Districts Face Up To $10K Per Library Violation

The text as introduced · 889 words

89R12116 RAL-F

By: Richardson
H.B. No. 4198

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), and (i) to read as follows:

(a) In this section :

(1) "Harmful material" has the meaning assigned by

Section 43.24, Penal Code.

(2) "Indecent content" means content that portrays

sexual or excretory organs or activities in a way that is patently

offensive.

(3) "Profane content" means content that includes

grossly offensive language that is considered a public nuisance.

(4) "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) sexually explicit material [ library

material that is pervasively vulgar or educationally unsuitable as

referenced in Pico v. Board of Education, 457 U.S. 853 (1982) ]; or

(iv) library material containing indecent

or 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) 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.

(f) 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.

(g) A suit or petition under Subsection (f) 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.

(h) 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.

(i) 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 the beginning of the 2025-2026

school year, 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.

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 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.