Texas 2025 - 89th Regular

Texas House Bill HB5635 Compare Versions

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Version 2 (New)

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1	1		By: Zwiener H.B. No. 5635
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to the use, curation, and censorship of library materials
7	9		at public libraries.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Chapter 441, Government Code, is amended by
10	12		adding Subchapter O to read as follows:
11	13		SUBCHAPTER O. FREE ACCESS TO LIBRARY MATERIALS
12	14		Sec. 441.261. DEFINITIONS. In this subchapter:
13	15		(1) "Censor" means to engage in the act of censorship.
14	16		(2) "Censorship" means the governmental suppression
15	17		of library materials on the basis of disagreement with the content
16	18		of the materials, including on the basis of morality, religion,
17	19		politics, or the materials' depiction of race, gender, or
18	20		sexuality. The term includes:
19	21		(A) prohibiting or interfering with the
20	22		acquisition of materials; and
21	23		(B) removing, hiding, restricting access to, or
22	24		restricting the searchability of materials, including by requiring
23	25		parental consent.
24	26		(3) "Governmental entity" means:
25	27		(A) this state or a political subdivision of this
26	28		state; and
27	29		(B) any agency of this state or a political
28	30		subdivision of this state, including a department, bureau, board,
29	31		commission, office, agency, council, institution of higher
30	32		education, or public school.
31	33		(4) "Institution of higher education" has the meaning
32	34		assigned by Section 61.003, Education Code.
33	35		(5) "Librarian" means an employee of a public library
34	36		whose duties include the selection, purchase, curation, display,
35	37		and removal of library materials.
36	38		(6) "Library materials" means fictional and
37	39		non-fictional electronic, print, and nonprint resources for use by
38	40		library patrons, including books, audiobooks, movies, videos,
39	41		periodicals, databases, games, maps, charts, graphs, and
40	42		interactive applications and software.
41	43		(7) "Member" means a member of the governing body of a
42	44		governmental entity with voting authority.
43	45		(8) "Public library" means a public library or library
44	46		system, as defined by Section 441.122, or other library operated by
45	47		a governmental entity. The term includes a public school library.
46	48		(9) "Public school" means an independent school
47	49		district or an open-enrollment charter school established under
48	50		Chapter 12, Education Code.
49	51		Sec. 441.262. CENSORSHIP PROHIBITED. A governmental entity
50	52		may not censor library materials in a public library.
51	53		Sec. 441.263. RIGHTS TO SHARE AND ENCOUNTER IDEAS. Except
52	54		as provided by Section 441.264:
53	55		(1) an author, creator, or publisher of library
54	56		materials is entitled to communicate the author's, creator's, or
55	57		publisher's ideas to any individual who is interested in the ideas;
56	58		and
57	59		(2) a patron of a public library, including a public
58	60		school student, is entitled to encounter the ideas without
59	61		governmental interference.
60	62		Sec. 441.264. CURATION OF LIBRARY MATERIALS. (a) A
61	63		librarian may curate a public library's collection of library
62	64		materials based on recognized, nonideological professional
63	65		standards to ensure the collection meets the educational,
64	66		informational, enrichment, and entertainment needs of the
65	67		community the library serves, provided that the librarian's
66	68		curation of library materials is not exercised in a narrowly
67	69		partisan or political manner.
68	70		(b) A governmental entity may not require a librarian to
69	71		include or remove any specific library materials in a public
70	72		library for a political purpose.
71	73		Sec. 441.265. GOVERNING BODY APPEAL. (a) A person may
72	74		appeal to the governing body of a public library's governmental
73	75		entity the censorship of library materials by the library or
74	76		entity.
75	77		(b) Library materials subject to an appeal under this
76	78		section must remain in the public library and be available to the
77	79		public until the final resolution of the appeal, including any
78	80		applicable judicial review. If the governing body elects to censor
79	81		the library materials at the conclusion of the appeal, the
80	82		governing body shall provide a written, substantive reason for the
81	83		censorship and make the reason publicly available.
82	84		(c) A person is not required to exhaust the person's
