89R9333 AMF-F
By: Toth H.B. No. 3160
A BILL TO BE ENTITLED
AN ACT
relating to Internet safety and technology protection policies in
public schools and libraries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0233 to read as follows:
Sec. 38.0233. INTERNET SAFETY AND TECHNOLOGY PROTECTION
POLICY. (a) The board of trustees of a school district or the
governing body of an open-enrollment charter school shall adopt an
Internet safety and technology protection policy to protect a
student accessing the Internet or using online instructional
materials, technology, subscriptions, or other online resources or
services, including online school library resources or
subscriptions. The policy must:
(1) require the district or school to comply with the
Children's Internet Protection Act (Pub. L. No. 106-554);
(2) require a vendor of online instructional
materials, technology, subscriptions, or other online resources or
services purchased by the district or school for access or use by a
student to certify compliance with the federal prohibition against
the transfer of obscene materials to minors under 18 U.S.C. Section
1470 and the sale, distribution, or display of harmful material to a
minor under Section 43.24, Penal Code; and
(3) create a procedure that allows the public to:
(A) report concerns related to access of the
Internet or use of online instructional materials, technology,
subscriptions, or other online resources or services by district or
school students; and
(B) receive a response to those concerns from the
district or school.
(b) A school district or open-enrollment charter school
shall annually submit a report to the agency regarding concerns
reported to the district or school under the procedure developed
under Subsection (a)(3). The agency shall annually publish the
reports received under this section for each district or school on
the agency's Internet website.
(c) A school district, an open-enrollment charter school,
and the agency shall use all available legal and contractual
enforcement options to ensure compliance with this section.
Notwithstanding any other law, the commissioner shall withhold from
a school district or open-enrollment charter school that is not in
compliance with Subsections (a) and (b) the district's or school's
entitlement under Chapters 46 and 48 until the district or school
comes into compliance.
(d) The commissioner shall adopt rules as necessary to
implement this section.
SECTION 2. Chapter 441, Government Code, is amended by
adding Subchapter O to read as follows:
SUBCHAPTER O. INTERNET SAFETY AND TECHNOLOGY PROTECTION POLICY
Sec. 441.251. DEFINITION. In this subchapter, "public
library" has the meaning assigned by Section 441.122.
Sec. 441.252. INTERNET SAFETY AND TECHNOLOGY PROTECTION
POLICY. (a) A public library shall adopt an Internet safety and
technology protection policy to protect a minor accessing the
Internet or online library resources or services, including
subscriptions. The policy must:
(1) require the library to comply with the Children's
Internet Protection Act (Pub. L. No. 106-554);
(2) require a vendor of online resources or services
purchased by the library for access or use by a minor to certify
compliance with the federal prohibition against the transfer of
obscene materials to minors under 18 U.S.C. Section 1470 and the
sale, distribution, or display of harmful material to a minor under
Section 43.24, Penal Code; and
(3) create a procedure for the public to:
(A) report concerns related to a minor's access
of the Internet or use of online library resources or services
through the library; and
(B) receive a response to those concerns from the
library.
(b) A public library shall annually submit a report to the
commission regarding concerns reported to the library under the
procedure developed under Subsection (a)(3). The commission shall
annually publish the reports received under this section for each
public library on the commission's Internet website.
(c) A public library and the commission shall use all
available legal and contractual enforcement options to ensure
compliance with this section. A public library not in compliance
with Subsections (a) and (b) is ineligible for state funding.
(d) The commission shall adopt rules as necessary to
implement this section.
SECTION 3. As soon as practicable after the effective date
of this Act:
(1) each school district and open-enrollment charter
school shall adopt an Internet safety and technology protection
policy as required by Section 38.0233, Education Code, as added by
this Act; and
(2) each public library shall adopt an Internet safety
and technology protection policy as required by Section 411.252,
Government Code, as added by this Act.
SECTION 4. As soon as practicable after the effective date
of this Act:
(1) the commissioner of education shall adopt rules
for the administration of Section 38.0233, Education Code, as added
by this Act; and
(2) The Texas State Library and Archives Commission
shall adopt rules for the administration of Section 411.252,
Government Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2025.