89R3920 JDK-D
By: Dutton H.B. No. 4354
A BILL TO BE ENTITLED
AN ACT
relating to access to certain public school library materials.
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. ACCESS TO CERTAIN LIBRARY MATERIALS. (a) In
this section, "library material" means any book, record, file, or
other instrument or document listed in a school district's or
open-enrollment charter school's library catalog.
(b) Notwithstanding any other provision of this chapter, a
school district or open-enrollment charter school may not remove
any library material from the district's or school's library
catalog. Instead of removing library materials, each school
district or open-enrollment charter school shall, in consultation
with district or school parents, teachers, and administrators,
adopt procedures to create a list of restricted access library
materials. A library material rated as sexually relevant material
under Section 35.002(a) must be included in the list of restricted
access library materials.
(c) A school district or open-enrollment charter school may
not allow a student to access library materials designated as
restricted access library materials under Subsection (b) in the
catalog of a school library at the district or school unless the
district or school first obtains written consent from the student's
parent or person standing in parental relation to the student
authorizing the student's access to that library material.
SECTION 2. Section 35.005, Education Code, is repealed.
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.