By: Zwiener H.B. No. 5635
A BILL TO BE ENTITLED
AN ACT
relating to the use, curation, and censorship of library materials
at public libraries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 441, Government Code, is amended by
adding Subchapter O to read as follows:
SUBCHAPTER O. FREE ACCESS TO LIBRARY MATERIALS
Sec. 441.261. DEFINITIONS. In this subchapter:
(1) "Censor" means to engage in the act of censorship.
(2) "Censorship" means the governmental suppression
of library materials on the basis of disagreement with the content
of the materials, including on the basis of morality, religion,
politics, or the materials' depiction of race, gender, or
sexuality. The term includes:
(A) prohibiting or interfering with the
acquisition of materials; and
(B) removing, hiding, restricting access to, or
restricting the searchability of materials, including by requiring
parental consent.
(3) "Governmental entity" means:
(A) this state or a political subdivision of this
state; and
(B) any agency of this state or a political
subdivision of this state, including a department, bureau, board,
commission, office, agency, council, institution of higher
education, or public school.
(4) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(5) "Librarian" means an employee of a public library
whose duties include the selection, purchase, curation, display,
and removal of library materials.
(6) "Library materials" means fictional and
non-fictional electronic, print, and nonprint resources for use by
library patrons, including books, audiobooks, movies, videos,
periodicals, databases, games, maps, charts, graphs, and
interactive applications and software.
(7) "Member" means a member of the governing body of a
governmental entity with voting authority.
(8) "Public library" means a public library or library
system, as defined by Section 441.122, or other library operated by
a governmental entity. The term includes a public school library.
(9) "Public school" means an independent school
district or an open-enrollment charter school established under
Chapter 12, Education Code.
Sec. 441.262. CENSORSHIP PROHIBITED. A governmental entity
may not censor library materials in a public library.
Sec. 441.263. RIGHTS TO SHARE AND ENCOUNTER IDEAS. Except
as provided by Section 441.264:
(1) an author, creator, or publisher of library
materials is entitled to communicate the author's, creator's, or
publisher's ideas to any individual who is interested in the ideas;
and
(2) a patron of a public library, including a public
school student, is entitled to encounter the ideas without
governmental interference.
Sec. 441.264. CURATION OF LIBRARY MATERIALS. (a) A
librarian may curate a public library's collection of library
materials based on recognized, nonideological professional
standards to ensure the collection meets the educational,
informational, enrichment, and entertainment needs of the
community the library serves, provided that the librarian's
curation of library materials is not exercised in a narrowly
partisan or political manner.
(b) A governmental entity may not require a librarian to
include or remove any specific library materials in a public
library for a political purpose.
Sec. 441.265. GOVERNING BODY APPEAL. (a) A person may
appeal to the governing body of a public library's governmental
entity the censorship of library materials by the library or
entity.
(b) Library materials subject to an appeal under this
section must remain in the public library and be available to the
public until the final resolution of the appeal, including any
applicable judicial review. If the governing body elects to censor
the library materials at the conclusion of the appeal, the
governing body shall provide a written, substantive reason for the
censorship and make the reason publicly available.
(c) A person is not required to exhaust the person's
administrative remedies under this section before seeking other
remedies under this subchapter.
Sec. 441.266. LIBRARIAN ACTION. (a) A librarian who has
been subjected to discipline, termination, or threats of discipline
or termination for refusing to censor library materials may bring
an action against a governmental entity or member who ordered the
censorship for damages arising from the discipline, termination, or
threats.
(b) In an action brought under this section, a prevailing
claimant may recover:
(1) compensatory damages;
(2) exemplary damages;
(3) declaratory relief;
(4) injunctive relief; and
(5) reasonable attorney's fees and costs, including
expert witness fees, incurred in bringing the action.
Sec. 441.267. STUDENT AND PARENT OR GUARDIAN ACTION. (a) A
student or the student's parent or legal guardian may bring an
action against a governmental entity or member who orders or
enforces censorship of library materials in a public library of a
public school in which the student is enrolled.
(b) In an action brought under this section, a prevailing
claimant may recover:
(1) statutory damages in an amount that is not less
than $500 and not more than $5,000 for each library material subject
to censorship;
(2) declaratory relief;
(3) injunctive relief; and
(4) reasonable attorney's fees and costs, including
expert witness fees, incurred in bringing the action.
Sec. 441.268. AUTHOR, BOOKSELLER, AND PUBLISHER ACTION.
(a) An author, bookseller, or publisher whose library materials
are subject to censorship may bring an action against a
governmental entity that enforces the censorship.
(b) A claimant who prevails in an action under this section
is entitled to recover:
(1) statutory damages in an amount that is not less
than $500 and not more than $5,000 for each library material subject
to censorship;
(2) declaratory relief;
(3) injunctive relief; and
(4) reasonable attorney's fees and costs, including
expert witness fees, incurred in bringing the action.
Sec. 441.269. MEMBER LIABILITY; DEFENSES. (a) A member is
liable in the member's personal capacity and jointly and severally
liable to a claimant in an action brought under Section 441.266 or
441.267 against the member.
(b) It is an affirmative defense to personal liability under
this subchapter that a member was acting under the direction of a
binding state or federal authority.
(c) A member may not assert official immunity or other forms
of immunity as a defense to liability under this subchapter.
Sec. 441.270. SOVEREIGN AND GOVERNMENTAL IMMUNITY WAIVED.
A governmental entity's sovereign or governmental immunity to suit
and from liability is waived to the extent of liability created by
this subchapter.
Sec. 441.271. LIMITATION ON PAYMENT OF COSTS. (a) A
governmental entity may not use money that would otherwise be
allocated to a public library to pay the costs of an action brought
under this subchapter.
Sec. 441.272. STATUTE OF LIMITATIONS. An action brought
under this subchapter must be filed not later than the first
anniversary after the date the cause of action accrues.
Sec. 441.273. CAUSE OF ACTION CUMULATIVE. The cause of
actions created by Sections 441.266, 441.267, and 441.268 of this
subchapter are cumulative of any other remedy provided by common
law or statute.
SECTION 2. 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 3. (a) Subchapter O, Chapter 441, Government Code,
as added by this Act, applies only to a cause of action that accrues
on or after the effective date of this Act.
SECTION 4. 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.