89R5970 PRL-D
By: Schatzline H.B. No. 4056
A BILL TO BE ENTITLED
AN ACT
relating to school district policies regarding the selection,
removal, and replacement of library materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 33, Education Code, is
amended by adding Section 33.020 to read as follows:
Sec. 33.020. DEFINITIONS. In this subchapter:
(1) "Harmful material" has the meaning assigned by
Section 43.24, Penal Code.
(2) "Library material" means any electronic, print, or
nonprint resource, excluding a textbook, for independent use by a
student or faculty member outside of a school district's core
educational program.
SECTION 2. Section 33.021(d), Education Code, is amended to
read as follows:
(d) The standards adopted under Subsection (c) must:
(1) be reviewed and updated at least once every five
years; and
(2) include a collection development policy that:
(A) prohibits the possession, acquisition, and
purchase of:
(i) harmful material[, as defined by
Section 43.24, Penal Code];
(ii) library material rated sexually
explicit material by the selling library material vendor; or
(iii) library material that is pervasively
vulgar or educationally unsuitable as referenced in Board of
Education v. Pico [v. Board of Education], 457 U.S. 853 (1982);
(B) recognizes that obscene content is not
protected by the First Amendment to the United States Constitution;
(C) is required for all library materials
available for use or display, including material contained in
school libraries, classroom libraries, and online catalogs;
(D) recognizes that parents are the primary
decision makers regarding a student's access to library material;
(E) encourages schools to provide library
catalog transparency;
(F) recommends schools communicate effectively
with parents regarding collection development; [and]
(G) prohibits the removal of material based
solely on the:
(i) ideas contained in the material; or
(ii) personal background of:
(a) the author of the material; or
(b) characters in the material; and
(H) demonstrates a commitment to compliance with
the Children's Internet Protection Act (Pub. L. No. 106-554),
including through the use of technology protection measures, as
defined by that Act.
SECTION 3. Subchapter B, Chapter 33, Education Code, is
amended by adding Sections 33.023, 33.024, 33.025, and 33.026 to
read as follows:
Sec. 33.023. SELECTION CRITERIA. (a) A district-level
library supervisor or designated administrator shall work
cooperatively with the school district's library staff, faculty,
and administration to interpret and guide the district's
application of the standards adopted under Section 33.021(c) in
selecting a library material.
(b) To ensure parental engagement, a school district shall
make the selection process of a library material readily available
for parental review by:
(1) posting a list of each library material on the
district's Internet website; and
(2) making the content of each library material
available for direct review during reasonable hours specified for
that purpose.
(c) A library material selected by a school district must:
(1) support and enrich the curriculum or students'
personal interests and learning;
(2) meet high standards in:
(A) literary, artistic, and aesthetic quality;
(B) technical aspects; and
(C) physical format;
(3) be appropriate for the subject area and for the
age, intellectual development, and ability level of the students
for whom the material is selected;
(4) for a nonfiction resource, incorporate accurate
and authentic factual content from authoritative sources;
(5) earn favorable reviews in standard reviewing
sources or favorable recommendations based on preview and
examination of materials by professionals; and
(6) balance cost with need.
(d) In addition to the criteria described in Subsection (c),
a school district must determine that fiction, narrative
nonfiction, and graphic novels:
(1) are integral to the district's instructional
program;
(2) reflect the interests and needs of students and
faculty;
(3) are appropriate for the reading levels and
understanding of students;
(4) should be included because of their literary or
artistic value and merit; and
(5) if narrative nonfiction, present information with
the greatest degree of accuracy and clarity.
(e) A district-level library supervisor or designated
administrator must read, review, and recommend for inclusion in the
school district's collection any library material before that
material may be selected for inclusion in the district's
collection. If the district requires more support or resources for
a review of a library material under this subsection, the
district's board of trustees may approve the engagement of a
cooperative of other school districts in this state and rely on the
cooperative's recommendations.
Sec. 33.024. CHALLENGE PROCEDURES. (a) Subject to
Subsection (k), a parent of a student enrolled in a school district
or any person who resides within the district may challenge a
library material used in the district's educational program on the
basis of appropriateness.
