Patterson Library Bill Bans Rejected Books Everywhere But The Library

The text as introduced · 1,080 words

89R1386 TSS-D

By: Patterson
H.B. No. 183

A BILL TO BE ENTITLED

AN ACT

relating to the regulation and the review of certain library

materials included in public school libraries.

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

SECTION 1. Chapter 35, Education Code, is amended by

designating Section 35.001 as Subchapter A and adding a subchapter

heading to read as follows:

SUBCHAPTER A. GENERAL PROVISIONS

SECTION 2. Section 35.001, Education Code, is amended by

amending Subdivision (1) and adding Subdivision (1-a) to read as

follows:

(1) "Board" means the State Board of Education.

(1-a) "Library material vendor" includes any entity

that sells library material to a public primary or secondary school

in this state.

SECTION 3. Chapter 35, Education Code, is amended by

designating Sections 35.002, 35.0021, 35.003, 35.004, 35.005,

35.006, 35.007, and 35.008 as Subchapter B and adding a subchapter

heading to read as follows:

SUBCHAPTER B. LIBRARY MATERIAL RATINGS

SECTION 4. Section 35.004, Education Code, is amended to

read as follows:

Sec. 35.004. LIABILITY. A school district or

open-enrollment charter school or a teacher, librarian, or other

staff member employed by a district or school is not liable for any

claim or damage resulting from a library material vendor's

violation of this subchapter [ chapter ].

SECTION 5. Section 35.007, Education Code, is amended to

read as follows:

Sec. 35.007. RULES. The commissioner may adopt rules as

necessary to administer this subchapter [ chapter ].

SECTION 6. Section 35.008, Education Code, is amended to

read as follows:

Sec. 35.008. ASSISTANCE OF AGENCY. The agency may provide

assistance to school districts and open-enrollment charter schools

in complying with this subchapter [ chapter ].

SECTION 7. Chapter 35, Education Code, is amended by adding

Subchapter C to read as follows:

SUBCHAPTER C. STATE REVIEW OF LIBRARY MATERIAL

Sec. 35.151. PARENTAL REQUEST FOR REVIEW. (a) The board

shall develop and make available on the board's Internet website a

form that the parent of a student enrolled in a school district or

open-enrollment charter school in this state may use to submit a

request to the board to review library material in the catalog of

the district or school library that the parent believes:

(1) is inappropriate for use by students in one or more

of the grade levels for which the material is available; or

(2) contains sexually explicit material.

(b) The board shall maintain on the board's Internet website

a list of library material for which a request for review submitted

under Subsection (a) is pending. The list must specify the grade

levels for which the material is under review.

Sec. 35.152. BOARD REVIEW OF LIBRARY MATERIAL. (a) Not

later than three weeks after the date the board receives a request

for review of library material under Section 35.151, the board

shall review the library material and:

(1) if the board determines that the material is

appropriate for use by students in certain grade levels and does not

contain sexually explicit material, add the material to a list of

approved material maintained on the board's Internet website and

specify the grade levels for which the material was approved;

(2) if the board determines that the material is

inappropriate for use by students in certain grade levels or

contains sexually explicit material, add the material to a list of

rejected material maintained on the board's Internet website and

specify the grade levels for which the material was rejected; or

(3) if the board cannot make a determination under

Subdivision (1) or (2), refer the request for review to the agency

under Section 35.153.

(b) If the board determines that a library material is

appropriate for use by students in some grade levels but not all

grade levels, the board may add the material to both the list of

approved material for the grade levels for which the material was

approved and the list of rejected material for the grade levels for

which the material was rejected.

(c) The board may adopt criteria necessary for approval of

library material under this section.

Sec. 35.153. AGENCY REVIEW OF LIBRARY MATERIAL. (a) Not

later than three weeks after the date on which the agency receives a

referral from the board under Section 35.152(a)(3), the agency

shall review the library material referred to the agency and direct

the board to add the material to:

(1) if the agency makes the determination described by

Section 35.152(a)(1), the list of approved material described by

that subdivision; or

(2) if the agency makes the determination described by

Section 35.152(a)(2), the list of rejected material described by

that subdivision.

(b) If the agency determines that a library material is

appropriate for use by students in some grade levels but not all

grade levels, the agency may direct the board to add the material to

both the list of approved material for the grade levels for which

the material was approved and the list of rejected material for the

grade levels for which the material was rejected.

(c) If the board has adopted criteria for the review of

library material under Section 35.152(c), the agency shall use the

adopted criteria to complete the agency's review under this

section.

Sec. 35.154. USE OF CERTAIN LIBRARY MATERIAL PROHIBITED. A

school district or open-enrollment charter school may not allow a

student enrolled in the district or school to reserve, check out, or

otherwise use outside the school library any library material on:

(1) the list of library material for which a request

for review is pending under Section 35.151(b), if the student is in

a grade level for which the material is under review; or

(2) the list of rejected material described by Section

35.152(a)(2), if the student is in a grade level for which the

material was rejected.

Sec. 35.155. RULES. (a) The board may adopt rules as

necessary to implement a provision of this subchapter that the

board is responsible for implementing.

(b) The commissioner may adopt rules as necessary to

implement a provision of this subchapter that the commissioner or

agency is responsible for implementing.

SECTION 8. Not later than January 1, 2026, the State Board

of Education shall develop and make available on the board's

Internet website the form on which a parent of a student enrolled in

a school district or open-enrollment charter school may submit a

request for review of library material as required by Section

35.151, Education Code, as added by this Act.

SECTION 9. This Act takes effect September 1, 2025.