Texas 2023 - 88th Regular

Texas House Bill HB4387 Compare Versions

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Version 2 (New)

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1	1	88R10048 PRL-D
2	2	By: Leo-Wilson H.B. No. 4387
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to content ratings for books and other written materials
8	8	used in public schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 2, Education Code, is amended
11	11	by adding Chapter 35 to read as follows:
12	12	CHAPTER 35. CONTENT RATINGS FOR BOOKS AND OTHER WRITTEN MATERIALS
13	13	Sec. 35.001. DEFINITION. In this chapter, "board" means
14	14	the State Board of Education.
15	15	Sec. 35.002. CONTENT RATINGS REQUIRED. (a) A publisher may
16	16	not sell a book or other written material to a school district or
17	17	open-enrollment charter school unless the publisher has:
18	18	(1) assigned a content rating as provided by this
19	19	section to the book or material; and
20	20	(2) affixed to the cover of the book or material a
21	21	label indicating the content rating assigned under Subdivision (1).
22	22	(b) A publisher shall assign the content rating "BK-Y" to a
23	23	book or material that is intended for children younger than seven
24	24	years of age. "BK-Y" rated content may not be designed or intended
25	25	to frighten.
26	26	(c) A publisher shall assign the content rating "BK-Y7" to a
27	27	book or material that is intended for children seven years of age or
28	28	older. "BK-Y7" rated content may contain mildly frightening or
29	29	violent themes.
30	30	(d) A publisher shall assign the content rating "BK-G" to a
31	31	book or material that is intended for all ages. "BK-G" rated
32	32	content may contain little or no violent, sexual, or profane
33	33	themes.
34	34	(e) A publisher shall assign the content rating "BK-PG" to a
35	35	book or material that is intended to be read by young children only
36	36	with the guidance of an adult. "BK-PG" rated content may contain
37	37	suggestive dialogue or situations, infrequent profanity, and
38	38	moderate violence.
39	39	(f) A publisher shall assign the content rating "BK-14" to a
40	40	book or material that is intended to be read by children 14 years of
41	41	age or older. "BK-14" rated content may contain intensely
42	42	suggestive dialogue or situations, profanity, and intense
43	43	violence.
44	44	(g) A publisher shall assign the content rating "BK-MA" to a
45	45	book or material that is intended for persons 17 years of age or
46	46	older. "BK-MA" rated content may contain explicit depictions of
47	47	sexuality, strong profanity, and graphic violence.
48	48	(h) Not later than September 1, 2024, each publisher shall
49	49	develop and submit to the board a list of each book or other written
50	50	material sold by the publisher to a school district or
51	51	open-enrollment charter school before that date. The list must
52	52	include the title of the book or material and the content rating
53	53	assigned to that book or material.
54	54	(i) The board shall post each list submitted under
55	55	Subsection (h) on the board's Internet website as soon as
56	56	practicable.
57	57	Sec. 35.003. CONTENT RATING RESTRICTIONS. A school
58	58	district or open-enrollment charter school may not use as
59	59	instructional material or make available:
60	60	(1) for students in a grade level below grade six, a
61	61	book or material rated BK-PG, BK-14, or BK-MA; or
62	62	(2) for students in a grade level below grade nine, a
63	63	book or material rated BK-14 or BK-MA.
64	64	Sec. 35.004. STATE BOARD OF EDUCATION REVIEW. (a) The
65	65	board may review a content rating assigned by a publisher to a book
66	66	or other written material under Section 35.002. If the board
67	67	disagrees with a content rating assigned by a publisher, the board
68	68	shall provide written notice to the publisher. The notice must
69	69	include:
70	70	(1) the content rating the board would assign to the
71	71	book or material; and
72	72	(2) information regarding the publisher's duty under
73	73	this section.
74	74	(b) Not later than the 120th day after the date on which a
75	75	publisher receives notice for a book or other written material
76	76	under Subsection (a), the publisher shall:
77	77	(1) either:
78	78	(A) change the content rating for the book or
79	79	material to the content rating that the board would assign, as
80	80	stated in the notice; or
81	81	(B) cease all sales of the book or material to a
82	82	school district or open-enrollment charter school and issue a
83	83	recall for all copies of the book or material sold to a school
84	84	district or open-enrollment charter school; and
85	85	(2) notify the board of the action taken under
86	86	Subdivision (1).
87	87	(c) The board shall maintain on the board's Internet website
88	88	a list of publishers who fail to comply with Subsection (b).
89	89	(d) A school district or open-enrollment charter school may
90	90	not purchase a book or other written material from a publisher on
91	91	the list described by Subsection (c).
92	92	(e) A publisher placed on the list described by Subsection
93	93	(c) may petition the board for removal from the list. The board may
94	94	remove a publisher from the list only if the board is satisfied that
95	95	the publisher has taken appropriate action under Subsection (b).
96	96	Sec. 35.005. LIABILITY. A school district or
97	97	open-enrollment charter school is not liable for any claim or
98	98	damage resulting from a publisher's violation of this chapter.
99	99	Sec. 35.006. RULES. The board may adopt rules as necessary
100	100	to administer this chapter.
101	101	SECTION 2. This Act applies beginning with the 2024-2025
102	102	school year.
103	103	SECTION 3. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2023.