TX
Texas House Bill HB900

Texas 2023 - 88th Regular

Texas House Bill HB900 Compare Versions

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11 H.B. No. 900
22
33
44 AN ACT
55 relating to the regulation of library materials sold to or included
66 in public school libraries.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. This Act shall be known as the Restricting
99 Explicit and Adult-Designated Educational Resources (READER) Act.
1010 SECTION 2. Section 33.021, Education Code, is amended to
1111 read as follows:
1212 Sec. 33.021. LIBRARY STANDARDS. (a) In this section,
1313 "sexually explicit material" means any communication, language, or
1414 material, including a written description, illustration,
1515 photographic image, video image, or audio file, other than library
1616 material directly related to the curriculum required under Section
1717 28.002(a), that describes, depicts, or portrays sexual conduct, as
1818 defined by Section 43.25, Penal Code, in a way that is patently
1919 offensive, as defined by Section 43.21, Penal Code.
2020 (b) The Texas State Library and Archives Commission, in
2121 consultation with the State Board of Education, shall adopt
2222 voluntary standards for school library services, other than
2323 collection development, that a[. A] school district shall consider
2424 [the standards] in developing, implementing, or expanding library
2525 services.
2626 (c) The Texas State Library and Archives Commission, with
2727 approval by majority vote of the State Board of Education, shall
2828 adopt standards for school library collection development that a
2929 school district shall adhere to in developing or implementing the
3030 district's library collection development policies.
3131 (d) The standards adopted under Subsection (c) must:
3232 (1) be reviewed and updated at least once every five
3333 years; and
3434 (2) include a collection development policy that:
3535 (A) prohibits the possession, acquisition, and
3636 purchase of:
3737 (i) harmful material, as defined by Section
3838 43.24, Penal Code;
3939 (ii) library material rated sexually
4040 explicit material by the selling library material vendor; or
4141 (iii) library material that is pervasively
4242 vulgar or educationally unsuitable as referenced in Pico v. Board
4343 of Education, 457 U.S. 853 (1982);, 457 U.S. 853 (1982);
4444 (B) recognizes that obscene content is not
4545 protected by the First Amendment to the United States Constitution;
4646 (C) is required for all library materials
4747 available for use or display, including material contained in
4848 school libraries, classroom libraries, and online catalogs;
4949 (D) recognizes that parents are the primary
5050 decision makers regarding a student's access to library material;
5151 (E) encourages schools to provide library
5252 catalog transparency;
5353 (F) recommends schools communicate effectively
5454 with parents regarding collection development; and
5555 (G) prohibits the removal of material based
5656 solely on the:
5757 (i) ideas contained in the material; or
5858 (ii) personal background of:
5959 (a) the author of the material; or
6060 (b) characters in the material.
6161 SECTION 3. Subtitle F, Title 2, Education Code, is amended
6262 by adding Chapter 35 to read as follows:
6363 CHAPTER 35. REGULATION OF CERTAIN LIBRARY MATERIAL
6464 Sec. 35.001. DEFINITIONS. In this chapter:
6565 (1) "Library material vendor" includes any entity that
6666 sells library material to a public primary or secondary school in
6767 this state.
6868 (2) "Sexually explicit material" has the meaning
6969 assigned by Section 33.021.
7070 (3) "Sexually relevant material" means any
7171 communication, language, or material, including a written
7272 description, illustration, photographic image, video image, or
7373 audio file, other than library material directly related to the
7474 curriculum required under Section 28.002(a), that describes,
7575 depicts, or portrays sexual conduct, as defined by Section 43.25,
7676 Penal Code.
7777 Sec. 35.002. RATINGS REQUIRED. (a) A library material
7878 vendor may not sell library materials to a school district or
7979 open-enrollment charter school unless the vendor has issued
8080 appropriate ratings regarding sexually explicit material and
8181 sexually relevant material previously sold to a district or school.
