By: Patterson H.B. No. 1655
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of books sold to or included in public
  school libraries.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the Restricting
  Explicit and Adult-Designated Educational Resources (READER) Act.
         SECTION 2.  Section 33.021, Education Code, is amended to
  read as follows:
         Sec. 33.021.  LIBRARY STANDARDS. (a) In this section,
  "sexually explicit material" means any communication, language, or
  material, including a written description, photographic image,
  video image, or audio file, excluding library material directly
  related to required curriculum, as referenced in Section 28.002,
  Education Code, that describes or portrays sexual conduct, as
  defined by Section 43.25, Penal Code, in a patently offensive way,
  as defined by Section 43.21, Penal Code.
         (b)  The Texas State Library and Archives Commission, in
  consultation with the State Board of Education, shall adopt
  voluntary standards for school library services, other than
  collection development, that a [.  A] school district shall
  consider [the standards] in developing, implementing, or expanding
  library services.
         (c)  The Texas State Library and Archives Commission, with
  approval from the State Board of Education, shall adopt standards
  for school library collection development that a school district
  shall adhere to in developing or implementing the district's
  library collection development policies.
         (d)  The standards adopted under Subsection (b) must:
               (1)  be reviewed and, if appropriate, updated at least
  twice each year; and
               (2)  include a collection development policy that:
                     (A)  prohibits the acquisition of harmful
  material, as defined by Section 43.24, Penal Code;
                     (B)  prohibits the possession, acquisition, and
  purchasing of books rated sexually explicit material;
                     (C)  permits the exclusion from a school library
  of materials that are pervasively vulgar or educationally
  unsuitable; and
                     (D)  recognizes that obscene content is not
  protected by the First Amendment to the United States Constitution.
         SECTION 3.  Subchapter B, Chapter 33, Education Code, is
  amended by adding Section 33.024 to read as follows:
         Sec. 33.024.  PARENTAL CONSENT REQUIRED FOR ACCESS TO
  SEXUALLY RELEVANT LIBRARY MATERIALS. (a) In this section,
  "sexually relevant material" means any communication, language, or
  material, including a written description, photographic image,
  video image, or audio file, excluding library material directly
  related to required curriculum, as referenced in Section 28.002,
  Education Code, that describes or portrays sexual conduct, as
  defined by Section 43.25, Penal Code.
         (b)  A school district or open-enrollment charter school may
  not allow a student enrolled in the district or school to access
  sexually relevant materials in the catalog of a school library at
  the district or school unless the district or school first obtains
  written consent from the student's parent or person standing in
  parental relation.
         SECTION 4.  Subtitle F, Title 2, Education Code, is amended
  by adding Chapter 35 to read as follows:
  CHAPTER 35.  RESTRICTIONS ON SEXUALLY RELEVANT AND EXPLICIT BOOKS
         Sec. 35.001.  DEFINITIONS. In this chapter:
               (1)  "School book vendor" includes any entity that
  sells a book to a public primary or secondary school in this state.
               (2)  "Sexually explicit material" has the meaning
  assigned by Section 33.021(a).
               (3)  "Sexually relevant material" has the meaning
  assigned by Section 33.024(a).
         Sec. 35.002.  RATING REQUIRED. (a)  A school book vendor may
  not sell a book to a school district or open-enrollment charter
  school before issuing appropriate ratings related to sexually
  relevant material and sexually explicit material.
         (b)  A school book vendor may not sell a book containing
  sexually explicit material to a school district or open-enrollment
  charter school.
         (c)  Not later than September 1, 2023, each school book
  vendor shall develop and submit to the agency a list of each book
  containing sexually relevant material or sexually explicit
  material sold by the vendor to a school district or open-enrollment
  charter school before that date.
         (d)  Not later than September 1 of each year, each school
  book vendor shall submit to the agency a list of books rated as
  sexually relevant material or sexually explicit material, that were
  sold by the vendor to a school district or open-enrollment charter
  school during the preceding year.
