88R6144 DIO-F
By: Hall S.B. No. 1152
A BILL TO BE ENTITLED
AN ACT
relating to requirements regarding certain student resources
provided to public and private school students by a public or
private primary or secondary school, institution of higher
education, state agency, or public library.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.043 to read as follows:
Sec. 38.043. REQUIREMENTS REGARDING CERTAIN STUDENT
RESOURCES. (a) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Library" means:
(A) a public library or a library system, as
defined by Section 441.122, Government Code;
(B) a library operated by an institution of
higher education, a school district, or an open-enrollment charter
school; or
(C) a library operated by a state agency or
political subdivision.
(3) "Provider" means a person, including a vendor, who
provides student resources.
(4) "Student" means a child enrolled as a student in
prekindergarten through 12th grade in a public or private school in
this state.
(5) "Student resources" means physical, digital, or
online library resources, access to databases, and curriculum and
supportive materials for use by a student.
(b) A school district, open-enrollment charter school,
private school, institution of higher education, state agency, or
library may not provide student resources to a student unless the
resource has been verified by the provider of the resource for
compliance with Subsection (c).
(c) A provider shall adopt safety policies and technology
protections to verify that the student resources the provider
provides to a school district, open-enrollment charter school,
private school, institution of higher education, state agency, or
library:
(1) do not contain or allow access to a communication,
written description, photographic image, video image, or audio
file, that relates to, depicts, or describes:
(A) a material or performance that is obscene, as
defined by Section 43.21, Penal Code;
(B) child pornography, as described by Section
43.26, Penal Code; or
(C) sexual exploitation, as defined by Section
81.001, Civil Practice and Remedies Code;
(2) do not allow a student to receive, send, upload, or
download a communication, written description, photographic image,
video image, or audio file described by Subdivision (1); and
(3) filter or block a student's access to an item
described by Subdivisions (1) and (2).
(d) Before providing any student resources to a school
district, open-enrollment charter school, private school,
institution of higher education, state agency, or library, a
provider shall notify the receiving entity regarding whether those
student resources comply with Subsection (c).
(e) If a contract between a provider and a school district,
open-enrollment charter school, private school, institution of
higher education, state agency, or library for the provision of
student resources is in effect, failure by a provider to comply with
Subsections (c) and (d) entitles the representative of a school
district, open-enrollment charter school, private school,
institution of higher education, state agency, or library to:
(1) terminate the contract for nonperformance or
breach of contract; or
(2) withhold any further payments, if any, to the
provider pending verification and notice of compliance with
Subsections (c) and (d).
(f) This section may not be construed to limit or otherwise
affect a person's criminal liability under other law.
SECTION 2. Not later than December 1 of each year, each
entity that receives "student resources" from a "provider," as
those terms are defined by Section 38.043, Education Code, as added
by this Act, shall report to the legislature regarding any issues
with provider compliance related to the requirements of that
section.
SECTION 3. This Act takes effect September 1, 2023.