Relevant Text Excerpts from Education Bills and Texas Education Code
(Go to the linked webpage for complete original text)Old, Pre-1995 Texas Education Code
Obtained from marked-up Introduced Version of Senate Bill 1 filed on February 14, 1995, at
http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=74&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00001&VERSION=1&TYPE=BCHAPTER 31. TEXTBOOKS
SUBCHAPTER B. STATE ADOPTION, PURCHASE, ACQUISITION, AND CUSTODY
Sec. 12.13. ADOPTION BY STATE BOARD OF EDUCATION.
By majority vote, the State Board of Education may remove books from a list submitted by a subject area committee, but the board shall not place on the list any book not recommended by the committee, nor shall the board reduce to a single adoption any list for a specific grade or subject in which multiple adoption is recommended by the committee.
Sec. 12.24. SELECTION AND ADOPTION.
(a) The State Board of Education shall adopt rules to provide for a full and complete investigation of all books and accompanying bids and for an opportunity for members of the public to comment in regard to textbook content or in support of or against any textbook presented.
(b) The books selected and adopted shall be those which in the opinion of the board are most acceptable for use in the schools. Quality, mechanical construction, paper, print, price, authorship, literary merit, and other relevant matters shall be given such weight in making the decisions as the board may deem advisable.Introduced Version of Senate Bill 1; filed on February 14, 1995
http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=74&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00001&VERSION=1&TYPE=BCHAPTER 31. TEXTBOOKS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 31.013. SELECTION AND PURCHASE OF TEXTBOOKS.
(a) The board of trustees of each school district and the governing body of each state-granted charter school shall select and purchase or provide for the purchase of textbooks for district or school students, as applicable. [This rule was removed during debate and not adopted.]Enrolled Version of Senate Bill; adopted on May 30, 1995; took effect on September 1, 1995
http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=74&SESS=R&CHAMBER=S&BILLTYPE=B&BILLSUFFIX=00001&VERSION=5&TYPE=B
A WordPerfect version of this is available at http://www.capitol.state.tx.us/data/docmodel/74r/billtext/wp6/SB00001F.WPD
A Word version of this is available at http://www.texscience.org/opinion/SB1-1995-final.doc
This was the reformed version of the Texas Education Code adopted in 1995.Current Version of the Texas Education Code
Complete Code (HTML) http://www.capitol.state.tx.us/statutes/edtoc.html
Chapter 31. Textbooks (PDF) http://www.capitol.state.tx.us/statutes/docs/ED/content/pdf/ed.002.00.000031.00.pdf
Chapter 31. Textbooks (DOC) http://www.capitol.state.tx.us/statutes/docs/ED/content/word/ed.002.00.000031.00.doc
The current version of the TEC is similar but not identical to the 1995 version, due to post-1995 amendments; however, textbook adoption rules have never been changed.Title 2. PUBLIC EDUCATION
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.
§ 31.003. 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) This subsection applies only if the pilot project
established under Section 54.2161 is implemented, and expires
August 15, 2009. In addition to the amount set aside under
Subsection (b), the State Board of Education shall annually set
aside out of the available school fund an amount sufficient for each
school district with one or more students entitled to free
textbooks under the pilot project established under Section 54.2161
to pay the costs of those textbooks as required by Section 31.031
for the following school year. The board shall determine the amount
of the available school fund to set aside for the state textbook
fund for purposes of this subsection based on the commissioner's
estimate of the amount that will be necessary to pay the costs of
textbooks as required under Section 31.031.
(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;
Acts 2005, 79th Leg., ch. 1339, § 2, eff. June 18, 2005.
§ 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.
Steven Schafersman for Texas Citizens for Science Last updated: 2006/04/02