- (a) The commissioner of education may purchase state-developed open-source textbooks in accordance with the Texas Education Code (TEC), §31.071. The purchase shall be through a competitive process.
- (b) State-developed open-source textbooks must be irrevocably owned by or licensed to the state for use in the applicable subject and grade level.
- (c) The state must have unlimited authority to modify, delete, combine, or add content to the open-source textbook after purchase.
- (d) State-developed open-source textbooks must be created using the industry-standard software specified in the request for state-developed open-source textbooks.
- (e) The state must be given access to all final digital files used for the state-developed open-source textbooks.
- (f) Publishers shall submit to the Texas Education Agency (TEA) a signed affidavit certifying that each individual whose name is listed as an author or contributor of a state-developed open-source textbook contributed to the development of the state-developed open-source textbook. The affidavit shall also state in general terms each author's involvement in the development of the state-developed open-source textbook.
- (g) Publishers may not submit state-developed open-source textbooks that have been authored by an employee of the TEA.
- (h) Following the revision of curriculum by the State Board of Education, the commissioner shall, by competitive process, request proposals to revise a state-developed open-source textbook relating to that curriculum.
- (i) The commissioner may, at any time, require the revision of a state-developed open-source textbook for a period not to exceed the period under the TEC, §31.022, for which a textbook for that subject and grade level may be adopted.
- (j) The review of revised state-developed open-source textbooks shall have the same requirements and occur according to the same process as new state-developed open-source textbooks.
Source Note:The provisions of this §66.1113 adopted to be effective November 21, 2010, 35 TexReg 10220.