EDUCATION CODE
CHAPTER 31. TEXTBOOKS
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. May 30, 1995.
§ 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.
(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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
SUBCHAPTER B. STATE FUNDING, ADOPTION, AND PURCHASE
§ 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.
(c) Repealed by Acts 1997, 75th Leg., ch. 258, § 2, eff.
May 26, 1997.
(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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 258, § 1, 2, eff. May 26,
1997; Acts 2003, 78th Leg., ch. 201, § 20, eff. June 10, 2003.
§ 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 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 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; 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 2, eff. June 14, 2001.
SUBCHAPTER C. LOCAL OPERATIONS
§ 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; 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; 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.
(c) A school district or open-enrollment charter school
that selects a textbook that is not on the conforming or
nonconforming list:
(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) only for purchasing the textbook for which the funds
were received.
(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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 31.1011. TEXTBOOK CREDITS.
Text of section effective until September 1, 2005
(a) The commissioner shall implement a program to study the
use of credits for textbooks. The program shall be designed to
allow a participating school district or open-enrollment charter
school 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 participating school district or
open-enrollment charter school purchases.
(c) Fifty percent of the total textbook credit of a
participating 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 participating district or school to
apply toward the requisition of additional textbooks or electronic
textbooks on the conforming or nonconforming list.
(d) The commissioner shall prepare a report relating to the
use of the textbook credit system and deliver the report to the 79th
Legislature.
(e) This section expires September 1, 2005.
Added by Acts 2001, 77th Leg., ch. 805, § 3, eff. June 14, 2001.
§ 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, § 1, eff. May 30, 1995.
§ 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).
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 129, § 2, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 805, § 4, eff. June 14, 2001;
Acts 2003, 78th Leg., ch. 201, § 21, eff. Sept. 1, 2003.
§ 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, § 5, eff. June 14, 2001.
§ 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; or
(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).
(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, must be covered by the
student under the direction of the teacher. 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 not returned by the student. A
student who fails to return all textbooks forfeits the right to free
textbooks until each textbook previously issued but not returned 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 at
school during each school day. If a textbook is not returned 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.
(e) The board of trustees of a school district may not
require an employee of the district to pay for a textbook or
instructional technology that is stolen, misplaced, or not returned
by a student.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 129, § 3, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 805, § 6, eff. June 14, 2001;
Acts 2003, 78th Leg., ch. 634, § 1, eff. June 20, 2003.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
SUBCHAPTER D. ADMINISTRATIVE PENALTIES AND PENAL PROVISIONS
§ 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 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 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, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 129, § 1, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 805, § 7, eff. June 14, 2001;
Acts 2003, 78th Leg., ch. 1276, § 6.004, eff. Sept. 1, 2003.
§ 31.152. ACCEPTING REBATE ON TEXTBOOKS. (a) A school
trustee, administrator, or teacher commits an offense if that
person receives any commission or rebate on any textbooks 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; 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, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 805, § 8, eff. Sept. 1,
2001.
§ 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, § 1, eff. May 30, 1995.
SUBCHAPTER E. DISPOSITION OF TEXTBOOKS
§ 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 and facilities
of the institutional division of the Texas Department of Criminal
Justice 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, § 1, eff. May 30, 1995.
