H.B. No. 900
AN ACT
relating to the regulation of library materials 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, illustration,
photographic image, video image, or audio file, other than library
material directly related to the curriculum required under Section
28.002(a), that describes, depicts, or portrays sexual conduct, as
defined by Section 43.25, Penal Code, in a way that is patently
offensive, 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 by majority vote of 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 (c) must:
(1) be reviewed and updated at least once every five
years; and
(2) include a collection development policy that:
(A) prohibits the possession, acquisition, and
purchase of:
(i) harmful material, as defined by Section
43.24, Penal Code;
(ii) library material rated sexually
explicit material by the selling library material vendor; or
(iii) library material that is pervasively
vulgar or educationally unsuitable as referenced in Pico v. Board
of Education, 457 U.S. 853 (1982);, 457 U.S. 853 (1982);
(B) recognizes that obscene content is not
protected by the First Amendment to the United States Constitution;
(C) is required for all library materials
available for use or display, including material contained in
school libraries, classroom libraries, and online catalogs;
(D) recognizes that parents are the primary
decision makers regarding a student's access to library material;
(E) encourages schools to provide library
catalog transparency;
(F) recommends schools communicate effectively
with parents regarding collection development; and
(G) prohibits the removal of material based
solely on the:
(i) ideas contained in the material; or
(ii) personal background of:
(a) the author of the material; or
(b) characters in the material.
SECTION 3. Subtitle F, Title 2, Education Code, is amended
by adding Chapter 35 to read as follows:
CHAPTER 35. REGULATION OF CERTAIN LIBRARY MATERIAL
Sec. 35.001. DEFINITIONS. In this chapter:
(1) "Library material vendor" includes any entity that
sells library material to a public primary or secondary school in
this state.
(2) "Sexually explicit material" has the meaning
assigned by Section 33.021.
(3) "Sexually relevant material" means any
communication, language, or material, including a written
description, illustration, photographic image, video image, or
audio file, other than library material directly related to the
curriculum required under Section 28.002(a), that describes,
depicts, or portrays sexual conduct, as defined by Section 43.25,
Penal Code.
Sec. 35.002. RATINGS REQUIRED. (a) A library material
vendor may not sell library materials to a school district or
open-enrollment charter school unless the vendor has issued
appropriate ratings regarding sexually explicit material and
sexually relevant material previously sold to a district or school.
(b) A library material vendor may not sell library material
rated sexually explicit material and shall issue a recall for all
copies of library material sold to a district or school that is:
(1) rated sexually explicit material; and
(2) in active use by the district or school.
(c) Not later than April 1, 2024, each library material
vendor shall develop and submit to the agency a list of library
material rated as sexually explicit material or sexually relevant
material sold by the vendor to a school district or open-enrollment
charter school before that date and still in active use by the
district or school.
(d) Not later than September 1 of each year, each library
material vendor shall submit to the agency an updated list of
library material rated as sexually explicit material or sexually
relevant material sold by the vendor to a school district or
open-enrollment charter school during the preceding year and still
in active use by the district or school.
(e) The agency shall post each list submitted under
Subsection (c) or (d) in a conspicuous place on the agency's
Internet website as soon as practicable.
Sec. 35.0021. RATING GUIDELINES. (a) For purposes of
determining whether a library material is sexually explicit as
required by Section 35.002, a library material vendor must perform
a contextual analysis of the material to determine whether the
material describes, depicts, or portrays sexual conduct in a way
that is patently offensive.
(b) In performing the contextual analysis of a library
material, a library material vendor must consider the following
three principal factors with respect to the material:
(1) the explicitness or graphic nature of a
description or depiction of sexual conduct contained in the
material;
(2) whether the material consists predominantly of or
contains multiple repetitions of depictions of sexual or excretory
organs or activities; and
(3) whether a reasonable person would find that the
material intentionally panders to, titillates, or shocks the
reader.
