Texas 2023 - 88th Regular

Texas House Bill HB1655 Compare Versions

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1	1	By: Patterson H.B. No. 1655
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation of books sold to or included in public
7	7	school libraries.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act shall be known as the Restricting
10	10	Explicit and Adult-Designated Educational Resources (READER) Act.
11	11	SECTION 2. Section 33.021, Education Code, is amended to
12	12	read as follows:
13	13	Sec. 33.021. LIBRARY STANDARDS. (a) In this section,
14	14	"sexually explicit material" means any communication, language, or
15	15	material, including a written description, photographic image,
16	16	video image, or audio file, excluding library material directly
17	17	related to required curriculum, as referenced in Section 28.002,
18	18	Education Code, that describes or portrays sexual conduct, as
19	19	defined by Section 43.25, Penal Code, in a patently offensive way,
20	20	as defined by Section 43.21, Penal Code.
21	21	(b) The Texas State Library and Archives Commission, in
22	22	consultation with the State Board of Education, shall adopt
23	23	voluntary standards for school library services, other than
24	24	collection development, that a [. A] school district shall
25	25	consider [the standards] in developing, implementing, or expanding
26	26	library services.
27	27	(c) The Texas State Library and Archives Commission, with
28	28	approval from the State Board of Education, shall adopt standards
29	29	for school library collection development that a school district
30	30	shall adhere to in developing or implementing the district's
31	31	library collection development policies.
32	32	(d) The standards adopted under Subsection (b) must:
33	33	(1) be reviewed and, if appropriate, updated at least
34	34	twice each year; and
35	35	(2) include a collection development policy that:
36	36	(A) prohibits the acquisition of harmful
37	37	material, as defined by Section 43.24, Penal Code;
38	38	(B) prohibits the possession, acquisition, and
39	39	purchasing of books rated sexually explicit material;
40	40	(C) permits the exclusion from a school library
41	41	of materials that are pervasively vulgar or educationally
42	42	unsuitable; and
43	43	(D) recognizes that obscene content is not
44	44	protected by the First Amendment to the United States Constitution.
45	45	SECTION 3. Subchapter B, Chapter 33, Education Code, is
46	46	amended by adding Section 33.024 to read as follows:
47	47	Sec. 33.024. PARENTAL CONSENT REQUIRED FOR ACCESS TO
48	48	SEXUALLY RELEVANT LIBRARY MATERIALS. (a) In this section,
49	49	"sexually relevant material" means any communication, language, or
50	50	material, including a written description, photographic image,
51	51	video image, or audio file, excluding library material directly
52	52	related to required curriculum, as referenced in Section 28.002,
53	53	Education Code, that describes or portrays sexual conduct, as
54	54	defined by Section 43.25, Penal Code.
55	55	(b) A school district or open-enrollment charter school may
56	56	not allow a student enrolled in the district or school to access
57	57	sexually relevant materials in the catalog of a school library at
58	58	the district or school unless the district or school first obtains
59	59	written consent from the student's parent or person standing in
60	60	parental relation.
61	61	SECTION 4. Subtitle F, Title 2, Education Code, is amended
62	62	by adding Chapter 35 to read as follows:
63	63	CHAPTER 35. RESTRICTIONS ON SEXUALLY RELEVANT AND EXPLICIT BOOKS
64	64	Sec. 35.001. DEFINITIONS. In this chapter:
65	65	(1) "School book vendor" includes any entity that
66	66	sells a book to a public primary or secondary school in this state.
67	67	(2) "Sexually explicit material" has the meaning
68	68	assigned by Section 33.021(a).
69	69	(3) "Sexually relevant material" has the meaning
70	70	assigned by Section 33.024(a).
71	71	Sec. 35.002. RATING REQUIRED. (a) A school book vendor may
72	72	not sell a book to a school district or open-enrollment charter
73	73	school before issuing appropriate ratings related to sexually
74	74	relevant material and sexually explicit material.
75	75	(b) A school book vendor may not sell a book containing
76	76	sexually explicit material to a school district or open-enrollment
77	77	charter school.
78	78	(c) Not later than September 1, 2023, each school book
79	79	vendor shall develop and submit to the agency a list of each book
80	80	containing sexually relevant material or sexually explicit
81	81	material sold by the vendor to a school district or open-enrollment
82	82	charter school before that date.
83	83	(d) Not later than September 1 of each year, each school
84	84	book vendor shall submit to the agency a list of books rated as
85	85	sexually relevant material or sexually explicit material, that were
86	86	sold by the vendor to a school district or open-enrollment charter
87	87	school during the preceding year.
