89R5970 PRL-D

By: Schatzline H.B. No. 4056

A BILL TO BE ENTITLED

AN ACT

relating to school district policies regarding the selection, removal, and replacement of library materials.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 33, Education Code, is amended by adding Section 33.020 to read as follows:

Sec. 33.020. DEFINITIONS. In this subchapter:

(1) "Harmful material" has the meaning assigned by Section 43.24, Penal Code.

(2) "Library material" means any electronic, print, or nonprint resource, excluding a textbook, for independent use by a student or faculty member outside of a school district's core educational program.

SECTION 2. Section 33.021(d), Education Code, is amended to read as follows:

(d) The standards adopted under Subsection (c) must:

(1) be reviewed and updated at least once every five years; and

(2) include a collection development policy that:

(A) prohibits the possession, acquisition, and purchase of:

(i) harmful material[, as defined by Section 43.24, Penal Code];

(ii) library material rated sexually explicit material by the selling library material vendor; or

(iii) library material that is pervasively vulgar or educationally unsuitable as referenced in Board of Education v. Pico [v. Board of Education], 457 U.S. 853 (1982);

(B) recognizes that obscene content is not protected by the First Amendment to the United States Constitution;

(C) is required for all library materials available for use or display, including material contained in school libraries, classroom libraries, and online catalogs;

(D) recognizes that parents are the primary decision makers regarding a student's access to library material;

(E) encourages schools to provide library catalog transparency;

(F) recommends schools communicate effectively with parents regarding collection development; [and]

(G) prohibits the removal of material based solely on the:

(i) ideas contained in the material; or

(ii) personal background of:

(a) the author of the material; or

(b) characters in the material; and

(H) demonstrates a commitment to compliance with the Children's Internet Protection Act (Pub. L. No. 106-554), including through the use of technology protection measures, as defined by that Act.

SECTION 3. Subchapter B, Chapter 33, Education Code, is amended by adding Sections 33.023, 33.024, 33.025, and 33.026 to read as follows:

Sec. 33.023. SELECTION CRITERIA. (a) A district-level library supervisor or designated administrator shall work cooperatively with the school district's library staff, faculty, and administration to interpret and guide the district's application of the standards adopted under Section 33.021(c) in selecting a library material.

(b) To ensure parental engagement, a school district shall make the selection process of a library material readily available for parental review by:

(1) posting a list of each library material on the district's Internet website; and

(2) making the content of each library material available for direct review during reasonable hours specified for that purpose.

(c) A library material selected by a school district must:

(1) support and enrich the curriculum or students' personal interests and learning;

(2) meet high standards in:

(A) literary, artistic, and aesthetic quality;

(B) technical aspects; and

(C) physical format;

(3) be appropriate for the subject area and for the age, intellectual development, and ability level of the students for whom the material is selected;

(4) for a nonfiction resource, incorporate accurate and authentic factual content from authoritative sources;

(5) earn favorable reviews in standard reviewing sources or favorable recommendations based on preview and examination of materials by professionals; and

(6) balance cost with need.

(d) In addition to the criteria described in Subsection (c), a school district must determine that fiction, narrative nonfiction, and graphic novels:

(1) are integral to the district's instructional program;

(2) reflect the interests and needs of students and faculty;

(3) are appropriate for the reading levels and understanding of students;

(4) should be included because of their literary or artistic value and merit; and

(5) if narrative nonfiction, present information with the greatest degree of accuracy and clarity.

(e) A district-level library supervisor or designated administrator must read, review, and recommend for inclusion in the school district's collection any library material before that material may be selected for inclusion in the district's collection. If the district requires more support or resources for a review of a library material under this subsection, the district's board of trustees may approve the engagement of a cooperative of other school districts in this state and rely on the cooperative's recommendations.

Sec. 33.024. CHALLENGE PROCEDURES. (a) Subject to Subsection (k), a parent of a student enrolled in a school district or any person who resides within the district may challenge a library material used in the district's educational program on the basis of appropriateness.

