| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation and the review of certain library |
|
|
materials included in public school libraries. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 35, Education Code, is amended by |
|
|
designating Section 35.001 as Subchapter A and adding a subchapter |
|
|
heading to read as follows: |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
SECTION 2. Section 35.001, Education Code, is amended by |
|
|
amending Subdivision (1) and adding Subdivision (1-a) to read as |
|
|
follows: |
|
|
(1) "Board" means the State Board of Education. |
|
|
(1-a) "Library material vendor" includes any entity |
|
|
that sells library material to a public primary or secondary school |
|
|
in this state. |
|
|
SECTION 3. Chapter 35, Education Code, is amended by |
|
|
designating Sections 35.002, 35.0021, 35.003, 35.004, 35.005, |
|
|
35.006, 35.007, and 35.008 as Subchapter B and adding a subchapter |
|
|
heading to read as follows: |
|
|
SUBCHAPTER B. LIBRARY MATERIAL RATINGS |
|
|
SECTION 4. Section 35.004, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 35.004. LIABILITY. A school district or |
|
|
open-enrollment charter school or a teacher, librarian, or other |
|
|
staff member employed by a district or school is not liable for any |
|
|
claim or damage resulting from a library material vendor's |
|
|
violation of this subchapter [chapter]. |
|
|
SECTION 5. Section 35.007, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 35.007. RULES. The commissioner may adopt rules as |
|
|
necessary to administer this subchapter [chapter]. |
|
|
SECTION 6. Section 35.008, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 35.008. ASSISTANCE OF AGENCY. The agency may provide |
|
|
assistance to school districts and open-enrollment charter schools |
|
|
in complying with this subchapter [chapter]. |
|
|
SECTION 7. Chapter 35, Education Code, is amended by adding |
|
|
Subchapter C to read as follows: |
|
|
SUBCHAPTER C. STATE REVIEW OF LIBRARY MATERIAL |
|
|
Sec. 35.151. PARENTAL REQUEST FOR REVIEW. (a) The board |
|
|
shall develop and make available on the board's Internet website a |
|
|
form that the parent of a student enrolled in a school district or |
|
|
open-enrollment charter school in this state may use to submit a |
|
|
request to the board to review library material in the catalog of |
|
|
the district or school library that the parent believes: |
|
|
(1) is inappropriate for use by students in one or more |
|
|
of the grade levels for which the material is available; or |
|
|
(2) contains sexually explicit material. |
|
|
(b) The board shall maintain on the board's Internet website |
|
|
a list of library material for which a request for review submitted |
|
|
under Subsection (a) is pending. The list must specify the grade |
|
|
levels for which the material is under review. |
|
|
Sec. 35.152. BOARD REVIEW OF LIBRARY MATERIAL. (a) Not |
|
|
later than three weeks after the date the board receives a request |
|
|
for review of library material under Section 35.151, the board |
|
|
shall review the library material and: |
|
|
(1) if the board determines that the material is |
|
|
appropriate for use by students in certain grade levels and does not |
|
|
contain sexually explicit material, add the material to a list of |
|
|
approved material maintained on the board's Internet website and |
|
|
specify the grade levels for which the material was approved; |
|
|
(2) if the board determines that the material is |
|
|
inappropriate for use by students in certain grade levels or |
|
|
contains sexually explicit material, add the material to a list of |
|
|
rejected material maintained on the board's Internet website and |
|
|
specify the grade levels for which the material was rejected; or |
|
|
(3) if the board cannot make a determination under |
|
|
Subdivision (1) or (2), refer the request for review to the agency |
|
|
under Section 35.153. |
|
|
(b) If the board determines that a library material is |
|
|
appropriate for use by students in some grade levels but not all |
|
|
grade levels, the board may add the material to both the list of |
|
|
approved material for the grade levels for which the material was |
|
|
approved and the list of rejected material for the grade levels for |
|
|
which the material was rejected. |
|
|
(c) The board may adopt criteria necessary for approval of |
|
|
library material under this section. |
|
|
Sec. 35.153. AGENCY REVIEW OF LIBRARY MATERIAL. (a) Not |
|
|
later than three weeks after the date on which the agency receives a |
|
|
referral from the board under Section 35.152(a)(3), the agency |
|
|
shall review the library material referred to the agency and direct |
|
|
the board to add the material to: |
|
|
(1) if the agency makes the determination described by |
|
|
Section 35.152(a)(1), the list of approved material described by |
|
|
that subdivision; or |
|
|
(2) if the agency makes the determination described by |
|
|
Section 35.152(a)(2), the list of rejected material described by |
|
|
that subdivision. |
|
|
(b) If the agency determines that a library material is |
|
|
appropriate for use by students in some grade levels but not all |
|
|
grade levels, the agency may direct the board to add the material to |
|
|
both the list of approved material for the grade levels for which |
|
|
the material was approved and the list of rejected material for the |
|
|
grade levels for which the material was rejected. |
|
|
(c) If the board has adopted criteria for the review of |
|
|
library material under Section 35.152(c), the agency shall use the |
|
|
adopted criteria to complete the agency's review under this |
|
|
section. |
|
|
Sec. 35.154. USE OF CERTAIN LIBRARY MATERIAL PROHIBITED. A |
|
|
school district or open-enrollment charter school may not allow a |
|
|
student enrolled in the district or school to reserve, check out, or |
|
|
otherwise use outside the school library any library material on: |
|
|
(1) the list of library material for which a request |
|
|
for review is pending under Section 35.151(b), if the student is in |
|
|
a grade level for which the material is under review; or |
|
|
(2) the list of rejected material described by Section |
|
|
35.152(a)(2), if the student is in a grade level for which the |
|
|
material was rejected. |
|
|
Sec. 35.155. RULES. (a) The board may adopt rules as |
|
|
necessary to implement a provision of this subchapter that the |
|
|
board is responsible for implementing. |
|
|
(b) The commissioner may adopt rules as necessary to |
|
|
implement a provision of this subchapter that the commissioner or |
|
|
agency is responsible for implementing. |
|
|
SECTION 8. Not later than January 1, 2026, the State Board |
|
|
of Education shall develop and make available on the board's |
|
|
Internet website the form on which a parent of a student enrolled in |
|
|
a school district or open-enrollment charter school may submit a |
|
|
request for review of library material as required by Section |
|
|
35.151, Education Code, as added by this Act. |
|
|
SECTION 9. This Act takes effect September 1, 2025. |