By: Leo Wilson, Buckley, Dutton, H.B. No. 100
A. Davis of Dallas, Plesa, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the purchase, adoption, and use of instructional
materials by public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.0211(f), Education Code, is amended
to read as follows:
(f) Funds allotted under this section may not be used to
purchase instructional material that:
(1) contains obscene or harmful content or would
otherwise cause the school district to which the funds were
allotted to be unable to submit the certification required under
Section 31.1011(a)(1)(B); or
(2) is on the list of rejected instructional materials
maintained by the State Board of Education under Section 31.022(a).
SECTION 2. Section 31.022, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Not later than the 45th day before the date the State
Board of Education intends to add an instructional material to the
list of rejected instructional materials under Subsection (a), the
board shall add the material to a list of proposed rejected
instructional materials and issue a proclamation requesting the
revision of the applicable instructional material before the end of
the 45-day period.
SECTION 3. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.024 to read as follows:
Sec. 31.024. LIMITATION ON THE ADOPTION AND USE OF
INSTRUCTIONAL MATERIAL. A school district may not adopt or
otherwise use instructional material included on the list of
rejected instructional materials maintained by the State Board of
Education under Section 31.022(a).
SECTION 4. Section 31.073, Education Code, is amended by
adding Subsection (b) and amending Subsection (c) to read as
follows:
(b) A school district or open-enrollment charter school may
only adopt or otherwise use an open education resource
instructional material that is not included on the list of rejected
instructional materials maintained by the State Board of Education
under Section 31.022(a).
(c) A school district or open-enrollment charter school may
adopt open education resource instructional material that complies
with Subsection (b) at any time.
SECTION 5. Section 31.106, Education Code, is amended to
read as follows:
Sec. 31.106. USE OF LOCAL FUNDS. In addition to any
instructional material selected under this chapter, a school
district or open-enrollment charter school may use local funds to
purchase any instructional materials not included on the list of
rejected instructional materials maintained by the State Board of
Education under Section 31.022(a).
SECTION 6. This Act applies beginning with the 2025-2026
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, 2025.