(c) In examining the three factors listed under Subsection
(b), a vendor must weigh and balance each factor and conclude
whether the library material is patently offensive, recognizing
that because each instance of a description, depiction, or
portrayal of sexual conduct contained in a material may present a
unique mix of factors.
(d) To determine whether a description, depiction, or
portrayal of sexual conduct contained in a material is patently
offensive, a library material vendor must consider the full context
in which the description, depiction, or portrayal of sexual conduct
appears, to the extent possible, recognizing that contextual
determinations are necessarily highly fact-specific and require
the consideration of contextual characteristics that may
exacerbate or mitigate the offensiveness of the material.
Sec. 35.003. AGENCY REVIEW. (a) The agency may review
library material sold by a library material vendor that is not rated
or incorrectly rated by the vendor as sexually explicit material,
sexually relevant material, or no rating in accordance with Section
35.002(a). If the agency determines that the library material is
required to be rated as sexually explicit material or sexually
relevant material or to receive no rating at all 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 and provide the corrected rating required for
the library material.
(b) Not later than the 60th day after the date on which a
library material vendor receives notice regarding library material
under Subsection (a), the vendor shall:
(1) rate the library material according to the
agency's corrected rating; and
(2) notify the agency of the action taken under
Subdivision (1).
(c) The agency shall post and maintain in a conspicuous
place on the agency's Internet website a list of library material
vendors who fail to comply with Subsection (b).
(d) A school district or open-enrollment charter school may
not purchase library material from a library material vendor on the
list described by Subsection (c).
(e) A library material 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. 35.004. LIABILITY. A school district or
open-enrollment charter school or a teacher, librarian, or other
staff member employed by a district or school is not liable for any
claim or damage resulting from a library material vendor's
violation of this chapter.
Sec. 35.005. PARENTAL CONSENT REQUIRED FOR USE OF CERTAIN
LIBRARY MATERIALS. A school district or open-enrollment charter
school may not allow a student enrolled in the district or school to
reserve, check out, or otherwise use outside the school library
library material the library material vendor has rated as sexually
relevant material under Section 35.002(a) unless the district or
school first obtains written consent from the student's parent or
person standing in parental relation.
Sec. 35.006. REVIEW AND REPORTING OF CERTAIN LIBRARY
MATERIALS. (a) Not later than January 1 of every odd-numbered
year, each school district and open-enrollment charter school
shall:
(1) review the content of each library material in the
catalog of a district or school library that is rated as sexually
relevant material under Section 35.002(a) by the library material
vendor;
(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
library material reviewed under Subdivision (1) in the school
library catalog; and
(3) either:
(A) post in a conspicuous place on the Internet
website maintained by the district or school a report; or
(B) provide physical copies of the report at the
central administrative building for the district or school.
(b) The report required under Subsection (a)(3) must
include:
(1) the title of each library material reviewed under
Subsection (a)(1);
(2) the district's or school's decision regarding the
library material under Subsection (a)(2); and
(3) the school or campus where the library material is
currently located.
Sec. 35.007. RULES. The commissioner may adopt rules as
necessary to administer this chapter.
Sec. 35.008. ASSISTANCE OF AGENCY. The agency may provide
assistance to school districts and open-enrollment charter schools
in complying with this chapter.
SECTION 4. Not later than January 1, 2024, the Texas State
Library and Archives Commission shall adopt the standards for
school library collection development as required under Section
33.021(c), Education Code, as added by this Act.
SECTION 5. (a) Not later than April 1, 2024, each library
material 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.
(b) Not later than September 1, 2024, each library material
vendor, as defined by Section 35.001, Education Code, as added by
this Act, shall submit the initial updated list required under
Section 35.002(d), Education Code, as added by this Act.
(c) Not later than January 1, 2025, 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.
SECTION 6. The changes in law made by this Act to the
Education Code apply beginning with the 2023-2024 school year.
SECTION 7. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 900 was passed by the House on April
20, 2023, by the following vote: Yeas 95, Nays 52, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 900 was passed by the Senate on May
23, 2023, by the following vote: Yeas 19, Nays 12.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor