| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to Internet safety and technology protection policies in |
|
|
public schools and libraries. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 38, Education Code, is |
|
|
amended by adding Section 38.0233 to read as follows: |
|
|
Sec. 38.0233. INTERNET SAFETY AND TECHNOLOGY PROTECTION |
|
|
POLICY. (a) The board of trustees of a school district or the |
|
|
governing body of an open-enrollment charter school shall adopt an |
|
|
Internet safety and technology protection policy to protect a |
|
|
student accessing the Internet or using online instructional |
|
|
materials, technology, subscriptions, or other online resources or |
|
|
services, including online school library resources or |
|
|
subscriptions. The policy must: |
|
|
(1) require the district or school to comply with the |
|
|
Children's Internet Protection Act (Pub. L. No. 106-554); |
|
|
(2) require a vendor of online instructional |
|
|
materials, technology, subscriptions, or other online resources or |
|
|
services purchased by the district or school for access or use by a |
|
|
student to certify compliance with the federal prohibition against |
|
|
the transfer of obscene materials to minors under 18 U.S.C. Section |
|
|
1470 and the sale, distribution, or display of harmful material to a |
|
|
minor under Section 43.24, Penal Code; and |
|
|
(3) create a procedure that allows the public to: |
|
|
(A) report concerns related to access of the |
|
|
Internet or use of online instructional materials, technology, |
|
|
subscriptions, or other online resources or services by district or |
|
|
school students; and |
|
|
(B) receive a response to those concerns from the |
|
|
district or school. |
|
|
(b) A school district or open-enrollment charter school |
|
|
shall annually submit a report to the agency regarding concerns |
|
|
reported to the district or school under the procedure developed |
|
|
under Subsection (a)(3). The agency shall annually publish the |
|
|
reports received under this section for each district or school on |
|
|
the agency's Internet website. |
|
|
(c) A school district, an open-enrollment charter school, |
|
|
and the agency shall use all available legal and contractual |
|
|
enforcement options to ensure compliance with this section. |
|
|
Notwithstanding any other law, the commissioner shall withhold from |
|
|
a school district or open-enrollment charter school that is not in |
|
|
compliance with Subsections (a) and (b) the district's or school's |
|
|
entitlement under Chapters 46 and 48 until the district or school |
|
|
comes into compliance. |
|
|
(d) The commissioner shall adopt rules as necessary to |
|
|
implement this section. |
|
|
SECTION 2. Chapter 441, Government Code, is amended by |
|
|
adding Subchapter O to read as follows: |
|
|
SUBCHAPTER O. INTERNET SAFETY AND TECHNOLOGY PROTECTION POLICY |
|
|
Sec. 441.251. DEFINITION. In this subchapter, "public |
|
|
library" has the meaning assigned by Section 441.122. |
|
|
Sec. 441.252. INTERNET SAFETY AND TECHNOLOGY PROTECTION |
|
|
POLICY. (a) A public library shall adopt an Internet safety and |
|
|
technology protection policy to protect a minor accessing the |
|
|
Internet or online library resources or services, including |
|
|
subscriptions. The policy must: |
|
|
(1) require the library to comply with the Children's |
|
|
Internet Protection Act (Pub. L. No. 106-554); |
|
|
(2) require a vendor of online resources or services |
|
|
purchased by the library for access or use by a minor to certify |
|
|
compliance with the federal prohibition against the transfer of |
|
|
obscene materials to minors under 18 U.S.C. Section 1470 and the |
|
|
sale, distribution, or display of harmful material to a minor under |
|
|
Section 43.24, Penal Code; and |
|
|
(3) create a procedure for the public to: |
|
|
(A) report concerns related to a minor's access |
|
|
of the Internet or use of online library resources or services |
|
|
through the library; and |
|
|
(B) receive a response to those concerns from the |
|
|
library. |
|
|
(b) A public library shall annually submit a report to the |
|
|
commission regarding concerns reported to the library under the |
|
|
procedure developed under Subsection (a)(3). The commission shall |
|
|
annually publish the reports received under this section for each |
|
|
public library on the commission's Internet website. |
|
|
(c) A public library and the commission shall use all |
|
|
available legal and contractual enforcement options to ensure |
|
|
compliance with this section. A public library not in compliance |
|
|
with Subsections (a) and (b) is ineligible for state funding. |
|
|
(d) The commission shall adopt rules as necessary to |
|
|
implement this section. |
|
|
SECTION 3. As soon as practicable after the effective date |
|
|
of this Act: |
|
|
(1) each school district and open-enrollment charter |
|
|
school shall adopt an Internet safety and technology protection |
|
|
policy as required by Section 38.0233, Education Code, as added by |
|
|
this Act; and |
|
|
(2) each public library shall adopt an Internet safety |
|
|
and technology protection policy as required by Section 411.252, |
|
|
Government Code, as added by this Act. |
|
|
SECTION 4. As soon as practicable after the effective date |
|
|
of this Act: |
|
|
(1) the commissioner of education shall adopt rules |
|
|
for the administration of Section 38.0233, Education Code, as added |
|
|
by this Act; and |
|
|
(2) The Texas State Library and Archives Commission |
|
|
shall adopt rules for the administration of Section 411.252, |
|
|
Government Code, as added by this Act. |
|
|
SECTION 5. This Act takes effect September 1, 2025. |