Texas 2025 - 89th Regular

Texas House Bill HB3160 Compare Versions

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

Old	New	Differences
1	1	89R9333 AMF-F
2	2	By: Toth H.B. No. 3160
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to Internet safety and technology protection policies in
10	10	public schools and libraries.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 38, Education Code, is
13	13	amended by adding Section 38.0233 to read as follows:
14	14	Sec. 38.0233. INTERNET SAFETY AND TECHNOLOGY PROTECTION
15	15	POLICY. (a) The board of trustees of a school district or the
16	16	governing body of an open-enrollment charter school shall adopt an
17	17	Internet safety and technology protection policy to protect a
18	18	student accessing the Internet or using online instructional
19	19	materials, technology, subscriptions, or other online resources or
20	20	services, including online school library resources or
21	21	subscriptions. The policy must:
22	22	(1) require the district or school to comply with the
23	23	Children's Internet Protection Act (Pub. L. No. 106-554);
24	24	(2) require a vendor of online instructional
25	25	materials, technology, subscriptions, or other online resources or
26	26	services purchased by the district or school for access or use by a
27	27	student to certify compliance with the federal prohibition against
28	28	the transfer of obscene materials to minors under 18 U.S.C. Section
29	29	1470 and the sale, distribution, or display of harmful material to a
30	30	minor under Section 43.24, Penal Code; and
31	31	(3) create a procedure that allows the public to:
32	32	(A) report concerns related to access of the
33	33	Internet or use of online instructional materials, technology,
34	34	subscriptions, or other online resources or services by district or
35	35	school students; and
36	36	(B) receive a response to those concerns from the
37	37	district or school.
38	38	(b) A school district or open-enrollment charter school
39	39	shall annually submit a report to the agency regarding concerns
40	40	reported to the district or school under the procedure developed
41	41	under Subsection (a)(3). The agency shall annually publish the
42	42	reports received under this section for each district or school on
43	43	the agency's Internet website.
44	44	(c) A school district, an open-enrollment charter school,
45	45	and the agency shall use all available legal and contractual
46	46	enforcement options to ensure compliance with this section.
47	47	Notwithstanding any other law, the commissioner shall withhold from
48	48	a school district or open-enrollment charter school that is not in
49	49	compliance with Subsections (a) and (b) the district's or school's
50	50	entitlement under Chapters 46 and 48 until the district or school
51	51	comes into compliance.
52	52	(d) The commissioner shall adopt rules as necessary to
53	53	implement this section.
54	54	SECTION 2. Chapter 441, Government Code, is amended by
55	55	adding Subchapter O to read as follows:
56	56	SUBCHAPTER O. INTERNET SAFETY AND TECHNOLOGY PROTECTION POLICY
57	57	Sec. 441.251. DEFINITION. In this subchapter, "public
58	58	library" has the meaning assigned by Section 441.122.
59	59	Sec. 441.252. INTERNET SAFETY AND TECHNOLOGY PROTECTION
60	60	POLICY. (a) A public library shall adopt an Internet safety and
61	61	technology protection policy to protect a minor accessing the
62	62	Internet or online library resources or services, including
63	63	subscriptions. The policy must:
64	64	(1) require the library to comply with the Children's
65	65	Internet Protection Act (Pub. L. No. 106-554);
66	66	(2) require a vendor of online resources or services
67	67	purchased by the library for access or use by a minor to certify
68	68	compliance with the federal prohibition against the transfer of
69	69	obscene materials to minors under 18 U.S.C. Section 1470 and the
70	70	sale, distribution, or display of harmful material to a minor under
71	71	Section 43.24, Penal Code; and
72	72	(3) create a procedure for the public to:
73	73	(A) report concerns related to a minor's access
74	74	of the Internet or use of online library resources or services
75	75	through the library; and
76	76	(B) receive a response to those concerns from the
77	77	library.
78	78	(b) A public library shall annually submit a report to the
79	79	commission regarding concerns reported to the library under the
80	80	procedure developed under Subsection (a)(3). The commission shall
81	81	annually publish the reports received under this section for each
82	82	public library on the commission's Internet website.
83	83	(c) A public library and the commission shall use all
84	84	available legal and contractual enforcement options to ensure
85	85	compliance with this section. A public library not in compliance
86	86	with Subsections (a) and (b) is ineligible for state funding.
87	87	(d) The commission shall adopt rules as necessary to
88	88	implement this section.
89	89	SECTION 3. As soon as practicable after the effective date
90	90	of this Act:
91	91	(1) each school district and open-enrollment charter
92	92	school shall adopt an Internet safety and technology protection
93	93	policy as required by Section 38.0233, Education Code, as added by
94	94	this Act; and
95	95	(2) each public library shall adopt an Internet safety
96	96	and technology protection policy as required by Section 411.252,
97	97	Government Code, as added by this Act.
98	98	SECTION 4. As soon as practicable after the effective date
99	99	of this Act:
100	100	(1) the commissioner of education shall adopt rules
101	101	for the administration of Section 38.0233, Education Code, as added
102	102	by this Act; and
103	103	(2) The Texas State Library and Archives Commission
104	104	shall adopt rules for the administration of Section 411.252,
105	105	Government Code, as added by this Act.
106	106	SECTION 5. This Act takes effect September 1, 2025.