(a) The commissioner of education shall determine:      
        (1) the number of review panels needed to review instructional materials under consideration for adoption; and       
        (2) the number of persons to serve on each panel.       
      (b) A person is not eligible to serve on an instructional materials review panel if, during the 36 months immediately preceding the appointment, the person:      
        (1) was employed by or received funds from any individual or entity affiliated with a publishing company involved in or connected to the adoption of instructional materials;       
        (2) owned or controlled any interest valued at more than $5,000 in a privately owned publishing company or an entity receiving funds from a publishing company involved in or connected to the adoption of instructional materials or had direct ownership of stock of a publicly traded company involved in or connected to the adoption of instructional materials; or       
        (3) was employed by an institution of higher education that has submitted open-source instructional materials or is a publisher of instructional materials.       
      (c) The commissioner shall make appointments to instructional materials review panels that ensure that each panel consists of at least two recognized academic experts in the subject area of the materials and at least one expert in the field of educational technology.     
      (d) The term recognized academic expert includes university professors, public school teachers, members of the business community, and citizens of Texas with a strong background in a particular discipline.     
      (e) If funding is available, the commissioner may execute a contract with a university, education service center, or other qualified entity to supply review panelists.     
     Source Note:        The provisions of this §66.1017 adopted to be effective November 21, 2010, 35 TexReg 10220; amended to be effective July 23, 2012, 37 TexReg 5413; amended to be effective May 8, 2017, 42 TexReg 2405