83	85		administrative remedies under this section before seeking other
84	86		remedies under this subchapter.
85	87		Sec. 441.266. LIBRARIAN ACTION. (a) A librarian who has
86	88		been subjected to discipline, termination, or threats of discipline
87	89		or termination for refusing to censor library materials may bring
88	90		an action against a governmental entity or member who ordered the
89	91		censorship for damages arising from the discipline, termination, or
90	92		threats.
91	93		(b) In an action brought under this section, a prevailing
92	94		claimant may recover:
93	95		(1) compensatory damages;
94	96		(2) exemplary damages;
95	97		(3) declaratory relief;
96	98		(4) injunctive relief; and
97	99		(5) reasonable attorney's fees and costs, including
98	100		expert witness fees, incurred in bringing the action.
99	101		Sec. 441.267. STUDENT AND PARENT OR GUARDIAN ACTION. (a) A
100	102		student or the student's parent or legal guardian may bring an
101	103		action against a governmental entity or member who orders or
102	104		enforces censorship of library materials in a public library of a
103	105		public school in which the student is enrolled.
104	106		(b) In an action brought under this section, a prevailing
105	107		claimant may recover:
106	108		(1) statutory damages in an amount that is not less
107	109		than $500 and not more than $5,000 for each library material subject
108	110		to censorship;
109	111		(2) declaratory relief;
110	112		(3) injunctive relief; and
111	113		(4) reasonable attorney's fees and costs, including
112	114		expert witness fees, incurred in bringing the action.
113	115		Sec. 441.268. AUTHOR, BOOKSELLER, AND PUBLISHER ACTION.
114	116		(a) An author, bookseller, or publisher whose library materials
115	117		are subject to censorship may bring an action against a
116	118		governmental entity that enforces the censorship.
117	119		(b) A claimant who prevails in an action under this section
118	120		is entitled to recover:
119	121		(1) statutory damages in an amount that is not less
120	122		than $500 and not more than $5,000 for each library material subject
121	123		to censorship;
122	124		(2) declaratory relief;
123	125		(3) injunctive relief; and
124	126		(4) reasonable attorney's fees and costs, including
125	127		expert witness fees, incurred in bringing the action.
126	128		Sec. 441.269. MEMBER LIABILITY; DEFENSES. (a) A member is
127	129		liable in the member's personal capacity and jointly and severally
128	130		liable to a claimant in an action brought under Section 441.266 or
129	131		441.267 against the member.
130	132		(b) It is an affirmative defense to personal liability under
131	133		this subchapter that a member was acting under the direction of a
132	134		binding state or federal authority.
133	135		(c) A member may not assert official immunity or other forms
134	136		of immunity as a defense to liability under this subchapter.
135	137		Sec. 441.270. SOVEREIGN AND GOVERNMENTAL IMMUNITY WAIVED.
136	138		A governmental entity's sovereign or governmental immunity to suit
137	139		and from liability is waived to the extent of liability created by
138	140		this subchapter.
139	141		Sec. 441.271. LIMITATION ON PAYMENT OF COSTS. (a) A
140	142		governmental entity may not use money that would otherwise be
141	143		allocated to a public library to pay the costs of an action brought
142	144		under this subchapter.
143	145		Sec. 441.272. STATUTE OF LIMITATIONS. An action brought
144	146		under this subchapter must be filed not later than the first
145	147		anniversary after the date the cause of action accrues.
146	148		Sec. 441.273. CAUSE OF ACTION CUMULATIVE. The cause of
147	149		actions created by Sections 441.266, 441.267, and 441.268 of this
148	150		subchapter are cumulative of any other remedy provided by common
149	151		law or statute.
150	152		SECTION 2. To the extent of any conflict, this Act prevails
151	153		over another Act of the 89th Legislature, Regular Session, 2025,
152	154		relating to nonsubstantive additions to and corrections in enacted
153	155		codes.
154	156		SECTION 3. (a) Subchapter O, Chapter 441, Government Code,
155	157		as added by this Act, applies only to a cause of action that accrues
156	158		on or after the effective date of this Act.
157	159		SECTION 4. This Act takes effect immediately if it receives
158	160		a vote of two-thirds of all the members elected to each house, as
159	161		provided by Section 39, Article III, Texas Constitution. If this
160	162		Act does not receive the vote necessary for immediate effect, this
161	163		Act takes effect September 1, 2025.