89R1386 TSS-D
By: Patterson H.B. No. 183
A BILL TO BE ENTITLED
AN ACT
relating to the regulation and the review of certain library
materials included in public school libraries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 35, Education Code, is amended by
designating Section 35.001 as Subchapter A and adding a subchapter
heading to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 2. Section 35.001, Education Code, is amended by
amending Subdivision (1) and adding Subdivision (1-a) to read as
follows:
(1) "Board" means the State Board of Education.
(1-a) "Library material vendor" includes any entity
that sells library material to a public primary or secondary school
in this state.
SECTION 3. Chapter 35, Education Code, is amended by
designating Sections 35.002, 35.0021, 35.003, 35.004, 35.005,
35.006, 35.007, and 35.008 as Subchapter B and adding a subchapter
heading to read as follows:
SUBCHAPTER B. LIBRARY MATERIAL RATINGS
SECTION 4. Section 35.004, Education Code, is amended to
read as follows:
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 subchapter [chapter].
SECTION 5. Section 35.007, Education Code, is amended to
read as follows:
Sec. 35.007. RULES. The commissioner may adopt rules as
necessary to administer this subchapter [chapter].
SECTION 6. Section 35.008, Education Code, is amended to
read as follows:
Sec. 35.008. ASSISTANCE OF AGENCY. The agency may provide
assistance to school districts and open-enrollment charter schools
in complying with this subchapter [chapter].
SECTION 7. Chapter 35, Education Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C. STATE REVIEW OF LIBRARY MATERIAL
Sec. 35.151. PARENTAL REQUEST FOR REVIEW. (a) The board
shall develop and make available on the board's Internet website a
form that the parent of a student enrolled in a school district or
open-enrollment charter school in this state may use to submit a
request to the board to review library material in the catalog of
the district or school library that the parent believes:
(1) is inappropriate for use by students in one or more
of the grade levels for which the material is available; or
(2) contains sexually explicit material.
(b) The board shall maintain on the board's Internet website
a list of library material for which a request for review submitted
under Subsection (a) is pending. The list must specify the grade
levels for which the material is under review.
Sec. 35.152. BOARD REVIEW OF LIBRARY MATERIAL. (a) Not
later than three weeks after the date the board receives a request
for review of library material under Section 35.151, the board
shall review the library material and:
(1) if the board determines that the material is
appropriate for use by students in certain grade levels and does not
contain sexually explicit material, add the material to a list of
approved material maintained on the board's Internet website and
specify the grade levels for which the material was approved;
(2) if the board determines that the material is
inappropriate for use by students in certain grade levels or
contains sexually explicit material, add the material to a list of
rejected material maintained on the board's Internet website and
specify the grade levels for which the material was rejected; or
(3) if the board cannot make a determination under
Subdivision (1) or (2), refer the request for review to the agency
under Section 35.153.
(b) If the board determines that a library material is
appropriate for use by students in some grade levels but not all
grade levels, the board may add the material to both the list of
approved material for the grade levels for which the material was
approved and the list of rejected material for the grade levels for
which the material was rejected.
(c) The board may adopt criteria necessary for approval of
library material under this section.
Sec. 35.153. AGENCY REVIEW OF LIBRARY MATERIAL. (a) Not
later than three weeks after the date on which the agency receives a
referral from the board under Section 35.152(a)(3), the agency
shall review the library material referred to the agency and direct
the board to add the material to:
(1) if the agency makes the determination described by
Section 35.152(a)(1), the list of approved material described by
that subdivision; or
(2) if the agency makes the determination described by
Section 35.152(a)(2), the list of rejected material described by
that subdivision.
(b) If the agency determines that a library material is
appropriate for use by students in some grade levels but not all
grade levels, the agency may direct the board to add the material to
both the list of approved material for the grade levels for which
the material was approved and the list of rejected material for the
grade levels for which the material was rejected.
(c) If the board has adopted criteria for the review of
library material under Section 35.152(c), the agency shall use the
adopted criteria to complete the agency's review under this
section.
Sec. 35.154. USE OF CERTAIN LIBRARY MATERIAL PROHIBITED. 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 any library material on:
(1) the list of library material for which a request
for review is pending under Section 35.151(b), if the student is in
a grade level for which the material is under review; or
(2) the list of rejected material described by Section
35.152(a)(2), if the student is in a grade level for which the
material was rejected.
Sec. 35.155. RULES. (a) The board may adopt rules as
necessary to implement a provision of this subchapter that the
board is responsible for implementing.
(b) The commissioner may adopt rules as necessary to
implement a provision of this subchapter that the commissioner or
agency is responsible for implementing.
SECTION 8. Not later than January 1, 2026, the State Board
of Education shall develop and make available on the board's
Internet website the form on which a parent of a student enrolled in
a school district or open-enrollment charter school may submit a
request for review of library material as required by Section
35.151, Education Code, as added by this Act.
SECTION 9. This Act takes effect September 1, 2025.