| |
| |
| |
|
|
AN ACT
|
|
|
relating to the purchase, adoption, and use of instructional |
|
|
materials by public schools. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 31.0211(f), Education Code, is amended |
|
|
to read as follows: |
|
|
(f) Funds allotted under this section may not be used to |
|
|
purchase instructional material that: |
|
|
(1) contains obscene or harmful content or would |
|
|
otherwise cause the school district to which the funds were |
|
|
allotted to be unable to submit the certification required under |
|
|
Section 31.1011(a)(1)(B); or |
|
|
(2) is on the list of rejected instructional materials |
|
|
maintained by the State Board of Education under Section 31.022(a). |
|
|
SECTION 2. Section 31.022, Education Code, is amended by |
|
|
adding Subsection (b-1) to read as follows: |
|
|
(b-1) Not later than the 45th day before the date the State |
|
|
Board of Education intends to add an instructional material to the |
|
|
list of rejected instructional materials under Subsection (a), the |
|
|
board shall add the material to a list of proposed rejected |
|
|
instructional materials and issue a proclamation requesting the |
|
|
revision of the applicable instructional material before the end of |
|
|
the 45-day period. |
|
|
SECTION 3. Subchapter B, Chapter 31, Education Code, is |
|
|
amended by adding Section 31.024 to read as follows: |
|
|
Sec. 31.024. LIMITATION ON THE ADOPTION AND USE OF |
|
|
INSTRUCTIONAL MATERIAL. A school district may not adopt or |
|
|
otherwise use instructional material included on the list of |
|
|
rejected instructional materials maintained by the State Board of |
|
|
Education under Section 31.022(a). |
|
|
SECTION 4. Section 31.073, Education Code, is amended by |
|
|
adding Subsection (b) and amending Subsection (c) to read as |
|
|
follows: |
|
|
(b) A school district or open-enrollment charter school may |
|
|
only adopt or otherwise use an open education resource |
|
|
instructional material that is not included on the list of rejected |
|
|
instructional materials maintained by the State Board of Education |
|
|
under Section 31.022(a). |
|
|
(c) A school district or open-enrollment charter school may |
|
|
adopt open education resource instructional material that complies |
|
|
with Subsection (b) at any time. |
|
|
SECTION 5. Section 31.106, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 31.106. USE OF LOCAL FUNDS. In addition to any |
|
|
instructional material selected under this chapter, a school |
|
|
district or open-enrollment charter school may use local funds to |
|
|
purchase any instructional materials not included on the list of |
|
|
rejected instructional materials maintained by the State Board of |
|
|
Education under Section 31.022(a). |
|
|
SECTION 6. This Act applies beginning with the 2026-2027 |
|
|
school year. |
|
|
SECTION 7. The change in law made by this Act applies to |
|
|
instructional materials placed or maintained on the list of |
|
|
rejected materials by the State Board of Education under Section |
|
|
31.022(a), Education Code, on or after the school year in which this |
|
|
Act applies. |
|
|
SECTION 8. 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. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 100 was passed by the House on April |
|
|
16, 2025, by the following vote: Yeas 103, Nays 42, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 100 on May 29, 2025, by the following vote: Yeas 112, Nays 28, |
|
|
1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 100 was passed by the Senate, with |
|
|
amendments, on May 27, 2025, by the following vote: Yeas 27, Nays |
|
|
4. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |