prison banned-book list comes to school libraries

The text as introduced · 325 words

89R9385 KJE-D

By: Hopper
H.B. No. 5021

A BILL TO BE ENTITLED

AN ACT

relating to the standards for public school library materials.

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

SECTION 1. Section 33.021(d), Education Code, is amended to

read as follows:

(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) 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 included on the list

maintained by the Texas Department of Criminal Justice of

publications an inmate may not receive in a correctional facility;

(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) encourages schools to provide library

catalog transparency;

(F) 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.

SECTION 2. This Act applies beginning with the 2025-2026

school year.

SECTION 3. 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.