89R1523 TSS-D
 
  By: Middleton S.B. No. 451
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the purchase, adoption, and use of instructional
  materials by public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 31.0211(f), Education Code, is amended
  to read as follows:
         (f)  Funds allotted under this section may not be used to
  purchase instructional material that:
               (1)  contains obscene or harmful content or would
  otherwise cause the school district to which the funds were
  allotted to be unable to submit the certification required under
  Section 31.1011(a)(1)(B); or
               (2)  is on the list of rejected instructional materials
  maintained by the State Board of Education under Section 31.022(a).
         SECTION 2.  Subchapter B, Chapter 31, Education Code, is
  amended by adding Section 31.024 to read as follows:
         Sec. 31.024.  LIMITATION ON THE ADOPTION AND USE OF
  INSTRUCTIONAL MATERIAL. A school district may not adopt or
  otherwise use instructional material included on the list of
  rejected instructional materials maintained by the State Board of
  Education under Section 31.022(a). 
         SECTION 3.  Section 31.073, Education Code, is amended by
  adding Subsection (b) and amending Subsection (c) to read as
  follows:
         (b)  A school district or open-enrollment charter school may
  only adopt or otherwise use an open education resource
  instructional material that is not included on the list of rejected
  instructional materials maintained by the State Board of Education
  under Section 31.022(a).
         (c)  A school district or open-enrollment charter school may
  adopt open education resource instructional material that complies
  with Subsection (b) at any time.
         SECTION 4.  Section 31.106, Education Code, is amended to
  read as follows:
         Sec. 31.106.  USE OF LOCAL FUNDS.  In addition to any
  instructional material selected under this chapter, a school
  district or open-enrollment charter school may use local funds to
  purchase any instructional materials not included on the list of
  rejected instructional materials maintained by the State Board of
  Education under Section 31.022(a).
         SECTION 5.  This Act applies beginning with the 2025-2026
  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.