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A BILL TO BE ENTITLED
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AN ACT
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relating to the standards for 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. Section 33.021(d), Education Code, is amended to |
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read as follows: |
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(d) The standards adopted under Subsection (c) must: |
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(1) be reviewed and updated at least once every five |
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years; and |
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(2) include a collection development policy that: |
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(A) prohibits the possession, acquisition, and |
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purchase of: |
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(i) harmful material, as defined by Section |
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43.24, Penal Code; |
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(ii) library material rated sexually |
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explicit material by the selling library material vendor; [or] |
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(iii) library material that is pervasively |
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vulgar or educationally unsuitable as referenced in Pico v. Board |
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of Education, 457 U.S. 853 (1982); or |
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(iv) library material included on the list |
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maintained by the Texas Department of Criminal Justice of |
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publications an inmate may not receive in a correctional facility; |
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(B) recognizes that obscene content is not |
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protected by the First Amendment to the United States Constitution; |
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(C) is required for all library materials |
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available for use or display, including material contained in |
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school libraries, classroom libraries, and online catalogs; |
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(D) recognizes that parents are the primary |
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decision makers regarding a student's access to library material; |
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(E) encourages schools to provide library |
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catalog transparency; |
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(F) recommends schools communicate effectively |
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with parents regarding collection development; and |
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(G) prohibits the removal of material based |
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solely on the: |
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(i) ideas contained in the material; or |
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(ii) personal background of: |
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(a) the author of the material; or |
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(b) characters in the material. |
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SECTION 2. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 3. 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. |