By: Taylor of Galveston S.B. No. 1481     A BILL TO BE ENTITLED   AN ACT   relating to the instructional materials and technology allotment,   open education resource instructional materials, and the State   Board of Education long-range technology plan.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 31.001, Education Code, is amended to   read as follows:          Sec. 31.001.  FREE INSTRUCTIONAL MATERIALS. Instructional   materials selected for use in the public schools shall be furnished   without cost to the students attending those schools. Except as   provided by Section 31.104(d), a school district may not charge a   student for instructional material or technological equipment   purchased by the district with the district's instructional   materials and technology allotment.          SECTION 2.  Sections 31.002(1) and (1-a), Education Code,   are amended to read as follows:                (1)  "Instructional material" means content that   conveys the essential knowledge and skills of a subject in the   public school curriculum through a medium or a combination of media   for conveying information to a student. The term includes a book,   supplementary materials, a combination of a book, workbook, and   supplementary materials, computer software, magnetic media, DVD,   CD-ROM, computer courseware, on-line services, or an electronic   medium, or other means of conveying information to the student or   otherwise contributing to the learning process through electronic   means, including open education resource [open-source]   instructional material.                (1-a)  "Open education resource [Open-source]   instructional material" means teaching, learning, and research   resources that reside in the public domain or have been released   under an intellectual property license that allows for free use,   reuse, modification, and sharing with others, including full   courses, course materials, modules, textbooks, streaming videos,   tests, software, and any other tools, materials, or techniques used   to support access to knowledge [electronic instructional material   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 instructional   material]. The term includes state-developed open education   resource [open-source] instructional material purchased under   Subchapter B-1.          SECTION 3.  Section 31.004(b), Education Code, is amended to   read as follows:          (b)  To determine whether each student has instructional   materials that cover all elements of the essential knowledge and   skills as required by Subsection (a), a school district or   open-enrollment charter school may consider:                (1)  instructional materials adopted by the State Board   of Education;                (2)  materials adopted or purchased by the commissioner   under Section 31.0231 or Subchapter B-1;                (3)  open education resource [open-source]   instructional materials submitted by eligible institutions and   adopted by the State Board of Education under Section 31.0241;                (4)  open education resource [open-source]   instructional materials made available by other public schools; and                (5)  instructional materials developed or purchased by   the school district or open-enrollment charter school.          SECTION 4.  Sections 31.005 and 31.021, Education Code, are   amended to read as follows:          Sec. 31.005.  FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS.   An open-enrollment charter school is entitled to the instructional   materials and technology allotment under this chapter and is   subject to this chapter as if the school were a school district.          Sec. 31.021.  STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY   FUND. (a)  The state instructional materials and technology fund   consists of:                (1)  an amount set aside by the State Board of Education   from the available school fund, in accordance with Section   43.001(d); and                (2)  all amounts lawfully paid into the fund from any   other source.          (c)  Money in the state instructional materials and   technology fund shall be used to:                (1)  fund the instructional materials and technology   allotment, as provided by Section 31.0211;                (2)  purchase special instructional materials for the   education of blind and visually impaired students in public   schools;                (3)  pay the expenses associated with the instructional   materials adoption and review process under this chapter;                (4)  pay the expenses associated with the purchase or   licensing of open education resource [open-source] instructional   material;                (5)  pay the expenses associated with the purchase of   instructional material, including intrastate freight and shipping   and the insurance expenses associated with intrastate freight and   shipping; and                (6)  [fund the technology lending grant program   established under Section 32.201; and                [(7)]  provide funding to the Texas School for the   Blind and Visually Impaired, the Texas School for the Deaf, and the   Texas Juvenile Justice Department.          (d)  Money transferred to the state instructional materials   and technology fund remains in the fund until spent and does not   lapse to the state at the end of the fiscal year.          SECTION 5.  The heading to Section 31.0211, Education Code,   is amended to read as follows:          Sec. 31.0211.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY   ALLOTMENT.          SECTION 6.  