(b) A school district receiving a complaint regarding the
appropriateness of a library material shall attempt to resolve the
matter informally through a telephone conference or meeting between
the complainant and the school librarian, designated
administrator, or district-level library supervisor. The
conference may include other staff members whom district-level
library personnel consider necessary.
(c) If a complainant wishes to request that the school
district reconsider the selection of a library material by the
district, the district-level library supervisor or appropriate
administrator shall provide the complainant with an appropriate
form. The complainant shall:
(1) include all applicable concerns regarding the
library material on the form; and
(2) submit the completed and signed form to a
district-level library supervisor or designated administrator.
(d) Not later than the 10th business day after the date of
receipt of a form requesting reconsideration submitted under
Subsection (c), a district-level library supervisor or designated
administrator shall appoint a reconsideration committee to review
whether the challenged library material conforms to the standards
adopted under Section 33.021(c).
(e) The reconsideration committee appointed under
Subsection (d) must include district- and campus-level
professional staff, including at least one member who has
experience using the challenged material with students or who is
familiar with the challenged material's content, and two parents of
students. The school district superintendent or the
superintendent's designee shall chair the committee. The total
voting committee membership may not be an even number. The
complainant is ineligible for membership on the reconsideration
committee, but the committee shall thoughtfully consider the
concerns expressed by the complainant on the reconsideration form.
(f) Before a meeting of a reconsideration committee
appointed under Subsection (d), each member of the committee shall:
(1) read a copy of the challenged library material;
(2) review the written submission made by the
complainant; and
(3) review all items on any checklist for
reconsideration of a library material that the school district has
adopted.
(g) After working through the checklist for consideration
of a library material and any deliberations the reconsideration
committee considers necessary, the committee members shall vote to
adopt a determination on the disposition of the challenged library
material. The major criterion for the determination is the
appropriateness of the resource for the material's intended
educational use. A determination of appropriateness must include a
review of and compliance with:
(1) 47 U.S.C. Section 254(h)(5); and
(2) Section 43.24, Penal Code.
(h) A determination made by the reconsideration committee
under Subsection (g) must be written and dated. The appropriate
district-level administrator shall:
(1) provide the complainant with a copy of the
determination not later than the 10th business day after the date of
the determination; and
(2) notify all other appropriate staff members of the
determination.
(i) A challenged library material that the reconsideration
committee determines is appropriate may not be reconsidered before
the first anniversary of the date of a determination under
Subsection (g), and any library material removed is ineligible for
consideration to be added to the school district's collection
before the 10th anniversary of the date of the material's removal.
The school district shall verify any previous determination before
convening a reconsideration committee.
(j) A complainant may appeal the determination of a
reconsideration committee by filing the appropriate school
district grievance form.
(k) Challenges to a library material provided through the
TexQuest program must follow the Texas State Library and Archives
Commission's TexQuest content review process.
Sec. 33.025. OPPORTUNITY FOR PARENT REVIEW. (a) In
recognizing that parents hold an essential role in the education of
their children and have the right to guide what their children read,
each library in a school district shall maintain onsite and on the
library's Internet website a printed list of each library material
selected for inclusion in the district's collection and each
library material slated for acquisition.
(b) The school district superintendent or a designated
district-level administrator shall offer a preview to parents of
students in the district at least 10 days before the date on which
books are to be placed on the shelves, once in the fall and once in
the spring. On request of a parent of a student, audiovisual
materials must be made available to the parent for in-person review
on the same basis as printed materials.
Sec. 33.026. OTHER PARENTAL CONSIDERATIONS. (a) In a
school district library, students are afforded the opportunity to
self-select texts as part of literacy development. While
librarians are trained in selecting materials in accordance with
board policy and the outlined selection criteria and may provide
guidance to students in selecting texts, the ultimate determination
of appropriateness lies with the student and parent.
(b) School librarians or designated administrators shall
encourage parents to share any considerations regarding their
children's book selections. Parents may contact the campus
librarian directly or complete an online form for library book
opt-out decisions. School librarians shall accommodate individual
requests by parents, within reason, which may include restricting
specific titles or books.
SECTION 4. This Act applies beginning with the 2025-2026
school year.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. 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.