By: Patterson H.B. No. 1655
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of books sold to or included in public
school libraries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Restricting
Explicit and Adult-Designated Educational Resources (READER) Act.
SECTION 2. Section 33.021, Education Code, is amended to
read as follows:
Sec. 33.021. LIBRARY STANDARDS. (a) In this section,
"sexually explicit material" means any communication, language, or
material, including a written description, photographic image,
video image, or audio file, excluding library material directly
related to required curriculum, as referenced in Section 28.002,
Education Code, that describes or portrays sexual conduct, as
defined by Section 43.25, Penal Code, in a patently offensive way,
as defined by Section 43.21, Penal Code.
(b) The Texas State Library and Archives Commission, in
consultation with the State Board of Education, shall adopt
voluntary standards for school library services, other than
collection development, that a [. A] school district shall
consider [the standards] in developing, implementing, or expanding
library services.
(c) The Texas State Library and Archives Commission, with
approval from the State Board of Education, shall adopt standards
for school library collection development that a school district
shall adhere to in developing or implementing the district's
library collection development policies.
(d) The standards adopted under Subsection (b) must:
(1) be reviewed and, if appropriate, updated at least
twice each year; and
(2) include a collection development policy that:
(A) prohibits the acquisition of harmful
material, as defined by Section 43.24, Penal Code;
(B) prohibits the possession, acquisition, and
purchasing of books rated sexually explicit material;
(C) permits the exclusion from a school library
of materials that are pervasively vulgar or educationally
unsuitable; and
(D) recognizes that obscene content is not
protected by the First Amendment to the United States Constitution.
SECTION 3. Subchapter B, Chapter 33, Education Code, is
amended by adding Section 33.024 to read as follows:
Sec. 33.024. PARENTAL CONSENT REQUIRED FOR ACCESS TO
SEXUALLY RELEVANT LIBRARY MATERIALS. (a) In this section,
"sexually relevant material" means any communication, language, or
material, including a written description, photographic image,
video image, or audio file, excluding library material directly
related to required curriculum, as referenced in Section 28.002,
Education Code, that describes or portrays sexual conduct, as
defined by Section 43.25, Penal Code.
(b) A school district or open-enrollment charter school may
not allow a student enrolled in the district or school to access
sexually relevant materials in the catalog of a school library at
the district or school unless the district or school first obtains
written consent from the student's parent or person standing in
parental relation.
SECTION 4. Subtitle F, Title 2, Education Code, is amended
by adding Chapter 35 to read as follows:
CHAPTER 35. RESTRICTIONS ON SEXUALLY RELEVANT AND EXPLICIT BOOKS
Sec. 35.001. DEFINITIONS. In this chapter:
(1) "School book vendor" includes any entity that
sells a book to a public primary or secondary school in this state.
(2) "Sexually explicit material" has the meaning
assigned by Section 33.021(a).
(3) "Sexually relevant material" has the meaning
assigned by Section 33.024(a).
Sec. 35.002. RATING REQUIRED. (a) A school book vendor may
not sell a book to a school district or open-enrollment charter
school before issuing appropriate ratings related to sexually
relevant material and sexually explicit material.
(b) A school book vendor may not sell a book containing
sexually explicit material to a school district or open-enrollment
charter school.
(c) Not later than September 1, 2023, each school book
vendor shall develop and submit to the agency a list of each book
containing sexually relevant material or sexually explicit
material sold by the vendor to a school district or open-enrollment
charter school before that date.
(d) Not later than September 1 of each year, each school
book vendor shall submit to the agency a list of books rated as
sexually relevant material or sexually explicit material, that were
sold by the vendor to a school district or open-enrollment charter
school during the preceding year.
(e) The agency shall post each list submitted under
Subsection (b) or (c) on the agency's Internet website as soon as
practicable.
Sec. 35.003. AGENCY REVIEW. (a) The agency may review a
book not rated by a school book vendor as sexually relevant material
or sexually explicit material in accordance with Section 35.002(a).
If the agency determines that the book is required to be rated as
sexually relevant material or sexually explicit material under that
subsection, the agency shall provide written notice to the vendor.
The notice must include information regarding the vendor's duty
under this section.
(b) Not later than the 60th day after the date on which a
school book vendor receives notice for a book under Subsection (a),
the vendor shall:
(1) either:
(A) rate the book as sexually relevant material
in accordance with Section 35.002(a); or
(B) rate the book as sexually explicit material
in accordance with Section 35.002(a) and cease all sales of the book
to a school district or open-enrollment charter school and issue a
recall for all copies of the book sold to a school district or
open-enrollment charter school; and
(2) notify the agency of the action taken under
Subdivision (1).
(c) The agency shall maintain on the agency's Internet
website a list of school book vendors who fail to comply with
Subsection (b).
(d) A school district or open-enrollment charter school may
not purchase a book from a school book vendor on the list described
by Subsection (c).
(e) A school book vendor placed on the list described by
Subsection (c) may petition the agency for removal from the list.
The agency may remove a vendor from the list only if the agency is
satisfied that the vendor has taken appropriate action under
Subsection (b).
Sec. 35.005. LIABILITY. A school district or
open-enrollment charter school is not liable for any claim or
damage resulting from a school book vendor's violation of this
chapter.
Sec. 35.006. REVIEW AND REPORTING OF SEXUALLY RELEVANT
LIBRARY BOOKS. (a) Not later than August 1 of every fifth year,
each school district and open-enrollment charter school shall:
(1) review the content of each book in the catalog of a
district or school library that is rated as sexually relevant
material under Section 35.002(a) or included on a list submitted to
the agency under Section 35.002(b) or (c);
(2) determine in accordance with the district's or
school's policies regarding the approval, review, and
reconsideration of school library materials whether to retain each
book reviewed under Subdivision (1) in the school library catalog;
and
(3) submit to the agency a report on the district's or
school's actions under this subsection that includes:
(A) the title of each book reviewed under
Subdivision (1); and
(B) the district's or school's decision regarding
the book under Subdivision (2).
(b) Not later than August 1 of each year, each school
district or open-enrollment charter school shall submit to the
agency a report listing each book rated as sexually relevant
material under Section 35.002(a) that was added to the catalog of a
district or school library during the preceding year.
(c) The agency shall post on the agency's Internet website a
report submitted under this section as soon as practicable after
the report is received.
Sec. 35.007. RULES. The commissioner may adopt rules as
necessary to administer this chapter.
SECTION 5. (a) Not later than August 1, 2024, each school
district and open-enrollment charter school shall conduct the
initial content review and submit the initial report required under
Section 35.006(a), Education Code, as added by this Act.
(b) Not later than September 1, 2023, each school book
vendor, as defined by Section 35.001, Education Code, as added by
this Act, shall submit the initial list required under Section
35.002(c), Education Code, as added by this Act.
(c) Not later than August 1, 2025, each school district and
open-enrollment charter school shall submit the initial report
required under Section 35.006(b), Education Code, as added by this
Act.
SECTION 6. The changes in law made by this Act to the
Education Code apply beginning with the 2023-2024 school year.
SECTION 7. (a) This act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
(b) If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2023.