Texas 2025 - 89th Regular

Texas Senate Bill SB13 Compare Versions

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Version 2 (New)

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1	1		By: Paxton, et al. S.B. No. 13
2		-
3		-
	2	+	(In the Senate - Filed February 12, 2025;
	3	+	February 13, 2025, read first time and referred to Committee on
	4	+	Education K-16; March 5, 2025, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 10, Nays 1;
	6	+	March 5, 2025, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 13 By: King
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to a school district's library materials and catalog, the
9	14		creation of local school library advisory councils, and parental
10	15		rights regarding public school library catalogs and access by the
11	16		parent's child to library materials.
12	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	18		SECTION 1. Section 26.004(b), Education Code, is amended to
14	19		read as follows:
15	20		(b) A parent is entitled to access to all written records of
16	21		a school district concerning the parent's child, including:
17	22		(1) attendance records;
18	23		(2) test scores;
19	24		(3) grades;
20	25		(4) disciplinary records;
21	26		(5) counseling records;
22	27		(6) psychological records;
23	28		(7) applications for admission;
24	29		(8) health and immunization information;
25	30		(9) teacher and school counselor evaluations;
26	31		(10) reports of behavioral patterns; [and]
27	32		(11) records relating to assistance provided for
28	33		learning difficulties, including information collected regarding
29	34		any intervention strategies used with the child; and
30	35		(12) records relating to school library materials the
31	36		child obtains from a school library.
32	37		SECTION 2. Subchapter B, Chapter 33, Education Code, is
33	38		amended by adding Section 33.020 to read as follows:
34	39		Sec. 33.020. DEFINITIONS. In this subchapter:
35	40		(1) "Harmful material" has the meaning assigned by
36	41		Section 43.24, Penal Code.
37	42		(2) "Indecent content" means content that portrays
38	43		sexual or excretory organs or activities in a way that is patently
39	44		offensive.
40	45		(3) "Library material" means any book, record, file,
41	46		or other instrument or document in a school district's library
42	47		catalog. The term does not include instructional material, as
43	48		defined by Section 31.002, or materials procured for the TexShare
44	49		consortium under Subchapter M, Chapter 441, Government Code.
45	50		(4) "Profane content" means content that includes
46	51		grossly offensive language that is considered a public nuisance.
47	52		SECTION 3. Section 33.021, Education Code, is amended by
48	53		amending Subsection (d) and adding Subsection (e) to read as
49	54		follows:
50	55		(d) The standards adopted under Subsection (c) must:
51	56		(1) be reviewed and updated at least once every five
52	57		years; and
53	58		(2) include a collection development policy that:
54	59		(A) prohibits the possession, acquisition, and
55	60		purchase of:
56	61		(i) harmful material[, as defined by
57	62		Section 43.24, Penal Code];
58	63		(ii) library material rated sexually
59	64		explicit material by the selling library material vendor; [or]
60	65		(iii) library material that is pervasively
61	66		vulgar or educationally unsuitable as referenced in Board of
62	67		Education v. Pico [v. Board of Education], 457 U.S. 853 (1982);
63	68		(iv) library material containing indecent
64	69		content or profane content; or
65	70		(v) library material that refers a person
66	71		to an Internet website containing content prohibited under this
67	72		subsection, including by use of a link or QR code, as defined by
68	73		Section 443.001, Health and Safety Code;
69	74		(B) recognizes that obscene content is not
70	75		protected by the First Amendment to the United States Constitution;
71	76		(C) is required for all library materials
72	77		available for use or display, including material contained in
73	78		school libraries, classroom libraries, [and] online catalogs,
74	79		library mobile applications, and any other library catalog a
75	80		student may access;
76	81		(D) recognizes that parents are the primary
77	82		decision makers regarding a student's access to library material;
78	83		(E) encourages schools to provide library
79	84		catalog transparency;
80	85		(F) recommends schools communicate effectively
81	86		with parents regarding collection development; [and]
82	87		(G) prohibits the removal of material based
83	88		solely on the:
84	89		(i) ideas contained in the material; or
85	90		(ii) personal background of:
86	91		(a) the author of the material; or
87	92		(b) characters in the material; and
88	93		(H) demonstrates a commitment to compliance with
89	94		the Children's Internet Protection Act (Pub. L. No. 106-554),
90	95		including through the use of technology protection measures, as
91	96		defined by that Act.
92	97		(e) A school district may adopt local policies and
93	98		procedures in addition to the standards adopted under Subsection
94	99		(c) that do not conflict with the standards adopted under that
95	100		subsection or other requirements of this code.
