Texas 2025 - 89th Regular

Texas House Bill HB5485 Compare Versions

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

Old	New	Differences
1	1	89R17426 RAL-F
2	2	By: Money H.B. No. 5485
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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), (i), and (j) 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) "Profane content" means content that includes
19	19	grossly offensive language that is considered a public nuisance.
20	20	(3) "Sexually [, "sexually] explicit material" means
21	21	any communication, language, or material, including a written
22	22	description, illustration, photographic image, video image, or
23	23	audio file, other than library material directly related to the
24	24	curriculum required under Section 28.002(a), that describes,
25	25	depicts, or portrays sexual conduct, as defined by Section 43.25,
26	26	Penal Code, in a way that is patently offensive, as defined by
27	27	Section 43.21, Penal Code.
28	28	(d) The standards adopted under Subsection (c) must:
29	29	(1) be reviewed and updated at least once every five
30	30	years; and
31	31	(2) include a collection development policy that:
32	32	(A) prohibits the possession, acquisition, and
33	33	purchase of:
34	34	(i) harmful material[, as defined by
35	35	Section 43.24, Penal Code];
36	36	(ii) library material rated sexually
37	37	explicit material by the selling library material vendor; [or]
38	38	(iii) library material that is pervasively
39	39	vulgar or educationally unsuitable as referenced in Board of
40	40	Education v. Pico [v. Board of Education], 457 U.S. 853 (1982);
41	41	(iv) sexually explicit material; or
42	42	(v) library material containing profane
43	43	content;
44	44	(B) recognizes that obscene content is not
45	45	protected by the First Amendment to the United States Constitution;
46	46	(C) is required for all library materials
47	47	available for use or display, including material contained in
48	48	school libraries, classroom libraries, and online catalogs;
49	49	(D) recognizes that parents are the primary
50	50	decision makers regarding a student's access to library material;
51	51	(E) requires [encourages] schools to provide
52	52	library catalog transparency;
53	53	(F) requires [recommends] schools communicate
54	54	effectively with parents regarding collection development; [and]
55	55	(G) prohibits the removal of material based
56	56	solely on the:
57	57	(i) ideas contained in the material; or
58	58	(ii) personal background of:
59	59	(a) the author of the material; or
60	60	(b) characters in the material;
61	61	(H) recognizes that a school district is
62	62	responsible for identifying and removing materials prohibited
63	63	under Paragraph (A); and
64	64	(I) recognizes that a resident of a school
65	65	district has the right to challenge the inclusion of library
66	66	material in the district's library catalog if the resident believes
67	67	the material:
68	68	(i) is prohibited under Paragraph (A); or
69	69	(ii) does not adhere to prevailing
70	70	community standards for minors.
71	71	(e) For purposes of a school district's library collection
72	72	development policies, the State Board of Education shall establish
73	73	specific criteria for school districts to use to determine whether
74	74	library material is educationally unsuitable as described by
75	75	Subsection (d)(2)(A)(iii).
76	76	(f) A committee established by a school district to review a
77	77	challenge to the inclusion of a library material in the district's
78	78	library catalog:
79	79	(1) must use the standards adopted under Subsection
80	80	(c) to review the material; and
81	81	(2) is subject to Chapter 551, Government Code.
82	82	(g) A school district that violates this section or a school
83	83	district whose employee violates the district's library collection
84	84	development policies developed in accordance with this section is
85	85	liable to the state for a civil penalty in an amount not to exceed
86	86	$10,000 for each violation. The attorney general may investigate
87	87	any alleged violation of this section and may sue to collect the
88	88	civil penalty described by this subsection.
89	89	(h) A suit or petition under Subsection (g) may be filed in a
90	90	district court in:
91	91	(1) Travis County; or
92	92	(2) a county in which the principal office of the
93	93	school district is located.
94	94	(i) The attorney general may recover reasonable expenses
95	95	incurred in obtaining relief under this section, including court
96	96	costs, reasonable attorney's fees, investigative costs, witness
97	97	fees, and deposition costs.
98	98	(j) Sovereign immunity to suit is waived and abolished to
99	99	the extent of liability created by this section.
100	100	SECTION 2. It is the intent of the legislature that every
101	101	provision, section, subsection, sentence, clause, phrase, or word
102	102	in this Act, and every application of the provisions in this Act to
103	103	every person, group of persons, or circumstances, is severable from
104	104	each other. If any application of any provision in this Act to any
105	105	person, group of persons, or circumstances is found by a court to be
106	106	invalid for any reason, the remaining applications of that
107	107	provision to all other persons and circumstances shall be severed
108	108	and may not be affected.
109	109	SECTION 3. Not later than January 1, 2026:
110	110	(1) the Texas State Library and Archives Commission
111	111	shall adopt the standards for school library collection development
112	112	as required under Section 33.021, Education Code, as amended by
113	113	this Act; and
114	114	(2) the State Board of Education shall establish the
115	115	criteria for school districts to use in determining whether library
116	116	material is educationally unsuitable as required under Section
117	117	33.021(e), Education Code, as added by this Act.
118	118	SECTION 4. To the extent of any conflict, this Act prevails
119	119	over another Act of the 89th Legislature, Regular Session, 2025,
120	120	relating to nonsubstantive additions to and corrections in enacted
121	121	codes.
122	122	SECTION 5. This Act applies beginning with the 2026-2027
123	123	school year.
124	124	SECTION 6. This Act takes effect immediately if it receives
125	125	a vote of two-thirds of all the members elected to each house, as
126	126	provided by Section 39, Article III, Texas Constitution. If this
127	127	Act does not receive the vote necessary for immediate effect, this
128	128	Act takes effect September 1, 2025.