(b) A school district receiving a complaint regarding the appropriateness of a library material shall attempt to resolve the matter informally through a telephone conference or meeting between the complainant and the school librarian, designated administrator, or district-level library supervisor. The conference may include other staff members whom district-level library personnel consider necessary.

(c) If a complainant wishes to request that the school district reconsider the selection of a library material by the district, the district-level library supervisor or appropriate administrator shall provide the complainant with an appropriate form. The complainant shall:

(1) include all applicable concerns regarding the library material on the form; and

(2) submit the completed and signed form to a district-level library supervisor or designated administrator.

(d) Not later than the 10th business day after the date of receipt of a form requesting reconsideration submitted under Subsection (c), a district-level library supervisor or designated administrator shall appoint a reconsideration committee to review whether the challenged library material conforms to the standards adopted under Section 33.021(c).

(e) The reconsideration committee appointed under Subsection (d) must include district- and campus-level professional staff, including at least one member who has experience using the challenged material with students or who is familiar with the challenged material's content, and two parents of students. The school district superintendent or the superintendent's designee shall chair the committee. The total voting committee membership may not be an even number. The complainant is ineligible for membership on the reconsideration committee, but the committee shall thoughtfully consider the concerns expressed by the complainant on the reconsideration form.

(f) Before a meeting of a reconsideration committee appointed under Subsection (d), each member of the committee shall:

(1) read a copy of the challenged library material;

(2) review the written submission made by the complainant; and

(3) review all items on any checklist for reconsideration of a library material that the school district has adopted.

(g) After working through the checklist for consideration of a library material and any deliberations the reconsideration committee considers necessary, the committee members shall vote to adopt a determination on the disposition of the challenged library material. The major criterion for the determination is the appropriateness of the resource for the material's intended educational use. A determination of appropriateness must include a review of and compliance with:

(1) 47 U.S.C. Section 254(h)(5); and

(2) Section 43.24, Penal Code.

(h) A determination made by the reconsideration committee under Subsection (g) must be written and dated. The appropriate district-level administrator shall:

(1) provide the complainant with a copy of the determination not later than the 10th business day after the date of the determination; and

(2) notify all other appropriate staff members of the determination.

(i) A challenged library material that the reconsideration committee determines is appropriate may not be reconsidered before the first anniversary of the date of a determination under Subsection (g), and any library material removed is ineligible for consideration to be added to the school district's collection before the 10th anniversary of the date of the material's removal. The school district shall verify any previous determination before convening a reconsideration committee.

(j) A complainant may appeal the determination of a reconsideration committee by filing the appropriate school district grievance form.

(k) Challenges to a library material provided through the TexQuest program must follow the Texas State Library and Archives Commission's TexQuest content review process.

Sec. 33.025. OPPORTUNITY FOR PARENT REVIEW. (a) In recognizing that parents hold an essential role in the education of their children and have the right to guide what their children read, each library in a school district shall maintain onsite and on the library's Internet website a printed list of each library material selected for inclusion in the district's collection and each library material slated for acquisition.

(b) The school district superintendent or a designated district-level administrator shall offer a preview to parents of students in the district at least 10 days before the date on which books are to be placed on the shelves, once in the fall and once in the spring. On request of a parent of a student, audiovisual materials must be made available to the parent for in-person review on the same basis as printed materials.

Sec. 33.026. OTHER PARENTAL CONSIDERATIONS. (a) In a school district library, students are afforded the opportunity to self-select texts as part of literacy development. While librarians are trained in selecting materials in accordance with board policy and the outlined selection criteria and may provide guidance to students in selecting texts, the ultimate determination of appropriateness lies with the student and parent.

(b) School librarians or designated administrators shall encourage parents to share any considerations regarding their children's book selections. Parents may contact the campus librarian directly or complete an online form for library book opt-out decisions. School librarians shall accommodate individual requests by parents, within reason, which may include restricting specific titles or books.

SECTION 4. This Act applies beginning with the 2025-2026 school year.

SECTION 5. To the extent of any conflict, this Act prevails over another Act of the 89th Legislature, Regular Session, 2025, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 6. 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.