(a) A publisher may submit a request to the commissioner of education for approval to substitute a new edition of state-approved instructional materials. A publisher requesting approval of a new edition shall provide a written request in a manner designated by the commissioner that includes an explanation of the reason for the substitution. The request must be accompanied by an electronic sample and a correlation document that meets all the requirements of the correlation document provided for the initial review. This requirement includes electronic instructional materials and Internet products for which all users receive the same updates. Proposed changes shall be made available for public review on the Texas Education Agency website for a minimum of 60 calendar days prior to approval.(b) A publisher that requests to substitute a new edition of state-approved instructional materials must comply with the following additional requirements:(1) provide that there will be no additional cost to the state or local education agencies;(2) certify in writing that the new material meets the applicable Texas Essential Knowledge and Skills or Texas Prekindergarten Guidelines, is free from factual errors, and is suitable and appropriate for the grade level and subject/course(s); and(3) certify that the updates in the new edition do not affect the product's coverage of Texas Education Code, §28.002(h), as it relates to that specific subject and grade level or course(s) in understanding the importance of patriotism and functioning productively in a free-enterprise society with appreciation for the basic democratic values of our state and national heritage.(c) All requests for updates involving content used in determining the product's eligibility for approval must be approved by the State Board of Education (SBOE) prior to their introduction into state-approved and locally adopted instructional materials.(d) The SBOE may assess penalties as allowed by law against publishers that fail to obtain approval for updates to content in SBOE-approved instructional materials prior to delivery of the materials to school districts.