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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain public school library materials. |
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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. ACCESS TO CERTAIN LIBRARY MATERIALS. (a) In |
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this section, "library material" means any book, record, file, or |
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other instrument or document listed in a school district's or |
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open-enrollment charter school's library catalog. |
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(b) Notwithstanding any other provision of this chapter, a |
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school district or open-enrollment charter school may not remove |
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any library material from the district's or school's library |
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catalog. Instead of removing library materials, each school |
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district or open-enrollment charter school shall, in consultation |
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with district or school parents, teachers, and administrators, |
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adopt procedures to create a list of restricted access library |
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materials. A library material rated as sexually relevant material |
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under Section 35.002(a) must be included in the list of restricted |
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access library materials. |
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(c) A school district or open-enrollment charter school may |
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not allow a student to access library materials designated as |
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restricted access library materials under Subsection (b) in the |
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catalog of a school library at the district or school unless the |
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district or school first obtains written consent from the student's |
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parent or person standing in parental relation to the student |
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authorizing the student's access to that library material. |
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SECTION 2. Section 35.005, Education Code, is repealed. |
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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. |