| 1 | 1 | | 89R3920 JDK-D |
|---|
| 2 | 2 | | By: Dutton H.B. No. 4354 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to access to certain public school library materials. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Chapter 35, Education Code, is amended by adding |
|---|
| 12 | 12 | | Section 35.0061 to read as follows: |
|---|
| 13 | 13 | | Sec. 35.0061. ACCESS TO CERTAIN LIBRARY MATERIALS. (a) In |
|---|
| 14 | 14 | | this section, "library material" means any book, record, file, or |
|---|
| 15 | 15 | | other instrument or document listed in a school district's or |
|---|
| 16 | 16 | | open-enrollment charter school's library catalog. |
|---|
| 17 | 17 | | (b) Notwithstanding any other provision of this chapter, a |
|---|
| 18 | 18 | | school district or open-enrollment charter school may not remove |
|---|
| 19 | 19 | | any library material from the district's or school's library |
|---|
| 20 | 20 | | catalog. Instead of removing library materials, each school |
|---|
| 21 | 21 | | district or open-enrollment charter school shall, in consultation |
|---|
| 22 | 22 | | with district or school parents, teachers, and administrators, |
|---|
| 23 | 23 | | adopt procedures to create a list of restricted access library |
|---|
| 24 | 24 | | materials. A library material rated as sexually relevant material |
|---|
| 25 | 25 | | under Section 35.002(a) must be included in the list of restricted |
|---|
| 26 | 26 | | access library materials. |
|---|
| 27 | 27 | | (c) A school district or open-enrollment charter school may |
|---|
| 28 | 28 | | not allow a student to access library materials designated as |
|---|
| 29 | 29 | | restricted access library materials under Subsection (b) in the |
|---|
| 30 | 30 | | catalog of a school library at the district or school unless the |
|---|
| 31 | 31 | | district or school first obtains written consent from the student's |
|---|
| 32 | 32 | | parent or person standing in parental relation to the student |
|---|
| 33 | 33 | | authorizing the student's access to that library material. |
|---|
| 34 | 34 | | SECTION 2. Section 35.005, Education Code, is repealed. |
|---|
| 35 | 35 | | SECTION 3. This Act applies beginning with the 2025-2026 |
|---|
| 36 | 36 | | school year. |
|---|
| 37 | 37 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 41 | 41 | | Act takes effect September 1, 2025. |
|---|