C. Local Operations

Section  31.101.  Selection And Purchase Of Textbooks By School Districts.

(a) Each year, during a period established by the State Board of Education, the board of trustees of each school district and the governing body of each open-enrollment charter school shall:

(1)  for a subject in the foundation curriculum, notify the State Board of Education of the textbooks selected by the board of trustees or governing body for the following school year from among the textbooks on the appropriate conforming or nonconforming list, including the list adopted under Section 31.0231; or

(2)  for a subject in the enrichment curriculum:

(A)  notify the State Board of Education of each textbook selected by the board of trustees or governing body for the following school year from among the textbooks on the appropriate conforming or nonconforming list, including the list adopted under Section 31.0231; or

(B)  notify the State Board of Education that the board of trustees or governing body has selected a textbook that is not on the conforming or nonconforming list.

(b)  If a school district or open-enrollment charter school selects a textbook for a particular subject in the enrichment curriculum and grade level that is not on the conforming or nonconforming list, the state shall pay to the district or school an amount equal to the lesser of:

(1)  70 percent of the cost to the district of the textbook, multiplied by the number of textbooks the district or school needs for that subject and grade level; or

(2)  70 percent of the limitation established under Section 31.025 for a textbook for that subject and grade level, multiplied by the number of textbooks the district or school needs for that subject and grade level.

(b-1)  If a school district or open-enrollment charter school selects for a particular subject or grade level an electronic textbook or instructional material on the list adopted under Section 31.0231, the state shall pay the district or school an amount equal to the cost of the electronic textbook or instructional material plus textbook credits under Section 31.1011 equal to 50 percent of the difference between that cost and the limitation established under Section 31.025 for a textbook for that subject and grade level, multiplied by the number of electronic textbooks or instructional materials the district or school needs for that subject and grade level.

(c)  A school district or open-enrollment charter school that selects a textbook that is not on the conforming or nonconforming list or that selects an electronic textbook or instructional material that is on the list adopted under Section 31.0231:

(1)  is responsible for the portion of the cost of the textbook that is not paid by the state under Subsection (b); and

(2)  may use funds received from the state under Subsection (b) or (b-1), as applicable, for purchasing the textbook, electronic textbook, or instructional material for which the funds were received or supplementing the allotment under Section 32.005 to purchase technological equipment according to rules adopted by the commissioner.

(c-1)  Notwithstanding any other provision of this chapter, a school district or open-enrollment charter school must purchase a classroom set of textbooks adopted by the State Board of Education under Section 31.023 or 31.035 for each subject and grade level in the foundation and enrichment curriculum.

(d)  For a textbook that is not on the conforming or nonconforming list, a school district or open-enrollment charter school must use the textbook for the period of the review and adoption cycle the State Board of Education has established for the subject and grade level for which the textbook is used.

(e)  A school district or open-enrollment charter school that selects a subscription-based electronic textbook or instructional material on the conforming list under Section 31.023 or the list adopted under Section 31.0231 may cancel the subscription and subscribe to a new electronic textbook or instructional material on the conforming list under Section 31.023 or the list adopted under Section 31.0231 before the end of the state contract period under Section 31.026 if:

(1)  the district or school has used the electronic textbook or instructional material for at least one school year; and

(2)  the agency approves the change based on a written request to the agency by the district or school that specifies the reasons for changing the electronic textbook or instructional material used by the district or school.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1407, Sec. 5, eff. June 19, 2009.



Section 31.1011.  Textbook Credits.

(a) A school district or open-enrollment charter school is entitled to receive credit for textbooks purchased at a cost below the cost limit established under Section 31.025(a).

(b)  The credit is an amount equal to the difference between the price paid for a textbook and the cost limit established under Section 31.025(a) for that textbook multiplied by the number of copies of that textbook the school district or open-enrollment charter school purchases.

(c)  Fifty percent of the total textbook credit of a school district or open-enrollment charter school shall be credited to the state textbook fund, and 50 percent of the credit shall be credited to the district or school to apply toward the requisition of:

(1)  additional textbooks or electronic textbooks that are on the conforming or nonconforming list under Section 31.023 or the components of such textbooks, including any electronic components;

(2)  supplemental textbooks as provided by Section 31.035;

(3)  electronic textbooks or instructional materials on the list adopted under Section 31.0231; or

(4)  technological equipment under Section 31.021(f).