88	88	(e) The agency shall post each list submitted under
89	89	Subsection (b) or (c) on the agency's Internet website as soon as
90	90	practicable.
91	91	Sec. 35.003. AGENCY REVIEW. (a) The agency may review a
92	92	book not rated by a school book vendor as sexually relevant material
93	93	or sexually explicit material in accordance with Section 35.002(a).
94	94	If the agency determines that the book is required to be rated as
95	95	sexually relevant material or sexually explicit material under that
96	96	subsection, the agency shall provide written notice to the vendor.
97	97	The notice must include information regarding the vendor's duty
98	98	under this section.
99	99	(b) Not later than the 60th day after the date on which a
100	100	school book vendor receives notice for a book under Subsection (a),
101	101	the vendor shall:
102	102	(1) either:
103	103	(A) rate the book as sexually relevant material
104	104	in accordance with Section 35.002(a); or
105	105	(B) rate the book as sexually explicit material
106	106	in accordance with Section 35.002(a) and cease all sales of the book
107	107	to a school district or open-enrollment charter school and issue a
108	108	recall for all copies of the book sold to a school district or
109	109	open-enrollment charter school; and
110	110	(2) notify the agency of the action taken under
111	111	Subdivision (1).
112	112	(c) The agency shall maintain on the agency's Internet
113	113	website a list of school book vendors who fail to comply with
114	114	Subsection (b).
115	115	(d) A school district or open-enrollment charter school may
116	116	not purchase a book from a school book vendor on the list described
117	117	by Subsection (c).
118	118	(e) A school book vendor placed on the list described by
119	119	Subsection (c) may petition the agency for removal from the list.
120	120	The agency may remove a vendor from the list only if the agency is
121	121	satisfied that the vendor has taken appropriate action under
122	122	Subsection (b).
123	123	Sec. 35.005. LIABILITY. A school district or
124	124	open-enrollment charter school is not liable for any claim or
125	125	damage resulting from a school book vendor's violation of this
126	126	chapter.
127	127	Sec. 35.006. REVIEW AND REPORTING OF SEXUALLY RELEVANT
128	128	LIBRARY BOOKS. (a) Not later than August 1 of every fifth year,
129	129	each school district and open-enrollment charter school shall:
130	130	(1) review the content of each book in the catalog of a
131	131	district or school library that is rated as sexually relevant
132	132	material under Section 35.002(a) or included on a list submitted to
133	133	the agency under Section 35.002(b) or (c);
134	134	(2) determine in accordance with the district's or
135	135	school's policies regarding the approval, review, and
136	136	reconsideration of school library materials whether to retain each
137	137	book reviewed under Subdivision (1) in the school library catalog;
138	138	and
139	139	(3) submit to the agency a report on the district's or
140	140	school's actions under this subsection that includes:
141	141	(A) the title of each book reviewed under
142	142	Subdivision (1); and
143	143	(B) the district's or school's decision regarding
144	144	the book under Subdivision (2).
145	145	(b) Not later than August 1 of each year, each school
146	146	district or open-enrollment charter school shall submit to the
147	147	agency a report listing each book rated as sexually relevant
148	148	material under Section 35.002(a) that was added to the catalog of a
149	149	district or school library during the preceding year.
150	150	(c) The agency shall post on the agency's Internet website a
151	151	report submitted under this section as soon as practicable after
152	152	the report is received.
153	153	Sec. 35.007. RULES. The commissioner may adopt rules as
154	154	necessary to administer this chapter.
155	155	SECTION 5. (a) Not later than August 1, 2024, each school
156	156	district and open-enrollment charter school shall conduct the
157	157	initial content review and submit the initial report required under
158	158	Section 35.006(a), Education Code, as added by this Act.
159	159	(b) Not later than September 1, 2023, each school book
160	160	vendor, as defined by Section 35.001, Education Code, as added by
161	161	this Act, shall submit the initial list required under Section
162	162	35.002(c), Education Code, as added by this Act.
163	163	(c) Not later than August 1, 2025, each school district and
164	164	open-enrollment charter school shall submit the initial report
165	165	required under Section 35.006(b), Education Code, as added by this
166	166	Act.
167	167	SECTION 6. The changes in law made by this Act to the
168	168	Education Code apply beginning with the 2023-2024 school year.
169	169	SECTION 7. (a) This act takes effect immediately if it
170	170	receives a vote of two-thirds of all the members elected to each
171	171	house, as provided by Section 39, Article III, Texas Constitution.
172	172	(b) If this Act does not receive the vote necessary for
173	173	immediate effect, this Act takes effect September 1, 2023.