SB 13, Hse 2nd Rdg, Amnd #8

Amend CSSB 13 (house committee report) on page 13, by striking lines 18 through 21 and substituting the following:

catalog, the person who submitted the written challenge under Subsection (a)(1) may appeal that decision to the State Board of Education under Subchapter B-1.

SECTION 5. Chapter 33, Education Code, is amended by adding Subchapter B-1 to read as follows:

SUBCHAPTER B-1. STATE REVIEW OF LIBRARY MATERIAL

Sec. 33.041. DEFINITION. In this subchapter, "board" means the State Board of Education.

Sec. 33.042. BOARD REVIEW OF LIBRARY MATERIAL. (a) Not later than three weeks after the date the board receives an appeal under Section 33.027(h), the board shall review the library material that is the subject of the challenge 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; or

(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.

(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.

Sec. 33.043. USE OF CERTAIN LIBRARY MATERIAL PROHIBITED. If the board adds a library material that was the subject of an appeal under Section 33.027(h) to the list of rejected material described by Section 33.042(a)(2), the school district in which that library material was appealed may not allow a student enrolled in the district to reserve, check out, or otherwise use outside the school library the library material after the date on which the board adds the library material to the list of rejected material, if the student is in a grade level for which the material was rejected.