(d)  The legislature may appropriate funds for the purpose of increasing the number of textbook credits available for distribution to school districts and open-enrollment charter schools under this section.  The appropriation may be designated for a particular subject, for the individual elements of a particular subject, or for textbooks for students who need extra assistance.  The appropriation must be provided in an equitable manner.

Added by Acts 2007, 80th Leg., R.S., Ch. 445, Sec. 6, eff. June 16, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1407, Sec. 6, eff. June 19, 2009.



Section  31.102.  Title And Custody.

(a) Each textbook purchased as provided by this chapter is the property of this state.

(b)  Subsection (a) applies to an electronic textbook only to the extent of any applicable licensing agreement.

(c)  The board of trustees of a school district or the governing body of an open-enrollment charter school is the legal custodian of textbooks purchased as provided by this chapter for the district or school. The board of trustees shall distribute textbooks to students in the manner that the board or governing body determines is most effective and economical.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  31.103.  Textbook Requisitions.

(a) Not later than the seventh day after the first school day in April, each principal shall report the maximum attendance for the school to the superintendent. Not later than April 25, the superintendent of a school district or the chief operating officer of an open-enrollment charter school shall report the district's or school's maximum attendance to the commissioner.

(b)  A requisition for textbooks for the following school year shall be based on the maximum attendance reports under Subsection (a), plus an additional 10 percent, except as otherwise provided. A school district or open-enrollment charter school shall make a requisition for a textbook on the conforming or nonconforming list through the commissioner to the state depository designated by the publisher or as provided by State Board of Education rule, as applicable, not later than June 1 of each year. The designated state depository or, if the publisher or manufacturer does not have a designated textbook depository in this state under Section 31.151(a)(6)(B), the publisher or manufacturer shall fill a requisition approved by the agency at any other time in the case of an emergency. As made necessary by available funds, the commissioner shall reduce the additional percentage of attendance for which a district or school may requisition textbooks. The commissioner may, on application of a district or school that is experiencing high enrollment growth, increase the additional percentage of attendance for which the district or school may requisition textbooks.

(c)  In making a requisition under this section, a school district or open-enrollment charter school may requisition textbooks on the conforming or nonconforming list for grades above the grade level in which a student is enrolled, except that the total quantity of textbooks requisitioned under this section may not exceed the limit prescribed by Subsection (b).

(d)  A school district or open-enrollment charter school that selects an open-source textbook shall requisition a sufficient number of printed copies for use by students unable to access the textbook electronically unless the district or school provides to each student:

(1)  electronic access to the textbook at no cost to the student; or

(2)  printed copies of the portion of the textbook that will be used in the course.

(e)  The commissioner may establish a list of equipment or devices that a school district or open-enrollment charter school may purchase using textbook credits or textbook credits in combination with other available funds to provide electronic access to open-source textbooks under Subsection (d)(1).

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 129, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 805, Sec. 4, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 201, Sec. 21, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 8, eff. September 1, 2009.



Section  31.1031.  Shortage Of Requisitioned Textbooks.

If a school district or open-enrollment charter school does not have a sufficient number of copies of a textbook used by the district or school for use during the following school year, and a sufficient number of additional copies will not be available from the depository or the publisher within the time specified by Section 31.151(a)(8), the district or school is entitled to:

(1)  be reimbursed from the state textbook fund, at a rate and in the manner provided by State Board of Education rule, for the purchase of a sufficient number of used adopted textbooks; or

(2)  return currently used textbooks to the commissioner in exchange for sufficient copies, if available, of other textbooks on the conforming or nonconforming list to be used during the following school year.

Added by Acts 2001, 77th Leg., ch. 805, Sec. 5, eff. June 14, 2001.



Section  31.104.  Distribution And Handling.

(a) The board of trustees of a school district or the governing body of an open-enrollment charter school may delegate to an employee the authority to requisition, distribute, and manage the inventory of textbooks in a manner consistent with this chapter and rules adopted under this chapter.

(b)  A school district or open-enrollment charter school may order replacements for textbooks that have been lost or damaged directly from:

(1)  the textbook depository;

(2)  the textbook publisher or manufacturer if the textbook publisher or manufacturer does not have a designated textbook depository in this state under Section 31.151(a)(6)(B); or

(3)  any source for a printed copy of an open-source textbook.

