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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements regarding certain student resources |
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provided to public and private school students by a public or |
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private primary or secondary school, institution of higher |
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education, state agency, or public library. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.043 to read as follows: |
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Sec. 38.043. REQUIREMENTS REGARDING CERTAIN STUDENT |
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RESOURCES. (a) In this section: |
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(1) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(2) "Library" means: |
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(A) a public library or a library system, as |
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defined by Section 441.122, Government Code; |
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(B) a library operated by an institution of |
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higher education, a school district, or an open-enrollment charter |
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school; or |
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(C) a library operated by a state agency or |
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political subdivision. |
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(3) "Provider" means a person, including a vendor, who |
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provides student resources. |
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(4) "Student" means a child enrolled as a student in |
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prekindergarten through 12th grade in a public or private school in |
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this state. |
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(5) "Student resources" means physical, digital, or |
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online library resources, access to databases, and curriculum and |
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supportive materials for use by a student. |
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(b) A school district, open-enrollment charter school, |
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private school, institution of higher education, state agency, or |
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library may not provide student resources to a student unless the |
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resource has been verified by the provider of the resource for |
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compliance with Subsection (c). |
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(c) A provider shall adopt safety policies and technology |
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protections to verify that the student resources the provider |
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provides to a school district, open-enrollment charter school, |
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private school, institution of higher education, state agency, or |
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library: |
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(1) do not contain or allow access to a communication, |
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written description, photographic image, video image, or audio |
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file, that relates to, depicts, or describes: |
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(A) a material or performance that is obscene, as |
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defined by Section 43.21, Penal Code; |
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(B) child pornography, as described by Section |
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43.26, Penal Code; or |
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(C) sexual exploitation, as defined by Section |
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81.001, Civil Practice and Remedies Code; |
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(2) do not allow a student to receive, send, upload, or |
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download a communication, written description, photographic image, |
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video image, or audio file described by Subdivision (1); and |
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(3) filter or block a student's access to an item |
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described by Subdivisions (1) and (2). |
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(d) Before providing any student resources to a school |
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district, open-enrollment charter school, private school, |
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institution of higher education, state agency, or library, a |
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provider shall notify the receiving entity regarding whether those |
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student resources comply with Subsection (c). |
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(e) If a contract between a provider and a school district, |
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open-enrollment charter school, private school, institution of |
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higher education, state agency, or library for the provision of |
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student resources is in effect, failure by a provider to comply with |
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Subsections (c) and (d) entitles the representative of a school |
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district, open-enrollment charter school, private school, |
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institution of higher education, state agency, or library to: |
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(1) terminate the contract for nonperformance or |
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breach of contract; or |
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(2) withhold any further payments, if any, to the |
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provider pending verification and notice of compliance with |
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Subsections (c) and (d). |
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(f) This section may not be construed to limit or otherwise |
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affect a person's criminal liability under other law. |
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SECTION 2. Not later than December 1 of each year, each |
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entity that receives "student resources" from a "provider," as |
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those terms are defined by Section 38.043, Education Code, as added |
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by this Act, shall report to the legislature regarding any issues |
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with provider compliance related to the requirements of that |
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section. |
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SECTION 3. This Act takes effect September 1, 2023. |