89R13855 RAL-D
By: Isaac H.B. No. 3690
A BILL TO BE ENTITLED
AN ACT
relating to a review of library materials included in public school
libraries; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 35, Education Code, is amended by adding
Section 35.0061 to read as follows:
Sec. 35.0061. REVIEW OF LIBRARY MATERIAL. (a) Each school
district and open-enrollment charter school shall adopt a policy
under which any resident of this state may request a review of
library material in the catalog of a district or school library to
ensure compliance with state law and district or school policies.
(b) A review of library materials under this section must be
conducted:
(1) in addition to any review a school district or
open-enrollment charter school conducts in accordance with Section
35.006; and
(2) by the board of trustees of the school district or
the governing body of the open-enrollment charter school.
(c) A policy adopted under Subsection (a) must require the
board of trustees of a school district or the governing body of an
open-enrollment charter school to make a determination regarding
the library material at a public meeting not later than the sum of:
(1) the 30th day after the date the request is made;
and
(2) seven days for each library material requested to
be reviewed after the first.
(d) Each school district and open enrollment charter school
shall post on the district's or school's Internet website:
(1) the policy adopted under Subsection (a); and
(2) the determination for each review conducted under
this section.
(e) A member of the board of trustees of a school district or
governing body of an open-enrollment charter school who fails to
conduct a review as required by this section is liable to the state
for a civil penalty in an amount not to exceed $500 for each
violation.
SECTION 2. As soon as practicable after the effective date
of this Act, each school district and open-enrollment charter
school shall adopt the policy for the review of library materials
required by Section 35.0061, Education Code, as added by this Act.
SECTION 3. This Act applies beginning with the 2025-2026
school year.
SECTION 4. 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.