(c)  Each textbook must state that the textbook is the property of or is licensed to this state, as appropriate. Each textbook, other than an electronic textbook or a printed copy of an open-source textbook, must be covered by the student under the direction of the teacher. Except as provided by Subsection (g), a student must return all textbooks to the teacher at the end of the school year or when the student withdraws from school.

(d)  Each student, or the student's parent or guardian, is responsible for each textbook, including an electronic textbook, and all technological equipment not returned in an acceptable condition by the student.  A student who fails to return in an acceptable condition all textbooks, including electronic textbooks, and technological equipment forfeits the right to free textbooks, including electronic textbooks, and technological equipment until each textbook, including an electronic textbook, and all technological equipment previously issued but not returned in an acceptable condition is paid for by the student, parent, or guardian.  As provided by policy of the board of trustees or governing body, a school district or open-enrollment charter school may waive or reduce the payment requirement if the student is from a low-income family.  The district or school shall allow the student to use textbooks, including electronic textbooks, and technological equipment at school during each school day.  If a textbook, including an electronic textbook, or technological equipment is not returned in an acceptable condition or paid for, the district or school may withhold the student's records.  A district or school may not, under this subsection, prevent a student from graduating, participating in a graduation ceremony, or receiving a diploma.  The commissioner by rule shall adopt criteria for determining whether a textbook, including an electronic textbook, and technological equipment are returned in an acceptable condition.

(e)  The board of trustees of a school district may not require an employee of the district who acts in good faith to pay for a textbook, electronic textbook, or technological equipment that is damaged, stolen, misplaced, or not returned.  A school district employee may not waive this provision by contract or any other means, except that a district may enter into a written agreement with a school employee whereby the employee assumes financial responsibility for electronic textbook or technological equipment usage off school property or outside of a school-sponsored event in consideration for the ability of the school employee to use the electronic textbook or technological equipment for personal business.  Such a written agreement shall be separate from the employee's contract of employment, if applicable, and shall clearly inform the employee of the amount of the financial responsibility and advise the employee to consider obtaining appropriate insurance.  An employee may not be required to agree to such an agreement as a condition of employment.

(g)  At the end of the school year for which an open-source textbook that a school district or open-enrollment charter school does not intend to use for another student is distributed, the printed copy of the open-source textbook becomes the property of the student to whom it is distributed.

(h)  This section does not apply to an electronic copy of an open-source textbook.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 129, Sec. 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 805, Sec. 6, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 634, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 116, Sec. 2, eff. May 17, 2007.

Acts 2009, 81st Leg., R.S., Ch. 366, Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 9, eff. September 1, 2009.



Section  31.105.  Sale Of Textbooks.

The board of trustees of a school district or governing body of an open-enrollment charter school may sell textbooks, other than electronic textbooks, to a student or another school at the state contract price. The district shall send money from the sale of textbooks to the commissioner as required by the commissioner. The commissioner shall deposit the money in the state textbook fund.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Section  31.106.  Use Of Local Funds.

In addition to any textbook selected under this chapter, a school district or open-enrollment charter school may use local funds to purchase any textbooks.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Subchapter D. Administrative Penalties And Penal Provisions

Section  31.151.  Duties Of Publishers And Manufacturers.

(a) A publisher or manufacturer of textbooks:

(1)  shall furnish any textbook the publisher or manufacturer offers in this state, at a price that does not exceed the lowest price at which the publisher offers that textbook for adoption or sale to any state, public school, or school district in the United States;

(2)  shall automatically reduce the price of a textbook sold for use in a school district or open-enrollment charter school to the extent that the price is reduced elsewhere in the United States;

(3)  shall provide any textbook or ancillary item free of charge in this state to the same extent that the publisher or manufacturer provides the textbook or ancillary item free of charge to any state, public school, or school district in the United States;

(4)  shall guarantee that each copy of a textbook sold in this state is at least equal in quality to copies of that textbook sold elsewhere in the United States and is free from factual error;

(5)  may not become associated or connected with, directly or indirectly, any combination in restraint of trade in textbooks or enter into any understanding or combination to control prices or restrict competition in the sale of textbooks for use in this state;

