Texas 2025 - 89th Regular

Texas House Bill HB4198 Compare Versions

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

Old	New	Differences
1	1	89R12116 RAL-F
2	2	By: Richardson H.B. No. 4198
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the standards for a school district's library
10	10	collection development policies; providing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 33.021, Education Code, is amended by
13	13	amending Subsections (a) and (d) and adding Subsections (e), (f),
14	14	(g), (h), and (i) to read as follows:
15	15	(a) In this section:
16	16	(1) "Harmful material" has the meaning assigned by
17	17	Section 43.24, Penal Code.
18	18	(2) "Indecent content" means content that portrays
19	19	sexual or excretory organs or activities in a way that is patently
20	20	offensive.
21	21	(3) "Profane content" means content that includes
22	22	grossly offensive language that is considered a public nuisance.
23	23	(4) "Sexually [, "sexually] explicit material" means
24	24	any communication, language, or material, including a written
25	25	description, illustration, photographic image, video image, or
26	26	audio file, other than library material directly related to the
27	27	curriculum required under Section 28.002(a), that describes,
28	28	depicts, or portrays sexual conduct, as defined by Section 43.25,
29	29	Penal Code, in a way that is patently offensive, as defined by
30	30	Section 43.21, Penal Code.
31	31	(d) The standards adopted under Subsection (c) must:
32	32	(1) be reviewed and updated at least once every five
33	33	years; and
34	34	(2) include a collection development policy that:
35	35	(A) prohibits the possession, acquisition, and
36	36	purchase of:
37	37	(i) harmful material[, as defined by
38	38	Section 43.24, Penal Code];
39	39	(ii) library material rated sexually
40	40	explicit material by the selling library material vendor; [or]
41	41	(iii) sexually explicit material [library
42	42	material that is pervasively vulgar or educationally unsuitable as
43	43	referenced in Pico v. Board of Education, 457 U.S. 853 (1982)]; or
44	44	(iv) library material containing indecent
45	45	or profane content;
46	46	(B) recognizes that obscene content is not
47	47	protected by the First Amendment to the United States Constitution;
48	48	(C) is required for all library materials
49	49	available for use or display, including material contained in
50	50	school libraries, classroom libraries, and online catalogs;
51	51	(D) recognizes that parents are the primary
52	52	decision makers regarding a student's access to library material;
53	53	(E) requires [encourages] schools to provide
54	54	library catalog transparency;
55	55	(F) requires [recommends] schools communicate
56	56	effectively with parents regarding collection development; [and]
57	57	(G) prohibits the removal of material based
58	58	solely on the:
59	59	(i) ideas contained in the material; or
60	60	(ii) personal background of:
61	61	(a) the author of the material; or
62	62	(b) characters in the material;
63	63	(H) recognizes that a school district is
64	64	responsible for identifying and removing materials prohibited
65	65	under Paragraph (A); and
66	66	(I) recognizes that a resident of a school
67	67	district has the right to challenge the inclusion of library
68	68	material in the district's library catalog if the resident believes
69	69	the material:
70	70	(i) is prohibited under Paragraph (A); or
71	71	(ii) does not adhere to prevailing
72	72	community standards for minors.
73	73	(e) A committee established by a school district to review a
74	74	challenge to the inclusion of a library material in the district's
75	75	library catalog:
76	76	(1) must use the standards adopted under Subsection
77	77	(c) to review the material; and
78	78	(2) is subject to Chapter 551, Government Code.
79	79	(f) A school district that violates this section or a school
80	80	district whose employee violates the district's library collection
81	81	development policies developed in accordance with this section is
82	82	liable to the state for a civil penalty in an amount not to exceed
83	83	$10,000 for each violation. The attorney general may investigate
84	84	any alleged violation of this section and may sue to collect the
85	85	civil penalty described by this subsection.
86	86	(g) A suit or petition under Subsection (f) may be filed in a
87	87	district court in:
88	88	(1) Travis County; or
89	89	(2) a county in which the principal office of the
90	90	school district is located.
91	91	(h) The attorney general may recover reasonable expenses
92	92	incurred in obtaining relief under this section, including court
93	93	costs, reasonable attorney's fees, investigative costs, witness
94	94	fees, and deposition costs.
95	95	(i) Sovereign immunity to suit is waived and abolished to
96	96	the extent of liability created by this section.
97	97	SECTION 2. It is the intent of the legislature that every
98	98	provision, section, subsection, sentence, clause, phrase, or word
99	99	in this Act, and every application of the provisions in this Act to
100	100	every person, group of persons, or circumstances, is severable from
101	101	each other. If any application of any provision in this Act to any
102	102	person, group of persons, or circumstances is found by a court to be
103	103	invalid for any reason, the remaining applications of that
104	104	provision to all other persons and circumstances shall be severed
105	105	and may not be affected.
106	106	SECTION 3. Not later than the beginning of the 2025-2026
107	107	school year, the Texas State Library and Archives Commission shall
108	108	adopt the standards for school library collection development as
109	109	required under Section 33.021, Education Code, as amended by this
110	110	Act.
111	111	SECTION 4. To the extent of any conflict, this Act prevails
112	112	over another Act of the 89th Legislature, Regular Session, 2025,
113	113	relating to nonsubstantive additions to and corrections in enacted
114	114	codes.
115	115	SECTION 5. This Act applies beginning with the 2025-2026
116	116	school year.
117	117	SECTION 6. This Act takes effect immediately if it receives
118	118	a vote of two-thirds of all the members elected to each house, as
119	119	provided by Section 39, Article III, Texas Constitution. If this
120	120	Act does not receive the vote necessary for immediate effect, this
121	121	Act takes effect September 1, 2025.