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A BILL TO BE ENTITLED
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AN ACT
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relating to content ratings for books and other written materials |
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used in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 2, Education Code, is amended |
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by adding Chapter 35 to read as follows: |
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CHAPTER 35. CONTENT RATINGS FOR BOOKS AND OTHER WRITTEN MATERIALS |
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Sec. 35.001. CONTENT RATINGS REQUIRED. (a) A publisher may |
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not sell a book or other written material to a school district or |
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open-enrollment charter school unless the publisher has: |
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(1) assigned a content rating as provided by this |
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section to the book or material; and |
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(2) affixed to the cover of the book or material a |
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label indicating the content rating assigned under Subdivision (1). |
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(b) A publisher shall assign the content rating "BK-Y" to a |
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book or material that is intended for children younger than seven |
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years of age. "BK-Y" rated content may not be designed or intended |
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to frighten. |
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(c) A publisher shall assign the content rating "BK-Y7" to a |
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book or material that is intended for children seven years of age or |
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older. "BK-Y7" rated content may contain mildly frightening or |
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violent themes. |
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(d) A publisher shall assign the content rating "BK-G" to a |
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book or material that is intended for all ages. "BK-G" rated |
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content may contain little or no violent, sexual, or profane |
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themes. |
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(e) A publisher shall assign the content rating "BK-PG" to a |
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book or material that is intended to be read by young children only |
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with the guidance of an adult. "BK-PG" rated content may contain |
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suggestive dialogue or situations, infrequent profanity, and |
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moderate violence. |
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(f) A publisher shall assign the content rating "BK-14" to a |
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book or material that is intended to be read by children 14 years of |
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age or older. "BK-14" rated content may contain intensely |
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suggestive dialogue or situations, profanity, and intense |
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violence. |
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(g) A publisher shall assign the content rating "BK-MA" to a |
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book or material that is intended for persons 17 years of age or |
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older. "BK-MA" rated content may contain explicit depictions of |
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sexuality, strong profanity, and graphic violence. |
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(h) Not later than September 1, 2024, each publisher shall |
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develop and submit to the agency a list of each book or other |
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written material sold by the publisher to a school district or |
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open-enrollment charter school before that date. The list must |
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include the title of the book or material and the content rating |
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assigned to that book or material. |
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(i) The agency shall post each list submitted under |
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Subsection (h) on the agency's Internet website as soon as |
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practicable. |
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Sec. 35.002. CONTENT RATING RESTRICTIONS. A school |
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district or open-enrollment charter school may not use as |
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instructional material or make available: |
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(1) for students in a grade level below grade six, a |
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book or material rated BK-PG, BK-14, or BK-MA; or |
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(2) for students in a grade level below grade nine, a |
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book or material rated BK-14 or BK-MA. |
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Sec. 35.003. AGENCY REVIEW. (a) The agency may review a |
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content rating assigned by a publisher to a book or other written |
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material under Section 35.001. If the agency disagrees with a |
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content rating assigned by a publisher, the agency shall provide |
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written notice to the publisher. The notice must include: |
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(1) the content rating the agency would assign to the |
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book or material; and |
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(2) information regarding the publisher's duty under |
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this section. |
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(b) Not later than the 120th day after the date on which a |
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publisher receives notice for a book or other written material |
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under Subsection (a), the publisher shall: |
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(1) either: |
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(A) change the content rating for the book or |
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material to the content rating that the agency would assign, as |
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stated in the notice; or |
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(B) cease all sales of the book or material to a |
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school district or open-enrollment charter school and issue a |
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recall for all copies of the book or material sold to a school |
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district or open-enrollment charter school; and |
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(2) notify the agency of the action taken under |
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Subdivision (1). |
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(c) The agency shall maintain on the agency's Internet |
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website a list of publishers who fail to comply with Subsection (b). |
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(d) A school district or open-enrollment charter school may |
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not purchase a book or other written material from a publisher on |
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the list described by Subsection (c). |
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(e) A publisher placed on the list described by Subsection |
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(c) may petition the agency for removal from the list. The agency |
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may remove a publisher from the list only if the agency is satisfied |
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that the publisher has taken appropriate action under Subsection |
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(b). |
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Sec. 35.004. LIABILITY. A school district or |
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open-enrollment charter school is not liable for any claim or |
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damage resulting from a publisher's violation of this chapter. |
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Sec. 35.005. RULES. The commissioner may adopt rules as |
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necessary to administer this chapter. |
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SECTION 2. This Act applies beginning with the 2024-2025 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |