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A BILL TO BE ENTITLED
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AN ACT
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relating to a review of library materials included in public school |
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libraries; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 35, Education Code, is amended by adding |
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Section 35.0061 to read as follows: |
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Sec. 35.0061. REVIEW OF LIBRARY MATERIAL. (a) Each school |
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district and open-enrollment charter school shall adopt a policy |
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under which any resident of this state may request a review of |
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library material in the catalog of a district or school library to |
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ensure compliance with state law and district or school policies. |
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(b) A review of library materials under this section must be |
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conducted: |
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(1) in addition to any review a school district or |
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open-enrollment charter school conducts in accordance with Section |
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35.006; and |
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(2) by the board of trustees of the school district or |
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the governing body of the open-enrollment charter school. |
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(c) A policy adopted under Subsection (a) must require the |
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board of trustees of a school district or the governing body of an |
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open-enrollment charter school to make a determination regarding |
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the library material at a public meeting not later than the sum of: |
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(1) the 30th day after the date the request is made; |
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and |
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(2) seven days for each library material requested to |
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be reviewed after the first. |
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(d) Each school district and open enrollment charter school |
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shall post on the district's or school's Internet website: |
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(1) the policy adopted under Subsection (a); and |
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(2) the determination for each review conducted under |
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this section. |
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(e) A member of the board of trustees of a school district or |
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governing body of an open-enrollment charter school who fails to |
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conduct a review as required by this section is liable to the state |
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for a civil penalty in an amount not to exceed $500 for each |
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violation. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, each school district and open-enrollment charter |
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school shall adopt the policy for the review of library materials |
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required by Section 35.0061, Education Code, as added by this Act. |
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SECTION 3. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |