89R17426 RAL-F
By: Money H.B. No. 5485
A BILL TO BE ENTITLED
AN ACT
relating to the standards for a school district's library
collection development policies; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.021, Education Code, is amended by
amending Subsections (a) and (d) and adding Subsections (e), (f),
(g), (h), (i), and (j) to read as follows:
(a) In this section:
(1) "Harmful material" has the meaning assigned by
Section 43.24, Penal Code.
(2) "Profane content" means content that includes
grossly offensive language that is considered a public nuisance.
(3) "Sexually [, "sexually] explicit material" means
any communication, language, or material, including a written
description, illustration, photographic image, video image, or
audio file, other than library material directly related to the
curriculum required under Section 28.002(a), that describes,
depicts, or portrays sexual conduct, as defined by Section 43.25,
Penal Code, in a way that is patently offensive, as defined by
Section 43.21, Penal Code.
(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 Board of
Education v. Pico [v. Board of Education], 457 U.S. 853 (1982);
(iv) sexually explicit material; or
(v) library material containing profane
content;
(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) requires [encourages] schools to provide
library catalog transparency;
(F) requires [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;
(H) recognizes that a school district is
responsible for identifying and removing materials prohibited
under Paragraph (A); and
(I) recognizes that a resident of a school
district has the right to challenge the inclusion of library
material in the district's library catalog if the resident believes
the material:
(i) is prohibited under Paragraph (A); or
(ii) does not adhere to prevailing
community standards for minors.
(e) For purposes of a school district's library collection
development policies, the State Board of Education shall establish
specific criteria for school districts to use to determine whether
library material is educationally unsuitable as described by
Subsection (d)(2)(A)(iii).
(f) A committee established by a school district to review a
challenge to the inclusion of a library material in the district's
library catalog:
(1) must use the standards adopted under Subsection
(c) to review the material; and
(2) is subject to Chapter 551, Government Code.
(g) A school district that violates this section or a school
district whose employee violates the district's library collection
development policies developed in accordance with this section is
liable to the state for a civil penalty in an amount not to exceed
$10,000 for each violation. The attorney general may investigate
any alleged violation of this section and may sue to collect the
civil penalty described by this subsection.
(h) A suit or petition under Subsection (g) may be filed in a
district court in:
(1) Travis County; or
(2) a county in which the principal office of the
school district is located.
(i) The attorney general may recover reasonable expenses
incurred in obtaining relief under this section, including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition costs.
(j) Sovereign immunity to suit is waived and abolished to
the extent of liability created by this section.
SECTION 2. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this Act, and every application of the provisions in this Act to
every person, group of persons, or circumstances, is severable from
each other. If any application of any provision in this Act to any
person, group of persons, or circumstances is found by a court to be
invalid for any reason, the remaining applications of that
provision to all other persons and circumstances shall be severed
and may not be affected.
SECTION 3. Not later than January 1, 2026:
(1) the Texas State Library and Archives Commission
shall adopt the standards for school library collection development
as required under Section 33.021, Education Code, as amended by
this Act; and
(2) the State Board of Education shall establish the
criteria for school districts to use in determining whether library
material is educationally unsuitable as required under Section
33.021(e), Education Code, as added by this Act.
SECTION 4. To the extent of any conflict, this Act prevails
over another Act of the 89th Legislature, Regular Session, 2025,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 5. This Act applies beginning with the 2026-2027
school year.
SECTION 6. 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.