Texas 2025 - 89th Regular

Texas House Bill HB183 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1386 TSS-D
2	2	By: Patterson H.B. No. 183
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation and the review of certain library
10	10	materials included in public school libraries.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 35, Education Code, is amended by
13	13	designating Section 35.001 as Subchapter A and adding a subchapter
14	14	heading to read as follows:
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	SECTION 2. Section 35.001, Education Code, is amended by
17	17	amending Subdivision (1) and adding Subdivision (1-a) to read as
18	18	follows:
19	19	(1) "Board" means the State Board of Education.
20	20	(1-a) "Library material vendor" includes any entity
21	21	that sells library material to a public primary or secondary school
22	22	in this state.
23	23	SECTION 3. Chapter 35, Education Code, is amended by
24	24	designating Sections 35.002, 35.0021, 35.003, 35.004, 35.005,
25	25	35.006, 35.007, and 35.008 as Subchapter B and adding a subchapter
26	26	heading to read as follows:
27	27	SUBCHAPTER B. LIBRARY MATERIAL RATINGS
28	28	SECTION 4. Section 35.004, Education Code, is amended to
29	29	read as follows:
30	30	Sec. 35.004. LIABILITY. A school district or
31	31	open-enrollment charter school or a teacher, librarian, or other
32	32	staff member employed by a district or school is not liable for any
33	33	claim or damage resulting from a library material vendor's
34	34	violation of this subchapter [chapter].
35	35	SECTION 5. Section 35.007, Education Code, is amended to
36	36	read as follows:
37	37	Sec. 35.007. RULES. The commissioner may adopt rules as
38	38	necessary to administer this subchapter [chapter].
39	39	SECTION 6. Section 35.008, Education Code, is amended to
40	40	read as follows:
41	41	Sec. 35.008. ASSISTANCE OF AGENCY. The agency may provide
42	42	assistance to school districts and open-enrollment charter schools
43	43	in complying with this subchapter [chapter].
44	44	SECTION 7. Chapter 35, Education Code, is amended by adding
45	45	Subchapter C to read as follows:
46	46	SUBCHAPTER C. STATE REVIEW OF LIBRARY MATERIAL
47	47	Sec. 35.151. PARENTAL REQUEST FOR REVIEW. (a) The board
48	48	shall develop and make available on the board's Internet website a
49	49	form that the parent of a student enrolled in a school district or
50	50	open-enrollment charter school in this state may use to submit a
51	51	request to the board to review library material in the catalog of
52	52	the district or school library that the parent believes:
53	53	(1) is inappropriate for use by students in one or more
54	54	of the grade levels for which the material is available; or
55	55	(2) contains sexually explicit material.
56	56	(b) The board shall maintain on the board's Internet website
57	57	a list of library material for which a request for review submitted
58	58	under Subsection (a) is pending. The list must specify the grade
59	59	levels for which the material is under review.
60	60	Sec. 35.152. BOARD REVIEW OF LIBRARY MATERIAL. (a) Not
61	61	later than three weeks after the date the board receives a request
62	62	for review of library material under Section 35.151, the board
63	63	shall review the library material and:
64	64	(1) if the board determines that the material is
65	65	appropriate for use by students in certain grade levels and does not
66	66	contain sexually explicit material, add the material to a list of
67	67	approved material maintained on the board's Internet website and
68	68	specify the grade levels for which the material was approved;
69	69	(2) if the board determines that the material is
70	70	inappropriate for use by students in certain grade levels or
71	71	contains sexually explicit material, add the material to a list of
72	72	rejected material maintained on the board's Internet website and
73	73	specify the grade levels for which the material was rejected; or
74	74	(3) if the board cannot make a determination under
75	75	Subdivision (1) or (2), refer the request for review to the agency
76	76	under Section 35.153.
77	77	(b) If the board determines that a library material is
78	78	appropriate for use by students in some grade levels but not all
79	79	grade levels, the board may add the material to both the list of
80	80	approved material for the grade levels for which the material was
81	81	approved and the list of rejected material for the grade levels for
82	82	which the material was rejected.
83	83	(c) The board may adopt criteria necessary for approval of
84	84	library material under this section.
85	85	Sec. 35.153. AGENCY REVIEW OF LIBRARY MATERIAL. (a) Not
86	86	later than three weeks after the date on which the agency receives a
87	87	referral from the board under Section 35.152(a)(3), the agency
88	88	shall review the library material referred to the agency and direct
89	89	the board to add the material to:
90	90	(1) if the agency makes the determination described by
91	91	Section 35.152(a)(1), the list of approved material described by
92	92	that subdivision; or
93	93	(2) if the agency makes the determination described by
94	94	Section 35.152(a)(2), the list of rejected material described by
95	95	that subdivision.
96	96	(b) If the agency determines that a library material is
97	97	appropriate for use by students in some grade levels but not all
98	98	grade levels, the agency may direct the board to add the material to
99	99	both the list of approved material for the grade levels for which
100	100	the material was approved and the list of rejected material for the
101	101	grade levels for which the material was rejected.
102	102	(c) If the board has adopted criteria for the review of
103	103	library material under Section 35.152(c), the agency shall use the
104	104	adopted criteria to complete the agency's review under this
105	105	section.
106	106	Sec. 35.154. USE OF CERTAIN LIBRARY MATERIAL PROHIBITED. A
107	107	school district or open-enrollment charter school may not allow a
108	108	student enrolled in the district or school to reserve, check out, or
109	109	otherwise use outside the school library any library material on:
110	110	(1) the list of library material for which a request
111	111	for review is pending under Section 35.151(b), if the student is in
112	112	a grade level for which the material is under review; or
113	113	(2) the list of rejected material described by Section
114	114	35.152(a)(2), if the student is in a grade level for which the
115	115	material was rejected.
116	116	Sec. 35.155. RULES. (a) The board may adopt rules as
117	117	necessary to implement a provision of this subchapter that the
118	118	board is responsible for implementing.
119	119	(b) The commissioner may adopt rules as necessary to
120	120	implement a provision of this subchapter that the commissioner or
121	121	agency is responsible for implementing.
122	122	SECTION 8. Not later than January 1, 2026, the State Board
123	123	of Education shall develop and make available on the board's
124	124	Internet website the form on which a parent of a student enrolled in
125	125	a school district or open-enrollment charter school may submit a
126	126	request for review of library material as required by Section
127	127	35.151, Education Code, as added by this Act.
128	128	SECTION 9. This Act takes effect September 1, 2025.