96	101		SECTION 4. Subchapter B, Chapter 33, Education Code, is
97	102		amended by adding Sections 33.023, 33.024, 33.025, 33.026, and
98	103		33.027 to read as follows:
99	104		Sec. 33.023. PARENTAL ACCESS TO LIBRARY CATALOG AND ACCESS
100	105		BY THE PARENT'S CHILD TO CERTAIN LIBRARY MATERIALS. (a) A school
101	106		district or open-enrollment charter school shall adopt procedures
102	107		that provide for a parent of a child enrolled in the district or
103	108		school to:
104	109		(1) access the catalog of available library materials
105	110		at each school library in the district or school; and
106	111		(2) submit to the district or school a list of library
107	112		materials that the parent's child may not be allowed to check out or
108	113		otherwise access for use outside of the school library.
109	114		(b) The procedures adopted under Subsection (a)(2) must
110	115		allow for a parent to submit a list of library materials through:
111	116		(1) an electronic or physical form; or
112	117		(2) the district's or school's online library catalog
113	118		system.
114	119		(c) A school district or open-enrollment charter school may
115	120		not allow a student to check out or otherwise use outside the school
116	121		library a library material the student's parent has included in a
117	122		list submitted under Subsection (a)(2).
118	123		Sec. 33.024. PARENTAL ACCESS TO STUDENT LIBRARY RECORDS.
119	124		Each school district and open-enrollment charter school that uses a
120	125		learning management system or an online learning portal shall,
121	126		through the system or portal, provide to each parent of a child
122	127		enrolled in the district or school a record of each time the
123	128		parent's child checks out or otherwise uses outside the school
124	129		library a library material. The record must include, as
125	130		applicable, the title, author, genre, and return date of the
126	131		library material.
127	132		Sec. 33.025. LOCAL SCHOOL LIBRARY ADVISORY COUNCIL. (a)
128	133		The board of trustees of each school district shall establish a
129	134		local school library advisory council to assist the district in
130	135		ensuring that local community values are reflected in each school
131	136		library catalog in the district.
132		-	(b) Except as provided by Section 33.026(f), a school
	137	+	(b) Except as provided by Section 33.026(d), a school
133	138		district must consider the recommendations of the local school
134	139		library advisory council before:
135	140		(1) adding library materials to a school library
136	141		catalog;
137	142		(2) removing library materials from a school library
138	143		catalog following a challenge under Section 33.027; or
139	144		(3) making changes to policies or guidelines related
140	145		to a school library catalog.
141	146		(c) The local school library advisory council's duties
142	147		include recommending:
143	148		(1) policies and procedures for the acquisition of
144	149		library materials consistent with local community values;
145	150		(2) to the board of trustees whether library materials
146	151		proposed for acquisition under Section 33.026 are appropriate for
147	152		each grade level of the school or campus for which the library
148	153		materials are proposed to be acquired;
149	154		(3) if feasible, joint use agreements or strategies
150	155		for collaboration between the school district and local public
151	156		libraries and community organizations;
152	157		(4) the removal of any library materials that the
153	158		council determines to be:
154	159		(A) harmful material or material containing
155	160		indecent content or profane content; or
156	161		(B) inconsistent with local community values;
157	162		(5) the policies and procedures for processing
158	163		challenges received under Section 33.027; and
159	164		(6) the action to be taken by the district in response
160	165		to a challenge received under Section 33.027.
161	166		(d) Any recommendation made by the local school library
162	167		advisory council must adhere to the library standards approved
163	168		under Section 33.021.
164	169		(e) The local school library advisory council must consist
165	170		of at least five members, with each member appointed by the board of
166	171		trustees, and with each trustee appointing an equal number of
167	172		members. A majority of the voting members of the council must be
168	173		persons who are parents of students enrolled in the district and who
169	174		are not employed by the district. One of those members shall serve
170	175		as chair of the council. The board of trustees may also appoint one
171	176		or more persons to serve as nonvoting members of the council from
172	177		any of the following groups:
173	178		(1) classroom teachers employed by the district;
174	179		(2) librarians employed by the district;
175	180		(3) school counselors certified under Subchapter B,
176	181		Chapter 21, employed by the district;
177	182		(4) school administrators employed by the district;
178	183		(5) the business community; and
179	184		(6) the clergy.
180	185		(f) The local school library advisory council shall meet at
181		-	least two times each year and at other times as necessary to fulfill
182		-	the council's duties under this chapter. For each meeting, the
183		-	council shall:
	186	+	least two times each year. For each meeting, the council shall:
184	187		(1) at least 72 hours before the meeting:
185	188		(A) post notice of the date, hour, place, and
186	189		subject of the meeting on a bulletin board in the central
187	190		administrative office of each campus in the school district; and
188	191		(B) ensure that the notice required under
189	192		Paragraph (A) is posted on the district's Internet website, if the
190	193		district has an Internet website;
191	194		(2) prepare and maintain minutes of the meeting that
192	195		state the subject and content of each deliberation and each vote,
193	196		order, decision, or other action taken by the council during the
194	197		meeting;
195	198		(3) make an audio or video recording of the meeting;
196	199		and
197	200		(4) not later than the 10th day after the meeting,
198	201		submit the minutes and audio or video recording of the meeting to
199	202		the district.
