Superintendents Personally Risk $10K Per Library Book Not Pulled

The text as introduced · 277 words

89R10767 PRL-D

By: Patterson
H.B. No. 4010

A BILL TO BE ENTITLED

AN ACT

relating to a school district's library collection development

policies; authorizing a civil penalty.

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

SECTION 1. The heading to Section 33.021, Education Code,

is amended to read as follows:

Sec. 33.021. LIBRARY STANDARDS ; CIVIL PENALTY .

SECTION 2. Section 33.021, Education Code, is amended by

adding Subsection (e) to read as follows:

(e) Not later than the 30th day after the date a school

district is notified that a library material found in a school

library, classroom library, or online catalog does not adhere to

the standards adopted under Subsection (c), the district shall

remove the material. A superintendent of a school district that

does not remove a library material as required by this subsection is

liable to the state for a civil penalty in an amount not to exceed

$10,000 for each violation. A person commits a separate violation

for each library material that is not removed in violation of this

subsection except multiple copies of the same library material do

not constitute separate violations. The attorney general may

investigate any alleged violation of this section and may bring an

action to recover the civil penalty described by this subsection.

SECTION 3. This Act applies beginning with the 2025-2026

school year.

SECTION 4. 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.