bill requiring Internet safety policies in schools and libraries

The text as introduced · 814 words

89R9333 AMF-F

By: Toth
H.B. No. 3160

A BILL TO BE ENTITLED

AN ACT

relating to Internet safety and technology protection policies in

public schools and libraries.

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

SECTION 1. Subchapter A, Chapter 38, Education Code, is

amended by adding Section 38.0233 to read as follows:

Sec. 38.0233. INTERNET SAFETY AND TECHNOLOGY PROTECTION

POLICY. (a) The board of trustees of a school district or the

governing body of an open-enrollment charter school shall adopt an

Internet safety and technology protection policy to protect a

student accessing the Internet or using online instructional

materials, technology, subscriptions, or other online resources or

services, including online school library resources or

subscriptions. The policy must:

(1) require the district or school to comply with the

Children's Internet Protection Act (Pub. L. No. 106-554);

(2) require a vendor of online instructional

materials, technology, subscriptions, or other online resources or

services purchased by the district or school for access or use by a

student to certify compliance with the federal prohibition against

the transfer of obscene materials to minors under 18 U.S.C. Section

1470 and the sale, distribution, or display of harmful material to a

minor under Section 43.24, Penal Code; and

(3) create a procedure that allows the public to:

(A) report concerns related to access of the

Internet or use of online instructional materials, technology,

subscriptions, or other online resources or services by district or

school students; and

(B) receive a response to those concerns from the

district or school.

(b) A school district or open-enrollment charter school

shall annually submit a report to the agency regarding concerns

reported to the district or school under the procedure developed

under Subsection (a)(3). The agency shall annually publish the

reports received under this section for each district or school on

the agency's Internet website.

(c) A school district, an open-enrollment charter school,

and the agency shall use all available legal and contractual

enforcement options to ensure compliance with this section.

Notwithstanding any other law, the commissioner shall withhold from

a school district or open-enrollment charter school that is not in

compliance with Subsections (a) and (b) the district's or school's

entitlement under Chapters 46 and 48 until the district or school

comes into compliance.

(d) The commissioner shall adopt rules as necessary to

implement this section.

SECTION 2. Chapter 441, Government Code, is amended by

adding Subchapter O to read as follows:

SUBCHAPTER O. INTERNET SAFETY AND TECHNOLOGY PROTECTION POLICY

Sec. 441.251. DEFINITION. In this subchapter, "public

library" has the meaning assigned by Section 441.122.

Sec. 441.252. INTERNET SAFETY AND TECHNOLOGY PROTECTION

POLICY. (a) A public library shall adopt an Internet safety and

technology protection policy to protect a minor accessing the

Internet or online library resources or services, including

subscriptions. The policy must:

(1) require the library to comply with the Children's

Internet Protection Act (Pub. L. No. 106-554);

(2) require a vendor of online resources or services

purchased by the library for access or use by a minor to certify

compliance with the federal prohibition against the transfer of

obscene materials to minors under 18 U.S.C. Section 1470 and the

sale, distribution, or display of harmful material to a minor under

Section 43.24, Penal Code; and

(3) create a procedure for the public to:

(A) report concerns related to a minor's access

of the Internet or use of online library resources or services

through the library; and

(B) receive a response to those concerns from the

library.

(b) A public library shall annually submit a report to the

commission regarding concerns reported to the library under the

procedure developed under Subsection (a)(3). The commission shall

annually publish the reports received under this section for each

public library on the commission's Internet website.

(c) A public library and the commission shall use all

available legal and contractual enforcement options to ensure

compliance with this section. A public library not in compliance

with Subsections (a) and (b) is ineligible for state funding.

(d) The commission shall adopt rules as necessary to

implement this section.

SECTION 3. As soon as practicable after the effective date

of this Act:

(1) each school district and open-enrollment charter

school shall adopt an Internet safety and technology protection

policy as required by Section 38.0233, Education Code, as added by

this Act; and

(2) each public library shall adopt an Internet safety

and technology protection policy as required by Section 411.252,

Government Code, as added by this Act.

SECTION 4. As soon as practicable after the effective date

of this Act:

(1) the commissioner of education shall adopt rules

for the administration of Section 38.0233, Education Code, as added

by this Act; and

(2) The Texas State Library and Archives Commission

shall adopt rules for the administration of Section 411.252,

Government Code, as added by this Act.

SECTION 5. This Act takes effect September 1, 2025.