Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0715 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SENATE BILL 701
3	3	By Kyle
4	4
5	5	HOUSE BILL 715
6	6	By Jones J
7	7
8	8
9	9	HB0715
10	10	002297
11	11	- 1 -
12	12
13	13	AN ACT to amend Tennessee Code Annotated, Title 10
14	14	and Title 49, relative to libraries.
15	15
16	16	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	17	SECTION 1. Tennessee Code Annotated, Title 10, Chapter 3, is amended by adding
18	18	the following as a new part:
19	19	10-3-201. Short title.
20	20	This part is known and may be cited as the "Freedom to Read Act."
21	21	10-3-202. Part definitions.
22	22	As used in this part:
23	23	(1) "Governing body" means a group of persons that oversee the
24	24	operations, budget, policies, and other administrative responsibilities of a public
25	25	library;
26	26	(2) "Materials" means books, periodicals, newspapers, manuscripts,
27	27	films, prints, documents, microfilm, discs, cassettes, videotapes, videogames,
28	28	applications, and subscription content in any form; and
29	29	(3) "Public library":
30	30	(A) Means:
31	31	(A) A library that provides free access to all residents of a
32	32	city or county, and is organized under the provisions of this
33	33	chapter;
34	34	(B) A school library operated by a local board of education
35	35	or public charter school governing body; and
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40	40	(C) A library operated by a public institution of higher
41	41	education; and
42	42	(B) Does not include libraries such as law, medical, or other
43	43	libraries organized to serve a special group of persons and not the
44	44	general public.
45	45	10-3-203. Book banning prohibited.
46	46	(a) A public library shall not ban, remove, or otherwise restrict access to a book
47	47	or other material based solely on its viewpoint or the messages, ideas, or opinions it
48	48	conveys, except as provided in subsection (b).
49	49	(b) A public library may decline to purchase, lend, or shelve, or to remove or
50	50	restrict access to, books or other materials legitimately based upon:
51	51	(1) Practical reasons, including, but not limited to, shelf space limitations,
52	52	rare or antiquarian status, damage, or obsolescence;
53	53	(2) Legitimate pedagogical concerns, including, but not limited to, the
54	54	appropriateness of potentially sensitive topics for the library's intended audience,
55	55	the selection of books and materials for a curated collection, or the likelihood of
56	56	causing a material and substantial disruption of the work and discipline of the
57	57	school; or
58	58	(3) Compliance with state or federal law.
59	59	10-3-204. Prohibition of discrimination for enforcement of this part.
60	60	A governing body of a public library or any other public body with personnel
61	61	authority for a public library shall not discriminate against or discipline an employee for
62	62	complying with this part.
63	63	10-3-205. Library materials policy.
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68	68	(a) A governing body of a public library shall adopt a policy that establishes
69	69	procedures for selection of, challenges to, and reconsideration of library materials in
70	70	accordance with this part.
71	71	(b) The policy must establish that the procedures for selection and
72	72	reconsideration will be administered by:
73	73	(1) A librarian certified under title 10, chapter 2;
74	74	(2) The state library coordinator as described under § 49-1-217;
75	75	(3) An individual with a master's degree in library science or library and
76	76	information science; or
77	77	(4) A professional librarian or a person trained in library collection
78	78	management.
79	79	(c) Upon the completion of a content challenge or reconsideration process in
80	80	accordance with the governing body's adopted policy, the governing body must submit a
81	81	report of the challenge to the Tennessee state library coordinator that includes:
82	82	(1) The title, author, and other relevant identifying information about the
83	83	material being challenged;
84	84	(2) The date, time, and location of any public hearing held on the
85	85	challenge in question, including minutes or transcripts;
86	86	(3) The result of the challenge or reconsideration request; and
87	87	(4) Accurate and timely information on who from the governing body the
88	88	department of education may contact with questions or follow-up.
89	89	SECTION 2. Tennessee Code Annotated, Title 49, Chapter 6, Part 38, is amended by
90	90	deleting the part.
91	91	SECTION 3. Tennessee Code Annotated, Section 49-6-2201, is amended by deleting
92	92	subsection (m).
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97	97	SECTION 4. The headings in this act are for reference purposes only and do not
98	98	constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
99	99	requested to include the headings in any compilation or publication containing this act.
100	100	SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it.