89R9385 KJE-D
By: Hopper H.B. No. 5021
A BILL TO BE ENTITLED
AN ACT
relating to the standards for public school library materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 Pico v. Board
of Education, 457 U.S. 853 (1982); or
(iv) library material included on the list
maintained by the Texas Department of Criminal Justice of
publications an inmate may not receive in a correctional facility;
(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.
SECTION 2. This Act applies beginning with the 2025-2026
school year.
SECTION 3. 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.