Sections 31.0211(a), (b), and (c), Education   Code, are amended to read as follows:          (a)  A school district is entitled to an allotment each   biennium from the state instructional materials and technology fund   for each student enrolled in the district on a date during the last   year of the preceding biennium specified by the commissioner. The   commissioner shall determine the amount of the allotment per   student each biennium on the basis of the amount of money available   in the state instructional materials and technology fund to fund   the allotment. An allotment under this section shall be   transferred from the state instructional materials and technology   fund to the credit of the district's instructional materials and   technology account as provided by Section 31.0212.          (b)  A juvenile justice alternative education program under   Section 37.011 is entitled to an allotment from the state   instructional materials and technology fund in an amount determined   by the commissioner. The program shall use the allotment to   purchase items listed in Subsection (c) for students enrolled in   the program. The commissioner's determination under this   subsection is final and may not be appealed.          (c)  Subject to Subsection (d), funds allotted under this   section may be used to:                (1)  purchase:                      (A)  materials on the list adopted by the   commissioner, as provided by Section 31.0231;                      (B)  instructional materials, regardless of   whether the instructional materials are on the list adopted under   Section 31.024;                      (C)  consumable instructional materials,   including workbooks;                      (D)  instructional materials for use in bilingual   education classes, as provided by Section 31.029;                      (E)  instructional materials for use in college   preparatory courses under Section 28.014, as provided by Section   31.031;                      (F)  supplemental instructional materials, as   provided by Section 31.035;                      (G)  state-developed open education resource   [open-source] instructional materials, as provided by Subchapter   B-1;                      (H)  instructional materials and technological   equipment under any continuing contracts of the district in effect   on September 1, 2011; and                      (I)  technological equipment necessary to support   the use of materials included on the list adopted by the   commissioner under Section 31.0231 or any instructional materials   purchased with an allotment under this section; and                (2)  pay:                      (A)  for training educational personnel directly   involved in student learning in the appropriate use of   instructional materials and for providing for access to   technological equipment for instructional use; and                      (B)  the salary and other expenses of an employee   who provides technical support for the use of technological   equipment directly involved in student learning.          SECTION 7.  The heading to Section 31.0212, Education Code,   is amended to read as follows:          Sec. 31.0212.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY   ACCOUNT.          SECTION 8.  Sections 31.0212(a), (b), (d), and (e),   Education Code, are amended to read as follows:          (a)  The commissioner shall maintain an instructional   materials and technology account for each school district. In the   first year of each biennium, the commissioner shall deposit in the   account for each district the amount of the district's   instructional materials and technology allotment under Section   31.0211.          (b)  The commissioner shall pay the cost of instructional   materials requisitioned by a school district under Section 31.103   using funds from the district's instructional materials and   technology account.          (d)  Money deposited in a school district's instructional   materials and technology account during each state fiscal biennium   remains in the account and available for use by the district for the   entire biennium. At the end of each biennium, a district with   unused money in the district's account may carry forward any   remaining balance to the next biennium.          (e)  The commissioner shall adopt rules as necessary to   implement this section. The rules must include a requirement that a   school district:                (1)  provide the title and publication information for   any instructional materials requisitioned or purchased by the   district with the district's instructional materials and   technology allotment; and                (2)  certify that the use of open education resource   instructional material was considered as required by Section   31.101(b).          SECTION 9.  Section 31.0213, Education Code, is amended to   read as follows:          Sec. 31.0213.  CERTIFICATION OF USE OF INSTRUCTIONAL   MATERIALS AND TECHNOLOGY ALLOTMENT. Each school district shall   annually certify to the commissioner that the district's   instructional materials and technology allotment has been used only   for expenses allowed by Section 31.0211.          SECTION 10.  Section 31.0214(a), Education Code, is amended   to read as follows:          (a)  Each year the commissioner shall adjust the   instructional materials and technology allotment of school   districts experiencing high enrollment growth. The commissioner   shall establish a procedure for determining high enrollment growth   districts eligible to receive an adjustment under this section and   the amount of the instructional materials and technology allotment   those districts will receive.          SECTION 11.  The heading to Section 31.0215, Education Code,   is amended to read as follows:          Sec. 31.0215.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY   [MATERIAL] ALLOTMENT PURCHASES.          SECTION 12.  