| 1 | 1 | | 89R1523 TSS-D |
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| 2 | 2 | | By: Middleton S.B. No. 451 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the purchase, adoption, and use of instructional |
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| 10 | 10 | | materials by public schools. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 31.0211(f), Education Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (f) Funds allotted under this section may not be used to |
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| 15 | 15 | | purchase instructional material that: |
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| 16 | 16 | | (1) contains obscene or harmful content or would |
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| 17 | 17 | | otherwise cause the school district to which the funds were |
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| 18 | 18 | | allotted to be unable to submit the certification required under |
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| 19 | 19 | | Section 31.1011(a)(1)(B); or |
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| 20 | 20 | | (2) is on the list of rejected instructional materials |
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| 21 | 21 | | maintained by the State Board of Education under Section 31.022(a). |
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| 22 | 22 | | SECTION 2. Subchapter B, Chapter 31, Education Code, is |
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| 23 | 23 | | amended by adding Section 31.024 to read as follows: |
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| 24 | 24 | | Sec. 31.024. LIMITATION ON THE ADOPTION AND USE OF |
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| 25 | 25 | | INSTRUCTIONAL MATERIAL. A school district may not adopt or |
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| 26 | 26 | | otherwise use instructional material included on the list of |
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| 27 | 27 | | rejected instructional materials maintained by the State Board of |
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| 28 | 28 | | Education under Section 31.022(a). |
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| 29 | 29 | | SECTION 3. Section 31.073, Education Code, is amended by |
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| 30 | 30 | | adding Subsection (b) and amending Subsection (c) to read as |
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| 31 | 31 | | follows: |
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| 32 | 32 | | (b) A school district or open-enrollment charter school may |
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| 33 | 33 | | only adopt or otherwise use an open education resource |
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| 34 | 34 | | instructional material that is not included on the list of rejected |
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| 35 | 35 | | instructional materials maintained by the State Board of Education |
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| 36 | 36 | | under Section 31.022(a). |
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| 37 | 37 | | (c) A school district or open-enrollment charter school may |
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| 38 | 38 | | adopt open education resource instructional material that complies |
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| 39 | 39 | | with Subsection (b) at any time. |
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| 40 | 40 | | SECTION 4. Section 31.106, Education Code, is amended to |
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| 41 | 41 | | read as follows: |
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| 42 | 42 | | Sec. 31.106. USE OF LOCAL FUNDS. In addition to any |
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| 43 | 43 | | instructional material selected under this chapter, a school |
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| 44 | 44 | | district or open-enrollment charter school may use local funds to |
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| 45 | 45 | | purchase any instructional materials not included on the list of |
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| 46 | 46 | | rejected instructional materials maintained by the State Board of |
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| 47 | 47 | | Education under Section 31.022(a). |
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| 48 | 48 | | SECTION 5. This Act applies beginning with the 2025-2026 |
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| 49 | 49 | | school year. |
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| 50 | 50 | | SECTION 6. This Act takes effect immediately if it receives |
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| 51 | 51 | | a vote of two-thirds of all the members elected to each house, as |
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| 52 | 52 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 53 | 53 | | Act does not receive the vote necessary for immediate effect, this |
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| 54 | 54 | | Act takes effect September 1, 2025. |
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