         (e)  The agency shall post each list submitted under
  Subsection (b) or (c) on the agency's Internet website as soon as
  practicable.
         Sec. 35.003.  AGENCY REVIEW. (a) The agency may review a
  book not rated by a school book vendor as sexually relevant material
  or sexually explicit material in accordance with Section 35.002(a).
  If the agency determines that the book is required to be rated as
  sexually relevant material or sexually explicit material under that
  subsection, the agency shall provide written notice to the vendor.
  The notice must include information regarding the vendor's duty
  under this section.
         (b)  Not later than the 60th day after the date on which a
  school book vendor receives notice for a book under Subsection (a),
  the vendor shall:
               (1)  either:
                     (A)  rate the book as sexually relevant material
  in accordance with Section 35.002(a); or
                     (B)  rate the book as sexually explicit material
  in accordance with Section 35.002(a) and cease all sales of the book
  to a school district or open-enrollment charter school and issue a
  recall for all copies of the book sold to a school district or
  open-enrollment charter school; and
               (2)  notify the agency of the action taken under
  Subdivision (1).
         (c)  The agency shall maintain on the agency's Internet
  website a list of school book vendors who fail to comply with
  Subsection (b).
         (d)  A school district or open-enrollment charter school may
  not purchase a book from a school book vendor on the list described
  by Subsection (c).
         (e)  A school book vendor placed on the list described by
  Subsection (c) may petition the agency for removal from the list.
  The agency may remove a vendor from the list only if the agency is
  satisfied that the vendor has taken appropriate action under
  Subsection (b).
         Sec. 35.005.  LIABILITY. A school district or
  open-enrollment charter school is not liable for any claim or
  damage resulting from a school book vendor's violation of this
  chapter.
         Sec. 35.006.  REVIEW AND REPORTING OF SEXUALLY RELEVANT
  LIBRARY BOOKS. (a)  Not later than August 1 of every fifth year,
  each school district and open-enrollment charter school shall:
               (1)  review the content of each book in the catalog of a
  district or school library that is rated as sexually relevant
  material under Section 35.002(a) or included on a list submitted to
  the agency under Section 35.002(b) or (c);
               (2)  determine in accordance with the district's or
  school's policies regarding the approval, review, and
  reconsideration of school library materials whether to retain each
  book reviewed under Subdivision (1) in the school library catalog;
  and
               (3)  submit to the agency a report on the district's or
  school's actions under this subsection that includes:
                     (A)  the title of each book reviewed under
  Subdivision (1); and
                     (B)  the district's or school's decision regarding
  the book under Subdivision (2).
         (b)  Not later than August 1 of each year, each school
  district or open-enrollment charter school shall submit to the
  agency a report listing each book rated as sexually relevant
  material under Section 35.002(a) that was added to the catalog of a
  district or school library during the preceding year.
         (c)  The agency shall post on the agency's Internet website a
  report submitted under this section as soon as practicable after
  the report is received.
         Sec. 35.007.  RULES.  The commissioner may adopt rules as
  necessary to administer this chapter.
         SECTION 5.  (a)  Not later than August 1, 2024, each school
  district and open-enrollment charter school shall conduct the
  initial content review and submit the initial report required under
  Section 35.006(a), Education Code, as added by this Act.
         (b)  Not later than September 1, 2023, each school book
  vendor, as defined by Section 35.001, Education Code, as added by
  this Act, shall submit the initial list required under Section
  35.002(c), Education Code, as added by this Act.
         (c)  Not later than August 1, 2025, each school district and
  open-enrollment charter school shall submit the initial report
  required under Section 35.006(b), Education Code, as added by this
  Act.
         SECTION 6.  The changes in law made by this Act to the
  Education Code apply beginning with the 2023-2024 school year.
         SECTION 7.  (a)  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.
         (b)  If this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2023.