8282 (b) A library material vendor may not sell library material
8383 rated sexually explicit material and shall issue a recall for all
8484 copies of library material sold to a district or school that is:
8585 (1) rated sexually explicit material; and
8686 (2) in active use by the district or school.
8787 (c) Not later than April 1, 2024, each library material
8888 vendor shall develop and submit to the agency a list of library
8989 material rated as sexually explicit material or sexually relevant
9090 material sold by the vendor to a school district or open-enrollment
9191 charter school before that date and still in active use by the
9292 district or school.
9393 (d) Not later than September 1 of each year, each library
9494 material vendor shall submit to the agency an updated list of
9595 library material rated as sexually explicit material or sexually
9696 relevant material sold by the vendor to a school district or
9797 open-enrollment charter school during the preceding year and still
9898 in active use by the district or school.
9999 (e) The agency shall post each list submitted under
100100 Subsection (c) or (d) in a conspicuous place on the agency's
101101 Internet website as soon as practicable.
102102 Sec. 35.0021. RATING GUIDELINES. (a) For purposes of
103103 determining whether a library material is sexually explicit as
104104 required by Section 35.002, a library material vendor must perform
105105 a contextual analysis of the material to determine whether the
106106 material describes, depicts, or portrays sexual conduct in a way
107107 that is patently offensive.
108108 (b) In performing the contextual analysis of a library
109109 material, a library material vendor must consider the following
110110 three principal factors with respect to the material:
111111 (1) the explicitness or graphic nature of a
112112 description or depiction of sexual conduct contained in the
113113 material;
114114 (2) whether the material consists predominantly of or
115115 contains multiple repetitions of depictions of sexual or excretory
116116 organs or activities; and
117117 (3) whether a reasonable person would find that the
118118 material intentionally panders to, titillates, or shocks the
119119 reader.
120120 (c) In examining the three factors listed under Subsection
121121 (b), a vendor must weigh and balance each factor and conclude
122122 whether the library material is patently offensive, recognizing
123123 that because each instance of a description, depiction, or
124124 portrayal of sexual conduct contained in a material may present a
125125 unique mix of factors.
126126 (d) To determine whether a description, depiction, or
127127 portrayal of sexual conduct contained in a material is patently
128128 offensive, a library material vendor must consider the full context
129129 in which the description, depiction, or portrayal of sexual conduct
130130 appears, to the extent possible, recognizing that contextual
131131 determinations are necessarily highly fact-specific and require
132132 the consideration of contextual characteristics that may
133133 exacerbate or mitigate the offensiveness of the material.
134134 Sec. 35.003. AGENCY REVIEW. (a) The agency may review
135135 library material sold by a library material vendor that is not rated
136136 or incorrectly rated by the vendor as sexually explicit material,
137137 sexually relevant material, or no rating in accordance with Section
138138 35.002(a). If the agency determines that the library material is
139139 required to be rated as sexually explicit material or sexually
140140 relevant material or to receive no rating at all under that
141141 subsection, the agency shall provide written notice to the vendor.
142142 The notice must include information regarding the vendor's duty
143143 under this section and provide the corrected rating required for
144144 the library material.
145145 (b) Not later than the 60th day after the date on which a
146146 library material vendor receives notice regarding library material
147147 under Subsection (a), the vendor shall:
148148 (1) rate the library material according to the
149149 agency's corrected rating; and
150150 (2) notify the agency of the action taken under
151151 Subdivision (1).
152152 (c) The agency shall post and maintain in a conspicuous
153153 place on the agency's Internet website a list of library material
154154 vendors who fail to comply with Subsection (b).
155155 (d) A school district or open-enrollment charter school may
156156 not purchase library material from a library material vendor on the
157157 list described by Subsection (c).
158158 (e) A library material vendor placed on the list described
159159 by Subsection (c) may petition the agency for removal from the list.
160160 The agency may remove a vendor from the list only if the agency is
161161 satisfied that the vendor has taken appropriate action under
162162 Subsection (b).
163163 Sec. 35.004. LIABILITY. A school district or
164164 open-enrollment charter school or a teacher, librarian, or other
165165 staff member employed by a district or school is not liable for any
166166 claim or damage resulting from a library material vendor's
167167 violation of this chapter.
168168 Sec. 35.005. PARENTAL CONSENT REQUIRED FOR USE OF CERTAIN
169169 LIBRARY MATERIALS. A school district or open-enrollment charter
170170 school may not allow a student enrolled in the district or school to
171171 reserve, check out, or otherwise use outside the school library
172172 library material the library material vendor has rated as sexually
173173 relevant material under Section 35.002(a) unless the district or
174174 school first obtains written consent from the student's parent or
175175 person standing in parental relation.
176176 Sec. 35.006. REVIEW AND REPORTING OF CERTAIN LIBRARY
177177 MATERIALS. (a) Not later than January 1 of every odd-numbered
178178 year, each school district and open-enrollment charter school
179179 shall:
180180 (1) review the content of each library material in the
181181 catalog of a district or school library that is rated as sexually
182182 relevant material under Section 35.002(a) by the library material
183183 vendor;
184184 (2) determine in accordance with the district's or
185185 school's policies regarding the approval, review, and
186186 reconsideration of school library materials whether to retain each
187187 library material reviewed under Subdivision (1) in the school
188188 library catalog; and
189189 (3) either:
190190 (A) post in a conspicuous place on the Internet
191191 website maintained by the district or school a report; or
192192 (B) provide physical copies of the report at the
193193 central administrative building for the district or school.
194194 (b) The report required under Subsection (a)(3) must
195195 include:
196196 (1) the title of each library material reviewed under
197197 Subsection (a)(1);
198198 (2) the district's or school's decision regarding the
199199 library material under Subsection (a)(2); and
200200 (3) the school or campus where the library material is
201201 currently located.
202202 Sec. 35.007. RULES. The commissioner may adopt rules as
203203 necessary to administer this chapter.
204204 Sec. 35.008. ASSISTANCE OF AGENCY. The agency may provide
205205 assistance to school districts and open-enrollment charter schools
206206 in complying with this chapter.
207207 SECTION 4. Not later than January 1, 2024, the Texas State
208208 Library and Archives Commission shall adopt the standards for
209209 school library collection development as required under Section
210210 33.021(c), Education Code, as added by this Act.
211211 SECTION 5. (a) Not later than April 1, 2024, each library
212212 material vendor, as defined by Section 35.001, Education Code, as
213213 added by this Act, shall submit the initial list required under
214214 Section 35.002(c), Education Code, as added by this Act.
215215 (b) Not later than September 1, 2024, each library material
216216 vendor, as defined by Section 35.001, Education Code, as added by
217217 this Act, shall submit the initial updated list required under
218218 Section 35.002(d), Education Code, as added by this Act.
219219 (c) Not later than January 1, 2025, each school district and
220220 open-enrollment charter school shall conduct the initial content
221221 review and submit the initial report required under Section
222222 35.006(a), Education Code, as added by this Act.
223223 SECTION 6. The changes in law made by this Act to the
224224 Education Code apply beginning with the 2023-2024 school year.
225225 SECTION 7. This Act takes effect immediately if it receives
226226 a vote of two-thirds of all the members elected to each house, as
227227 provided by Section 39, Article III, Texas Constitution. If this
228228 Act does not receive the vote necessary for immediate effect, this
229229 Act takes effect September 1, 2023.
230230 ______________________________ ______________________________
231231 President of the Senate Speaker of the House
232232 I certify that H.B. No. 900 was passed by the House on April
233233 20, 2023, by the following vote: Yeas 95, Nays 52, 1 present, not
234234 voting.
235235 ______________________________
236236 Chief Clerk of the House
237237 I certify that H.B. No. 900 was passed by the Senate on May
238238 23, 2023, by the following vote: Yeas 19, Nays 12.
239239 ______________________________
240240 Secretary of the Senate
241241 APPROVED: _____________________
242242 Date
243243 _____________________
244244 Governor