88R10048 PRL-D
By: Leo-Wilson H.B. No. 4387
A BILL TO BE ENTITLED
AN ACT
relating to content ratings for books and other written materials
used in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 2, Education Code, is amended
by adding Chapter 35 to read as follows:
CHAPTER 35. CONTENT RATINGS FOR BOOKS AND OTHER WRITTEN MATERIALS
Sec. 35.001. DEFINITION. In this chapter, "board" means
the State Board of Education.
Sec. 35.002. CONTENT RATINGS REQUIRED. (a) A publisher may
not sell a book or other written material to a school district or
open-enrollment charter school unless the publisher has:
(1) assigned a content rating as provided by this
section to the book or material; and
(2) affixed to the cover of the book or material a
label indicating the content rating assigned under Subdivision (1).
(b) A publisher shall assign the content rating "BK-Y" to a
book or material that is intended for children younger than seven
years of age. "BK-Y" rated content may not be designed or intended
to frighten.
(c) A publisher shall assign the content rating "BK-Y7" to a
book or material that is intended for children seven years of age or
older. "BK-Y7" rated content may contain mildly frightening or
violent themes.
(d) A publisher shall assign the content rating "BK-G" to a
book or material that is intended for all ages. "BK-G" rated
content may contain little or no violent, sexual, or profane
themes.
(e) A publisher shall assign the content rating "BK-PG" to a
book or material that is intended to be read by young children only
with the guidance of an adult. "BK-PG" rated content may contain
suggestive dialogue or situations, infrequent profanity, and
moderate violence.
(f) A publisher shall assign the content rating "BK-14" to a
book or material that is intended to be read by children 14 years of
age or older. "BK-14" rated content may contain intensely
suggestive dialogue or situations, profanity, and intense
violence.
(g) A publisher shall assign the content rating "BK-MA" to a
book or material that is intended for persons 17 years of age or
older. "BK-MA" rated content may contain explicit depictions of
sexuality, strong profanity, and graphic violence.
(h) Not later than September 1, 2024, each publisher shall
develop and submit to the board a list of each book or other written
material sold by the publisher to a school district or
open-enrollment charter school before that date. The list must
include the title of the book or material and the content rating
assigned to that book or material.
(i) The board shall post each list submitted under
Subsection (h) on the board's Internet website as soon as
practicable.
Sec. 35.003. CONTENT RATING RESTRICTIONS. A school
district or open-enrollment charter school may not use as
instructional material or make available:
(1) for students in a grade level below grade six, a
book or material rated BK-PG, BK-14, or BK-MA; or
(2) for students in a grade level below grade nine, a
book or material rated BK-14 or BK-MA.
Sec. 35.004. STATE BOARD OF EDUCATION REVIEW. (a) The
board may review a content rating assigned by a publisher to a book
or other written material under Section 35.002. If the board
disagrees with a content rating assigned by a publisher, the board
shall provide written notice to the publisher. The notice must
include:
(1) the content rating the board would assign to the
book or material; and
(2) information regarding the publisher's duty under
this section.
(b) Not later than the 120th day after the date on which a
publisher receives notice for a book or other written material
under Subsection (a), the publisher shall:
(1) either:
(A) change the content rating for the book or
material to the content rating that the board would assign, as
stated in the notice; or
(B) cease all sales of the book or material to a
school district or open-enrollment charter school and issue a
recall for all copies of the book or material sold to a school
district or open-enrollment charter school; and
(2) notify the board of the action taken under
Subdivision (1).
(c) The board shall maintain on the board's Internet website
a list of publishers who fail to comply with Subsection (b).
(d) A school district or open-enrollment charter school may
not purchase a book or other written material from a publisher on
the list described by Subsection (c).
(e) A publisher placed on the list described by Subsection
(c) may petition the board for removal from the list. The board may
remove a publisher from the list only if the board is satisfied that
the publisher 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 publisher's violation of this chapter.
Sec. 35.006. RULES. The board may adopt rules as necessary
to administer this chapter.
SECTION 2. This Act applies beginning with the 2024-2025
school year.
SECTION 3. 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. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.