200	203		(g) As soon as practicable after receipt of the minutes and
201	204		audio or video recording under Subsection (f)(4), the school
202	205		district shall post the minutes and audio or video recording on the
203	206		district's Internet website, if the district has an Internet
204	207		website.
205	208		Sec. 33.026. ACQUISITION OF LIBRARY MATERIALS. (a) The
206	209		board of trustees of a school district shall adopt a policy for the
207	210		acquisition of library materials, including procedures for the
208	211		procurement of library materials and the receipt of donated library
209	212		materials. The policy must require the board to:
210	213		(1) approve all library materials that have been
211	214		donated to or that are to be procured by a school library in the
212	215		district, with the advice and recommendations of the district's
213	216		local school library advisory council established under Section
214	217		33.025;
215	218		(2) make the list of library materials that have been
216	219		donated to or that are proposed to be procured by a school library
217	220		accessible for review by the public for at least 30 days before
218	221		final approval;
219	222		(3) approve or reject the list of library materials
220	223		that have been donated to or that are proposed to be procured by a
221	224		school library in an open meeting; and
222	225		(4) ensure compliance with the library standards
223	226		approved under Section 33.021.
224	227		(b) Each member of the board of trustees of a school
225	228		district is entitled to:
226	229		(1) review each list of library materials that have
227	230		been donated to or that are proposed to be procured by a school
228	231		library in the district; and
229	232		(2) propose changes to each list described by
230	233		Subdivision (1) before the board votes to approve or reject the
231	234		list.
232		-	(c) For purposes of Subsection (a)(3), the board of trustees
233		-	shall approve or reject a list of library materials that have been
234		-	donated to or that are proposed to be procured by a school library
235		-	at the first open meeting of the board held on or after the 30th day
236		-	after the date the list is made accessible for review by the public
237		-	as required by Subsection (a)(2).
238		-	(d) A local school library advisory council shall meet to
239		-	determine the council's recommendations regarding library
240		-	materials that have been donated to or that are proposed to be
241		-	procured by a school library before the date of the open meeting of
242		-	the board of trustees described by Subsection (a)(3). The local
243		-	school library advisory council meeting may occur during the period
244		-	the list is available for review by the public as required by
245		-	Subsection (a)(2).
246		-	(e) A school district may not add a donated library material
	235	+	(c) A school district may not add a donated library material
247	236		to the school library catalog or otherwise make the donated library
248	237		material available for student use unless the board of trustees of
249	238		the district approves the addition of that donated library material
250	239		to the school library catalog for the grade levels for which the
251	240		material is intended.
252		-	(f) This section does not apply to library materials that
	241	+	(d) This section does not apply to library materials that
253	242		have been donated to or that are to be procured by a school library
254	243		that:
255	244		(1) replace a damaged copy of a library material with
256	245		the same International Standard Book Number that is currently in
257	246		the school library catalog;
258	247		(2) are additional copies of a library material with
259	248		the same International Standard Book Number that is currently in
260	249		the school library catalog; or
261	250		(3) have the same International Standard Book Number
262	251		and have been approved for the same grade levels by the board of
263	252		trustees of the school district from a previous proposed list of
264	253		library materials.
265	254		Sec. 33.027. CHALLENGE OR APPEAL REGARDING LIBRARY
266	255		MATERIALS; LOCAL SCHOOL LIBRARY ADVISORY COUNCIL RECOMMENDATIONS.
267	256		(a) A parent of or person standing in parental relation to a
268	257		student enrolled in a school district, a person employed by the
269	258		district, or a person residing in the district may submit:
270	259		(1) to the district a written challenge to any library
271	260		material in the catalog of a school library in the district using
272		-	the form adopted under Subsection (e); or
	261	+	the form adopted under Subsection (d); or
273	262		(2) to the district's board of trustees an appeal of an
274	263		action taken by the district in response to a written challenge
275	264		received under Subdivision (1).
276	265		(b) Not later than the fifth day after the date on which a
277	266		school district receives a written challenge under Subsection
278	267		(a)(1), the district shall provide a copy of the challenge to the
279	268		district's local school library advisory council established under
280	269		Section 33.025. The council shall make a recommendation for action
281	270		by the district not later than the 90th day after the date on which
282	271		the council receives the copy.
283	272		(c) If the procedures recommended by the local school
284	273		library advisory council and adopted by the board of trustees
285	274		permit the appointment of library material review committees that
286	275		consist of persons who are not members of the council to review
287	276		library materials challenged under Subsection (a)(1), the council
288	277		may base the council's recommendation for action to be taken by the
289	278		district under Subsection (b) on the recommendation of a library
290	279		material review committee if the committee consists of at least
291	280		five persons appointed by the board of trustees, a majority of whom
292	281		are parents of students enrolled in the school district and are not
293	282		employed by the district.