Sections 31.0215(b) and (c), Education Code,   are amended to read as follows:          (b)  The commissioner may allow a school district or   open-enrollment charter school to place an order for instructional   materials before the beginning of a fiscal biennium and to receive   instructional materials before payment. The commissioner shall   limit the cost of an order placed under this section to 80 percent   of the estimated amount to which a school district or   open-enrollment charter school is estimated to be entitled as   provided by Subsection (a) and shall first credit any balance in a   district or charter school instructional materials and technology   account to pay for an order placed under this section.          (c)  The commissioner shall make payments for orders placed   under this section as funds become available to the instructional   materials and technology fund and shall prioritize payment of   orders placed under this section over reimbursement of purchases   made directly by a school district or open-enrollment charter   school.          SECTION 13.  Section 31.022, Education Code, is amended by   amending Subsection (d) and adding Subsections (g) and (h) to read   as follows:          (d)  At least 12 months before the beginning of the school   year for which instructional materials for a particular subject and   grade level will be adopted under the review and adoption cycle, the   board shall publish notice of the review and adoption cycle for   those instructional materials. A request for production must allow   submission of open education resource [open-source] instructional   materials that are available for use by the state without charge on   the same basis as instructional materials offered for sale.          (g)  In reviewing and adopting instructional materials, the   board shall consider a school district's need for technology as   well as instructional materials and in any biennium may limit the   adoption of instructional materials to provide sufficient   resources to purchase technology resources, including digital   curriculum.          (h)  The board shall include information regarding open   education resource instructional materials during the adoption   cycle, including any cost savings associated with the adoption of   open education resource instructional materials.          SECTION 14.  Section 31.0231(b), Education Code, is amended   to read as follows:          (b)  A school district may select material on the list   adopted under Subsection (a) to be funded by the district's   instructional materials and technology allotment under Section   31.0211.          SECTION 15.  The heading to Section 31.0241, Education Code,   is amended to read as follows:          Sec. 31.0241.  ADOPTION OF OPEN EDUCATION RESOURCE   [OPEN-SOURCE] INSTRUCTIONAL MATERIALS.          SECTION 16.  Section 31.0241(b), Education Code, is amended   to read as follows:          (b)  The State Board of Education shall place open education   resource [open-source] instructional material for a   secondary-level course submitted for adoption by an eligible   institution on the list adopted under Section 31.023 if:                (1)  the instructional material is written, compiled,   or edited primarily by faculty of the eligible institution who   specialize in the subject area of the instructional material;                (2)  the eligible institution identifies each   contributing author;                (3)  the appropriate department of the eligible   institution certifies the instructional material for accuracy; and                (4)  the eligible institution determines that the   instructional material qualifies for placement on the list based on   the extent to which the instructional material covers the essential   knowledge and skills identified under Section 28.002 for the   subject for which the instructional material is written and   certifies that:                      (A)  for instructional material for a   senior-level course, a student who successfully completes a course   based on the instructional material will be prepared, without   remediation, for entry into the eligible institution's   freshman-level course in that subject; or                      (B)  for instructional material for a   junior-level and senior-level course, a student who successfully   completes the junior-level course based on the instructional   material will be prepared for entry into the senior-level course.          SECTION 17.  Section 31.0242, Education Code, is amended to   read as follows:          Sec. 31.0242.  REVIEW OF OPEN EDUCATION RESOURCE   [OPEN-SOURCE] INSTRUCTIONAL MATERIAL.  Not later than the 90th day   after the date open education resource [open-source] instructional   material is submitted as provided by Section 31.0241, the State   Board of Education may review the instructional material.  The   board shall:                (1)  post with the list adopted under Section 31.023   comments made by the board regarding the open education resource   [open-source] instructional material placed on the list; and                (2)  distribute board comments to school districts.          SECTION 18.  Section 31.026(d), Education Code, is amended   to read as follows:          (d)  This section does not apply to open education resource   [open-source] instructional material.          SECTION 19.  Section 31.0261, Education Code, is amended to   read as follows:          Sec. 31.0261.  CONTRACTS FOR PRINTING OF OPEN EDUCATION   RESOURCE [OPEN-SOURCE] INSTRUCTIONAL MATERIALS. The State Board of   Education may execute a contract for the printing of open education   resource [open-source] instructional materials placed on the list   adopted under Section 31.023.  The contract must allow a school   district to requisition printed copies of open education resource   [open-source] instructional materials as provided by Section   31.103.          