89R17426 RAL-F

By: Money H.B. No. 5485

A BILL TO BE ENTITLED

AN ACT

relating to the standards for a school district's library collection development policies; providing a civil penalty.

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

SECTION 1. Section 33.021, Education Code, is amended by amending Subsections (a) and (d) and adding Subsections (e), (f), (g), (h), (i), and (j) to read as follows:

(a) In this section:

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

(2) "Profane content" means content that includes grossly offensive language that is considered a public nuisance.

(3) "Sexually [, "sexually] explicit material" means any communication, language, or material, including a written description, illustration, photographic image, video image, or audio file, other than library material directly related to the curriculum required under Section 28.002(a), that describes, depicts, or portrays sexual conduct, as defined by Section 43.25, Penal Code, in a way that is patently offensive, as defined by Section 43.21, Penal Code.

(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);

(iv) sexually explicit material; or

(v) library material containing profane content;

(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) requires [encourages] schools to provide library catalog transparency;

(F) requires [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;

(H) recognizes that a school district is responsible for identifying and removing materials prohibited under Paragraph (A); and

(I) recognizes that a resident of a school district has the right to challenge the inclusion of library material in the district's library catalog if the resident believes the material:

(i) is prohibited under Paragraph (A); or

(ii) does not adhere to prevailing community standards for minors.

(e) For purposes of a school district's library collection development policies, the State Board of Education shall establish specific criteria for school districts to use to determine whether library material is educationally unsuitable as described by Subsection (d)(2)(A)(iii).

(f) A committee established by a school district to review a challenge to the inclusion of a library material in the district's library catalog:

(1) must use the standards adopted under Subsection (c) to review the material; and

(2) is subject to Chapter 551, Government Code.

(g) A school district that violates this section or a school district whose employee violates the district's library collection development policies developed in accordance with this section is liable to the state for a civil penalty in an amount not to exceed $10,000 for each violation. The attorney general may investigate any alleged violation of this section and may sue to collect the civil penalty described by this subsection.

(h) A suit or petition under Subsection (g) may be filed in a district court in:

(1) Travis County; or

(2) a county in which the principal office of the school district is located.

(i) The attorney general may recover reasonable expenses incurred in obtaining relief under this section, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.

(j) Sovereign immunity to suit is waived and abolished to the extent of liability created by this section.

SECTION 2. It is the intent of the legislature that every provision, section, subsection, sentence, clause, phrase, or word in this Act, and every application of the provisions in this Act to every person, group of persons, or circumstances, is severable from each other. If any application of any provision in this Act to any person, group of persons, or circumstances is found by a court to be invalid for any reason, the remaining applications of that provision to all other persons and circumstances shall be severed and may not be affected.

SECTION 3. Not later than January 1, 2026:

(1) the Texas State Library and Archives Commission shall adopt the standards for school library collection development as required under Section 33.021, Education Code, as amended by this Act; and

(2) the State Board of Education shall establish the criteria for school districts to use in determining whether library material is educationally unsuitable as required under Section 33.021(e), Education Code, as added by this Act.

SECTION 4. 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 5. This Act applies beginning with the 2026-2027 school year.

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.