294		-	(d) The board of trustees shall take action on:
295		-	(1) a written challenge submitted under Subsection
296		-	(a)(1) at the first open meeting of the board held after the local
297		-	school library advisory council has made a recommendation under
298		-	Subsection (b) regarding the challenge; or
299		-	(2) an appeal under Subsection (a)(2) at the first
300		-	open meeting of the board held after the date the appeal is filed.
301		-	(e) The agency shall adopt and post on the agency's Internet
	283	+	(d) The agency shall adopt and post on the agency's Internet
302	284		website a form to be used in making a written challenge under
303	285		Subsection (a)(1). Each school district shall post the form on the
304	286		district's Internet website, if the district has an Internet
305	287		website. The form shall require the person submitting the form to
306	288		identify how the challenged library material violates the library
307	289		standards approved under Section 33.021.
308		-	(f) In taking action on a written challenge submitted under
	290	+	(e) In taking action on a written challenge submitted under
309	291		Subsection (a)(1) or an appeal under Subsection (a)(2), the board
310	292		of trustees of a school district shall consider:
311	293		(1) the advice of the district's local school library
312	294		advisory council; and
313	295		(2) whether the library material challenged under
314	296		Subsection (a)(1) or appealed under Subsection (a)(2) is suitable
315	297		for the subject and grade level for which the library material is
316	298		intended, including by considering:
317	299		(A) whether the library material adheres to the
318	300		library standards approved under Section 33.021; and
319	301		(B) reviews, if any, of the library material
320	302		conducted by academic experts specializing in the subject covered
321	303		by the library material or in the education of students in the
322	304		subject and grade level for which the library material is intended.
323		-	(g) A school district that receives a challenge to a library
	305	+	(f) A school district that receives a challenge to a library
324	306		material under Subsection (a)(1) shall prohibit students enrolled
325	307		in the district from accessing the library material until the
326	308		district takes action in response to the challenge.
327		-	(h) If a challenge to a library material submitted under
	309	+	(g) If a challenge to a library material submitted under
328	310		Subsection (a)(1) results in the board of trustees, with the
329	311		recommendation of the local school library advisory council,
330	312		removing the library material from a school library catalog, the
331	313		board shall notify each teacher assigned as the classroom teacher
332	314		at the grade level for which the library material was determined to
333	315		be not appropriate and instruct the teacher to remove any copy of
334	316		the library material from the teacher's classroom library, if
335	317		applicable.
336		-	(i) If a challenge to a library material submitted under
	318	+	(h) If a challenge to a library material submitted under
337	319		Subsection (a)(1) results in the board of trustees, with the
338	320		recommendation of the local school library advisory council, not
339	321		removing the library material from a school library catalog, the
340	322		board is not required to take any action in response to a written
341	323		challenge of the library material submitted before the second
342	324		anniversary of the date of the determination to not remove the
343	325		library material.
344	326		SECTION 5. It is the intent of the legislature that every
345	327		provision, section, subsection, sentence, clause, phrase, or word
346	328		in this Act, and every application of the provisions in this Act to
347	329		every person, group of persons, or circumstances, is severable from
348	330		each other. If any application of any provision in this Act to any
349	331		person, group of persons, or circumstances is found by a court to be
350	332		invalid for any reason, the remaining applications of that
351	333		provision to all other persons and circumstances shall be severed
352	334		and may not be affected.
353	335		SECTION 6. Before the first day of the 2025-2026 school
354	336		year, the board of trustees of each school district shall:
355	337		(1) establish and appoint members of the local school
356	338		library advisory council as required by Section 33.025, Education
357	339		Code, as added by this Act; and
358	340		(2) adopt a policy for the acquisition of library
359	341		materials as required by Section 33.026, Education Code, as added
360	342		by this Act.
361	343		SECTION 7. Not later than April 1, 2026, the Texas State
362	344		Library and Archives Commission shall adopt the standards for
363	345		school library collection development as required under Section
364	346		33.021, Education Code, as amended by this Act.
365	347		SECTION 8. This Act applies beginning with the 2025-2026
366	348		school year.
367	349		SECTION 9. To the extent of any conflict, this Act prevails
368	350		over another Act of the 89th Legislature, Regular Session, 2025,
369	351		relating to nonsubstantive additions to and corrections in enacted
370	352		codes.
371	353		SECTION 10. This Act takes effect immediately if it
372	354		receives a vote of two-thirds of all the members elected to each
373	355		house, as provided by Section 39, Article III, Texas Constitution.
374	356		If this Act does not receive the vote necessary for immediate
375	357		effect, this Act takes effect September 1, 2025.
	358	+	* * * * *