Bill Text: TX HB2564 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to prohibiting a publisher or manufacturer from requiring a school district or open-enrollment charter school to place a minimum order of instructional materials.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-16 - Referred to Public Education [HB2564 Detail]

Download: Texas-2015-HB2564-Introduced.html
  84R10821 CAE-D
 
  By: Nevárez H.B. No. 2564
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting a publisher or manufacturer from requiring
  a school district or open-enrollment charter school to place a
  minimum order of instructional materials.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 31.151(a), Education Code, is amended to
  read as follows:
         (a)  A publisher or manufacturer of instructional materials:
               (1)  shall furnish any instructional material the
  publisher or manufacturer offers in this state at a price that does
  not exceed the lowest price at which the publisher offers that
  instructional material for adoption or sale to any state, public
  school, or school district in the United States;
               (2)  shall automatically reduce the price of
  instructional material 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 instructional material or
  ancillary item free of charge in this state to the same extent that
  the publisher or manufacturer provides the instructional material
  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 instructional
  material sold in this state is at least equal in quality to copies
  of that instructional material 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
  instructional materials or enter into any understanding or
  combination to control prices or restrict competition in the sale
  of instructional materials for use in this state;
               (6)  shall  deliver instructional materials to a
  school district or open-enrollment charter school;
               (7)  shall, at the time an order for instructional
  materials is acknowledged, provide to school districts or
  open-enrollment charter schools an accurate shipping date for
  instructional materials that are back-ordered;
               (8)  shall guarantee delivery of instructional
  materials at least 10 business days before the opening day of school
  of the year for which the instructional materials are ordered if the
  instructional materials are ordered by a date specified in the
  sales contract; [and]
               (9)  shall submit to the State Board of Education an
  affidavit certifying any instructional material 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; and
               (10)  may not require a school district or
  open-enrollment charter school to place a minimum order of
  instructional materials.
         SECTION 2.  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, 2015.
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