| 1 | 1 | | 89R13855 RAL-D |
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| 2 | 2 | | By: Isaac H.B. No. 3690 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a review of library materials included in public school |
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| 10 | 10 | | libraries; providing a civil penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 35, Education Code, is amended by adding |
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| 13 | 13 | | Section 35.0061 to read as follows: |
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| 14 | 14 | | Sec. 35.0061. REVIEW OF LIBRARY MATERIAL. (a) Each school |
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| 15 | 15 | | district and open-enrollment charter school shall adopt a policy |
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| 16 | 16 | | under which any resident of this state may request a review of |
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| 17 | 17 | | library material in the catalog of a district or school library to |
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| 18 | 18 | | ensure compliance with state law and district or school policies. |
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| 19 | 19 | | (b) A review of library materials under this section must be |
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| 20 | 20 | | conducted: |
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| 21 | 21 | | (1) in addition to any review a school district or |
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| 22 | 22 | | open-enrollment charter school conducts in accordance with Section |
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| 23 | 23 | | 35.006; and |
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| 24 | 24 | | (2) by the board of trustees of the school district or |
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| 25 | 25 | | the governing body of the open-enrollment charter school. |
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| 26 | 26 | | (c) A policy adopted under Subsection (a) must require the |
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| 27 | 27 | | board of trustees of a school district or the governing body of an |
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| 28 | 28 | | open-enrollment charter school to make a determination regarding |
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| 29 | 29 | | the library material at a public meeting not later than the sum of: |
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| 30 | 30 | | (1) the 30th day after the date the request is made; |
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| 31 | 31 | | and |
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| 32 | 32 | | (2) seven days for each library material requested to |
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| 33 | 33 | | be reviewed after the first. |
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| 34 | 34 | | (d) Each school district and open enrollment charter school |
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| 35 | 35 | | shall post on the district's or school's Internet website: |
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| 36 | 36 | | (1) the policy adopted under Subsection (a); and |
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| 37 | 37 | | (2) the determination for each review conducted under |
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| 38 | 38 | | this section. |
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| 39 | 39 | | (e) A member of the board of trustees of a school district or |
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| 40 | 40 | | governing body of an open-enrollment charter school who fails to |
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| 41 | 41 | | conduct a review as required by this section is liable to the state |
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| 42 | 42 | | for a civil penalty in an amount not to exceed $500 for each |
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| 43 | 43 | | violation. |
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| 44 | 44 | | SECTION 2. As soon as practicable after the effective date |
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| 45 | 45 | | of this Act, each school district and open-enrollment charter |
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| 46 | 46 | | school shall adopt the policy for the review of library materials |
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| 47 | 47 | | required by Section 35.0061, Education Code, as added by this Act. |
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| 48 | 48 | | SECTION 3. This Act applies beginning with the 2025-2026 |
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| 49 | 49 | | school year. |
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| 50 | 50 | | SECTION 4. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2025. |
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