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�	H.B.�No.�4294

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�	AN ACT
�	relating to textbooks, electronic textbooks, instructional
�	material, and technological equipment in public schools.
�	�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	�������SECTION�1.��Subchapter A, Chapter 31, Education Code, is
�	amended by adding Section 31.004 to read as follows:
�	�������Sec.�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 foundation 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.
�	�������SECTION�2.��Section 31.021, Education Code, is amended by
�	adding Subsection (f) to read as follows:
�	�������(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.
�	�������SECTION�3.��Section 31.022, Education Code, is amended by
�	adding Subsection (f) to read as follows:
�	�������(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.
�	�������SECTION�4.��Subchapter B, Chapter 31, Education Code, is
�	amended by adding Section 31.0231 to read as follows:
�	�������Sec.�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.
�	�������SECTION�5.��Section 31.101, Education Code, is amended by
�	amending Subsections (a) and (c) and adding Subsections (b-1),
�	(c-1), and (e) to read as follows:
�	�������(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-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,�[only] 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.
�	�������(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.
�	�������SECTION�6.��Section 31.1011(c), Education Code, is amended
�	to read as follows:
�	�������(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; [or]
�	�������������(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).
�	�������SECTION�7.��The heading to Section 31.152, Education Code,
�	is amended to read as follows:
�	�������Sec.�31.152.��ACCEPTING REBATE ON TEXTBOOKS, ELECTRONIC
�	TEXTBOOKS, INSTRUCTIONAL MATERIALS, OR TECHNOLOGICAL EQUIPMENT.
�	�������SECTION�8.��Sections 31.152(a) and (b), Education Code, are
�	amended to read as follows:
�	�������(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.
�	�������SECTION�9.��Chapter 32, Education Code, is amended by adding
�	Subchapter H to read as follows:
�	SUBCHAPTER H. �COMPUTER LENDING PILOT PROGRAM
�	�������Sec.�32.351.��ESTABLISHMENT OF PILOT PROGRAM. �The
�	commissioner by rule shall establish a computer lending pilot
�	program to provide computers to participating public schools that
�	make computers available for use by students and their parents.
�	�������Sec.�32.352.��PILOT PROGRAM ADMINISTRATION. �The
�	commissioner shall establish procedures for the administration of
�	the pilot program, including procedures for distributing to
�	participating public schools:
�	�������������(1)��any surplus or salvage data processing equipment
�	available for distribution under the pilot program; or
�	�������������(2)��computers donated or purchased for that purpose
�	with funds from any available source, including a foundation,
�	private entity, governmental entity, and institution of higher
�	education.
�	�������Sec.�32.353.��ELIGIBLE SCHOOLS. �A public school is eligible
�	to participate in the pilot program if:
�	�������������(1)��50 percent or more of the students enrolled in the
�	school are educationally disadvantaged; and
�	�������������(2)��the school operates or agrees to operate a
�	computer lending program that:
�	�������������������(A)��allows students and parents to borrow a
�	computer;
�	�������������������(B)��includes an option for students and parents
�	to work toward owning a computer initially borrowed under the
�	school's lending program, subject to any applicable legal
�	restrictions regarding disposition of the computer involved;
�	�������������������(C)��provides computer training for students and
�	parents; and
�	�������������������(D)��operates outside regular school hours,
�	including operation until at least 7 p.m. on at least three days
�	each week.
�	�������Sec.�32.354.��ANNUAL REPORT. �Not later than January 1 of
�	each year, the commissioner shall submit a report to the
�	legislature regarding the computer lending pilot program
�	established under this subchapter.
�	�������Sec.�32.355.��EXPIRATION. �This subchapter expires September
�	1, 2014.
�	�������SECTION�10.��Section 2175.128, Government Code, is amended
�	by adding Subsections (a-1) and (b-1) to read as follows:
�	�������(a-1)��Notwithstanding Subsection (a), if a disposition of a
�	state agency's surplus or salvage data processing equipment is not
�	made under Section 2175.125 or 2175.184, the state agency shall
�	make the equipment available to the commissioner of education for
�	use in the computer lending pilot program established under
�	Subchapter H, Chapter 32, Education Code. If the commissioner of
�	education declines to take the equipment, the state agency shall
�	transfer the equipment in accordance with Subsection (a). The
�	state agency may not collect a fee or other reimbursement from the
�	commissioner of education for the equipment made available under
�	this subsection. This subsection expires September 1, 2014.
�	�������(b-1)��Notwithstanding Subsection (b), if a disposition of
�	the surplus or salvage data processing equipment of a state
�	eleemosynary institution or an institution or agency of higher
�	education is not made under other law, the institution or agency
�	shall make the equipment available to the commissioner of education
�	for use in the computer lending pilot program established under
�	Subchapter H, Chapter 32, Education Code. If the commissioner of
�	education declines to take the equipment, the institution or agency
�	shall transfer the equipment in accordance with Subsection (b).
�	The state eleemosynary institution or institution or agency of
�	higher education may not collect a fee or other reimbursement from
�	the commissioner of education for the equipment made available
�	under this subsection. This subsection expires September 1, 2014.
�	�������SECTION�11.��This Act takes effect immediately if it
�	receives a vote of two-thirds of all the members elected to each
�	house, as provided by Section 39, Article III, Texas Constitution.��
�	If this Act does not receive the vote necessary for immediate
�	effect, this Act takes effect September 1, 2009.
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�	______________________________	______________________________
�	���President of the Senate	Speaker of the House�����
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�	�������I certify that H.B. No. 4294 was passed by the House on May 4,
�	2009, by the following vote:��Yeas 129, Nays 0, 1 present, not
�	voting; and that the House concurred in Senate amendments to H.B.
�	No. 4294 on May 29, 2009, by the following vote:��Yeas 118, Nays 24,
�	2 present, not voting.
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�	______________________________
�	Chief Clerk of the House���
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�	�������I certify that H.B. No. 4294 was passed by the Senate, with
�	amendments, on May 28, 2009, by the following vote:��Yeas 31, Nays
�	0.
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�	______________________________
�	Secretary of the Senate���
�	APPROVED: __________________
�	����������������Date�������
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�	�������� __________________
�	��������������Governor�������