Bill Text: TX HB3526 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to instructional materials and technology for public schools.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-12 - Effective immediately [HB3526 Detail]
Download: Texas-2017-HB3526-Comm_Sub.html
Bill Title: Relating to instructional materials and technology for public schools.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-12 - Effective immediately [HB3526 Detail]
Download: Texas-2017-HB3526-Comm_Sub.html
By: Howard (Senate Sponsor - Taylor of Galveston) | H.B. No. 3526 | |
(In the Senate - Received from the House May 10, 2017; | ||
May 12, 2017, read first time and referred to Committee on | ||
Education; May 22, 2017, reported favorably by the following vote: | ||
Yeas 9, Nays 0; May 22, 2017, sent to printer.) | ||
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relating to renaming the instructional materials allotment as the | ||
technology and instructional materials allotment and making | ||
associated technical changes. | ||
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 technology and | ||
instructional materials allotment. | ||
SECTION 2. Section 31.005, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS. | ||
An open-enrollment charter school is entitled to the technology and | ||
instructional materials allotment under this chapter and is subject | ||
to this chapter as if the school were a school district. | ||
SECTION 3. Section 31.021, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.021. STATE TECHNOLOGY AND INSTRUCTIONAL MATERIALS | ||
FUND. (a) The state technology and instructional materials 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 technology and instructional | ||
materials fund shall be used to: | ||
(1) fund the technology and instructional materials | ||
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-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; | ||
(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 technology and | ||
instructional materials fund remains in the fund until spent and | ||
does not lapse to the state at the end of the fiscal year. | ||
SECTION 4. The heading to Section 31.0211, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.0211. TECHNOLOGY AND INSTRUCTIONAL MATERIALS | ||
ALLOTMENT. | ||
SECTION 5. Sections 31.0211(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) A school district is entitled to an allotment each | ||
biennium from the state technology and instructional materials 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 technology and instructional materials fund to fund | ||
the allotment. An allotment under this section shall be | ||
transferred from the state technology and instructional materials | ||
fund to the credit of the district's technology and instructional | ||
materials 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 | ||
technology and instructional materials 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. | ||
SECTION 6. The heading to Section 31.0212, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.0212. TECHNOLOGY AND INSTRUCTIONAL MATERIALS | ||
ACCOUNT. | ||
SECTION 7. Sections 31.0212(a), (b), (d), and (e), | ||
Education Code, are amended to read as follows: | ||
(a) The commissioner shall maintain a technology and [ |
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instructional materials 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 technology | ||
and instructional materials 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 technology and instructional | ||
materials account. | ||
(d) Money deposited in a school district's technology and | ||
instructional materials 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 provide the title and publication information for | ||
any instructional materials requisitioned or purchased by the | ||
district with the district's technology and instructional | ||
materials allotment. | ||
SECTION 8. Section 31.0213, Education Code, is amended to | ||
read as follows: | ||
Sec. 31.0213. CERTIFICATION OF USE OF TECHNOLOGY AND | ||
INSTRUCTIONAL MATERIALS ALLOTMENT. Each school district shall | ||
annually certify to the commissioner that the district's technology | ||
and instructional materials allotment has been used only for | ||
expenses allowed by Section 31.0211. | ||
SECTION 9. Section 31.0214(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each year the commissioner shall adjust the technology | ||
and instructional materials 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 technology and instructional materials allotment | ||
those districts will receive. | ||
SECTION 10. The heading to Section 31.0215, Education Code, | ||
is amended to read as follows: | ||
Sec. 31.0215. TECHNOLOGY AND INSTRUCTIONAL MATERIALS | ||
[ |
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SECTION 11. 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 technology and instructional materials | ||
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 technology and | ||
instructional materials 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 12. 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 | ||
technology and instructional materials allotment under Section | ||
31.0211. | ||
SECTION 13. Section 31.029(a), Education Code, is amended | ||
to read as follows: | ||
(a) A school district shall purchase with the district's | ||
technology and instructional materials allotment or otherwise | ||
acquire instructional materials for use in bilingual education | ||
classes. | ||
SECTION 14. Section 31.031(a), Education Code, is amended | ||
to read as follows: | ||
(a) A school district may purchase with the district's | ||
technology and instructional materials allotment or otherwise | ||
acquire instructional materials for use in college preparatory | ||
courses under Section 28.014. | ||
SECTION 15. Section 31.071(e), Education Code, is amended | ||
to read as follows: | ||
(e) The costs of administering this subchapter and | ||
purchasing state-developed open-source instructional materials | ||
shall be paid from the state technology and instructional materials | ||
fund, as determined by the commissioner. | ||
SECTION 16. Section 31.101(f), Education Code, is amended | ||
to read as follows: | ||
(f) The commissioner shall maintain an online requisition | ||
system for school districts to requisition instructional materials | ||
to be purchased with the district's technology and instructional | ||
materials allotment. | ||
SECTION 17. Section 31.151(d), Education Code, is amended | ||
to read as follows: | ||
(d) A penalty collected under this section shall be | ||
deposited to the credit of the state technology and instructional | ||
materials fund. | ||
SECTION 18. 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 technology and | ||
instructional materials allotment under Section 31.0211. | ||
SECTION 19. 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 technology and instructional materials fund established | ||
under Section 31.021. | ||
SECTION 20. 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 | ||
technology and instructional materials allotment under Section | ||
31.0211, Education Code. Unless an earlier date is necessary for | ||
purposes of temporary transfers for payment of the technology and | ||
instructional materials 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 technology and instructional materials | ||
allotment. | ||
SECTION 21. 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. | ||
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