(6)  shall:

(A)  maintain a depository in this state or arrange with a depository in this state to receive and fill orders for textbooks, other than open-source textbooks, on-line textbooks, or on-line textbook components, consistent with State Board of Education rules; or

(B)  deliver textbooks to a school district or open-enrollment charter school without a delivery charge to the school district, open-enrollment charter school, or state, if:

(i)  the publisher or manufacturer does not maintain or arrange with a depository in this state under Paragraph (A) and the publisher's or manufacturer's textbooks and related products are warehoused or otherwise stored less than 300 miles from a border of this state; or

(ii)  the textbooks are open-source textbooks, on-line textbooks, or on-line textbook components;

(7)  shall, at the time an order for textbooks is acknowledged, provide to school districts or open-enrollment charter schools an accurate shipping date for textbooks that are back-ordered;

(8)  shall guarantee delivery of textbooks at least 10 business days before the opening day of school of the year for which the textbooks are ordered if the textbooks are ordered by a date specified in the sales contract; and

(9)  shall submit to the State Board of Education an affidavit certifying any textbook the publisher or manufacturer offers in this state to be free of factual errors at the time the publisher executes the contract required by Section 31.026.

(b)  The State Board of Education may impose a reasonable administrative penalty against a publisher or manufacturer who knowingly violates Subsection (a). The board shall provide for a hearing to be held to determine whether a penalty is to be imposed and, if so, the amount of the penalty. The board shall base the amount of the penalty on:

(1)  the seriousness of the violation;

(2)  any history of a previous violation;

(3)  the amount necessary to deter a future violation;

(4)  any effort to correct the violation; and

(5)  any other matter justice requires.

(c)  A hearing under Subsection (b) shall be held according to rules adopted by the State Board of Education.

(d)  A penalty collected under this section shall be deposited to the credit of the state textbook fund.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 129, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 805, Sec. 7, eff. June 14, 2001; Acts 2003, 78th Leg., ch. 1276, Sec. 6.004, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 679, Sec. 10, eff. September 1, 2009.



Section 31.152.  Accepting Rebate On Textbooks, Electronic Textbooks, Instructional Materials, Or Technological Equipment.

(a) A school trustee, administrator, or teacher commits an offense if that person receives any commission or rebate on any textbooks, electronic textbooks, instructional materials, or technological equipment used in the schools with which the person is associated as a trustee, administrator, or teacher.

(b)  A school trustee, administrator, or teacher commits an offense if the person accepts a gift, favor, or service that:

(1)  is given to the person or the person's school;

(2)  might reasonably tend to influence a trustee, administrator, or teacher in the selection of a textbook, electronic textbook, instructional material, or technological equipment; and

(3)  could not be lawfully purchased with funds from the state textbook fund.

(c)  An offense under this section is a Class B misdemeanor.

(d)  In this section, "gift, favor, or service" does not include:

(1)  staff development, in-service, or teacher training; or

(2)  instructional materials, such as maps or worksheets, that convey information to the student or otherwise contribute to the learning process.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 805, Sec. 8, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1407, Sec. 7, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1407, Sec. 8, eff. June 19, 2009.



Section  31.153.  Violation Of Free Textbook Law.

(a) A person commits an offense if the person knowingly violates any law providing for the purchase or distribution of free textbooks for the public schools.

(b)  An offense under this section is a Class C misdemeanor.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.



Subchapter E. Disposition Of Textbooks

Section  31.201.  Disposition Of Textbooks.

(a) The commissioner, with the approval of the State Board of Education, may provide for the disposition of:

(1)  textbooks, other than electronic textbooks, that are no longer in acceptable condition to be used for instructional purposes; or

(2)  discontinued textbooks, other than electronic textbooks.

(b)  The commissioner, as provided by rules adopted by the State Board of Education, shall make available on request copies of discontinued textbooks, other than electronic textbooks, for use in libraries maintained in municipal and county jails, facilities operated by the Texas Department of Criminal Justice for the imprisonment of individuals convicted of felonies other than state jail felonies, and other state agencies.

(c)  The State Board of Education shall adopt rules under which a school district or open-enrollment charter school may donate discontinued textbooks, other than electronic textbooks, to a student, to an adult education program, or to a nonprofit organization.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.049, eff. September 1, 2009.


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