| 1 | 1 | | 89R9385 KJE-D |
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| 2 | 2 | | By: Hopper H.B. No. 5021 |
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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 the standards for public school library materials. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 33.021(d), Education Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (d) The standards adopted under Subsection (c) must: |
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| 14 | 14 | | (1) be reviewed and updated at least once every five |
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| 15 | 15 | | years; and |
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| 16 | 16 | | (2) include a collection development policy that: |
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| 17 | 17 | | (A) prohibits the possession, acquisition, and |
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| 18 | 18 | | purchase of: |
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| 19 | 19 | | (i) harmful material, as defined by Section |
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| 20 | 20 | | 43.24, Penal Code; |
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| 21 | 21 | | (ii) library material rated sexually |
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| 22 | 22 | | explicit material by the selling library material vendor; [or] |
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| 23 | 23 | | (iii) library material that is pervasively |
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| 24 | 24 | | vulgar or educationally unsuitable as referenced in Pico v. Board |
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| 25 | 25 | | of Education, 457 U.S. 853 (1982); or |
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| 26 | 26 | | (iv) library material included on the list |
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| 27 | 27 | | maintained by the Texas Department of Criminal Justice of |
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| 28 | 28 | | publications an inmate may not receive in a correctional facility; |
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| 29 | 29 | | (B) recognizes that obscene content is not |
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| 30 | 30 | | protected by the First Amendment to the United States Constitution; |
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| 31 | 31 | | (C) is required for all library materials |
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| 32 | 32 | | available for use or display, including material contained in |
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| 33 | 33 | | school libraries, classroom libraries, and online catalogs; |
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| 34 | 34 | | (D) recognizes that parents are the primary |
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| 35 | 35 | | decision makers regarding a student's access to library material; |
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| 36 | 36 | | (E) encourages schools to provide library |
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| 37 | 37 | | catalog transparency; |
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| 38 | 38 | | (F) recommends schools communicate effectively |
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| 39 | 39 | | with parents regarding collection development; and |
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| 40 | 40 | | (G) prohibits the removal of material based |
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| 41 | 41 | | solely on the: |
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| 42 | 42 | | (i) ideas contained in the material; or |
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| 43 | 43 | | (ii) personal background of: |
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| 44 | 44 | | (a) the author of the material; or |
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| 45 | 45 | | (b) characters in the material. |
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| 46 | 46 | | SECTION 2. This Act applies beginning with the 2025-2026 |
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| 47 | 47 | | school year. |
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| 48 | 48 | | SECTION 3. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2025. |
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