1. (a) The commissioner of education may purchase state-developed open-source instructional materials in accordance with the Texas Education Code (TEC), §31.071. The purchase shall be through a competitive process.
2. (b) State-developed open-source instructional materials must be irrevocably owned by or licensed to the state for use in the applicable subject and grade level.
3. (c) The state must have unlimited authority to modify, delete, combine, or add content to the open-source instructional materials after purchase.
4. (d) State-developed open-source instructional materials must be created using the industry-standard software specified in the request for state-developed open-source instructional materials.
5. (e) The state must be given access to digital files necessary for content modification used for the state-developed open-source instructional materials.
6. (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 instructional material contributed to the development of the state-developed open-source instructional material. The affidavit shall also state in general terms each author's involvement in the development of the state-developed open-source instructional material.
7. (g) Publishers may not submit state-developed open-source instructional materials that have been authored by an employee of the TEA.
8. (h) Following the revision of curriculum by the State Board of Education, the commissioner shall require the revision of state-developed open-source instructional materials relating to that curriculum. The commissioner shall use a competitive process to request proposals to revise state-developed open-source instructional materials.
9. (i) The commissioner may, at any time, require the revision of a state-developed open-source instructional material for a period not to exceed the period under the TEC, §31.022, for which an instructional material for that subject and grade level may be adopted.
10. (j) The review of revised state-developed open-source instructional materials shall have the same requirements and occur according to the same process as new state-developed open-source instructional materials.

Source Note:The provisions of this §66.1113 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413.