SECTION 20.  Section 31.027(c), Education Code, is amended   to read as follows:          (c)  This section does not apply to open education resource   [open-source] instructional material.          SECTION 21.  Section 31.029(a), Education Code, is amended   to read as follows:          (a)  A school district shall purchase with the district's   instructional materials and technology allotment or otherwise   acquire instructional materials for use in bilingual education   classes.          SECTION 22.  Section 31.031(a), Education Code, is amended   to read as follows:          (a)  A school district may purchase with the district's   instructional materials and technology allotment or otherwise   acquire instructional materials for use in college preparatory   courses under Section 28.014.          SECTION 23.  The heading to Subchapter B-1, Chapter 31,   Education Code, is amended to read as follows:   SUBCHAPTER B-1. STATE-DEVELOPED OPEN EDUCATION RESOURCE   [OPEN-SOURCE] INSTRUCTIONAL MATERIALS          SECTION 24.  Sections 31.071 and 31.072, Education Code, are   amended to read as follows:          Sec. 31.071.  PURCHASE AUTHORITY. (a)  The commissioner may   purchase state-developed open education resource [open-source]   instructional materials in accordance with this subchapter.          (b)  The commissioner:                (1)  shall purchase any state-developed open education   resource [open-source] instructional materials through a   competitive process; and                (2)  may purchase more than one state-developed open   education resource [open-source] instructional material for a   subject or grade level.          (c)  State-developed open education resource [open-source]   instructional material 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 instructional material after purchase.          (d)  The commissioner may issue a request for proposals for   state-developed open education resource [open-source]   instructional material:                (1)  in accordance with the instructional material   review and adoption cycle under Section 31.022; or                (2)  at any other time the commissioner determines that   a need exists for additional instructional material options.          (e)  The costs of administering this subchapter and   purchasing state-developed open education resource [open-source]   instructional materials shall be paid from the state instructional   materials and technology fund, as determined by the commissioner.          Sec. 31.072.  CONTENT REQUIREMENTS. (a)  State-developed   open education resource [open-source] instructional material must:                (1)  be evaluated by teachers or other experts, as   determined by the commissioner, before purchase; and                (2)  meet the requirements for inclusion on the   instructional material list adopted under Section 31.023.          (b)  Following a curriculum revision by the State Board of   Education, the commissioner shall require the revision of   state-developed open education resource [open-source]   instructional material relating to that curriculum.  The   commissioner may, at any time, require an additional revision of   state-developed open education resource [open-source]   instructional material or contract for ongoing revisions of   state-developed open education resource [open-source]   instructional material for a period not to exceed the period under   Section 31.022 for which instructional material for that subject   and grade level may be adopted.  The commissioner shall use a   competitive process to request proposals to revise state-developed   open education resource [open-source] instructional material under   this subsection.          SECTION 25.  Sections 31.073, 31.074, and 31.075, Education   Code, are amended to read as follows:          Sec. 31.073.  SELECTION BY SCHOOL DISTRICT.   (c)  Notwithstanding Section 31.022, a school district or   open-enrollment charter school may adopt state-developed open   education resource [open-source] instructional material at any   time, regardless of the instructional material review and adoption   cycle under that section.          (d)  A school district or open-enrollment charter school may   not be charged for selection of state-developed open education   resource [open-source] instructional material in addition to   instructional material adopted under Subchapter B.          Sec. 31.074.  DISTRIBUTION. (a)  The commissioner shall   provide for the distribution of state-developed open education   resource [open-source] instructional materials in a manner   consistent with distribution of instructional materials adopted   under Subchapter B.          (b)  The commissioner may use a competitive process to   contract for printing or other reproduction of state-developed open   education resource [open-source] instructional material 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 state-developed open education   resource [open-source] instructional material.          Sec. 31.075.  OWNERSHIP; LICENSING.  (a)  State-developed   open education resource [open-source] instructional material 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 state-developed open education   resource [open-source] instructional material.          (c)  The commissioner may provide a license to use   state-developed open education resource [open-source]   instructional material 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 education resource [open-source] instructional materials.          SECTION 26.  Section 31.076(b), Education Code, is amended   to read as follows:          (b)  A decision by the commissioner regarding the purchase,   revision, cost, or distribution of state-developed open education   resource [open-source] instructional material is final and may not   be appealed.          SECTION 27.  Section 31.077, Education Code, is amended to   read as follows:          Sec. 31.077.  ADOPTION SCHEDULE. The commissioner shall   develop a schedule for the adoption of state-developed open   education resource [open-source] instructional materials under   this subchapter. In developing the adoption schedule under this   section, the commissioner shall consider:                (1)  the availability of funds;                (2)  the existing instructional material adoption   cycles under Subchapter B; and                (3)  the availability of instructional materials for   development or purchase by the state.          SECTION 28.  Section 31.101, Education Code, is amended by   adding Subsection (b) and amending Subsection (f) to read as   follows:          (b)  In selecting instructional material each year, a school   district or open-enrollment charter school must consider the use of   open education resource instructional materials and must certify to   the State Board of Education that the district considered the   selection of open education resource instructional materials.          (f)  The commissioner shall maintain an online requisition   system for school districts to requisition instructional materials   to be purchased with the district's instructional materials and   technology allotment.          SECTION 29.  Section 31.103(d), Education Code, is amended   to read as follows:          (d)  A school district or open-enrollment charter school   that selects open education resource [open-source] instructional   material shall requisition a sufficient number of printed copies   for use by students unable to access the instructional material   electronically unless the district or school provides to each   student:                (1)  electronic access to the instructional material at   no cost to the student; or                (2)  printed copies of the portion of the instructional   material that will be used in the course.          SECTION 30.  Sections 31.104(b), (g), and (h), Education   Code, are amended to read as follows:          (b)  A school district or open-enrollment charter school may   order replacements for instructional materials that have been lost   or damaged directly from the publisher of the instructional   materials or any source for a printed copy of open education   resource [open-source] instructional material.          (g)  At the end of the school year for which open education   resource [open-source] instructional material 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   education resource [open-source] instructional material becomes   the property of the student to whom it is distributed.          (h)  This section does not apply to an electronic copy of   open education resource [open-source] instructional material.          SECTION 31.  Sections 31.151(d) and (e), Education Code, are   amended to read as follows:          (d)  A penalty collected under this section shall be   deposited to the credit of the state instructional materials and   technology fund.          (e)  An eligible institution, as defined by Section   31.0241(a), that offers open education resource [open-source]   instructional materials under Section 31.0241 is not a publisher or   manufacturer for purposes of this section.          SECTION 32.  Section 32.001(b), Education Code, is amended   to read as follows:          (b)  The State Board of Education shall update [as necessary]   the plan developed under Subsection (a) at least every five years.          SECTION 33.  Section 41.124(c), Education Code, is amended   to read as follows:          (c)  A school district that receives tuition for a student   from a school district with a wealth per student that exceeds the   equalized wealth level may not claim attendance for that student   for purposes of Chapters 42 and 46 and the instructional materials   and technology allotment under Section 31.0211.          SECTION 34.  Section 43.001(d), Education Code, is amended   to read as follows:          (d)  Each biennium the State Board of Education shall set   aside an amount equal to 50 percent of the distribution for that   biennium from the permanent school fund to the available school   fund as provided by Section 5(a), Article VII, Texas Constitution,   to be placed, subject to the General Appropriations Act, in the   state instructional materials and technology fund established   under Section 31.021.          SECTION 35.  Section 403.093(d), Government Code, is amended   to read as follows:          (d)  The comptroller shall transfer from the general revenue   fund to the foundation school fund an amount of money necessary to   fund the foundation school program as provided by Chapter 42,   Education Code. The comptroller shall make the transfers in   installments as necessary to comply with Section 42.259, Education   Code, and permit the Texas Education Agency, to the extent   authorized by the General Appropriations Act, to make temporary   transfers from the foundation school fund for payment of the   instructional materials and technology allotment under Section   31.0211, Education Code. Unless an earlier date is necessary for   purposes of temporary transfers for payment of the instructional   materials and technology allotment, an installment must be made not   earlier than two days before the date an installment to school   districts is required by Section 42.259, Education Code, and must   not exceed the amount necessary for that payment and any temporary   transfers for payment of the instructional materials and technology   allotment.          SECTION 36.  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, 2017.