Zwiener Library Bill Makes Pulled Books Cost Up To $5,000 Each

The text as introduced · 1,218 words

By: Zwiener
H.B. No. 5635

A BILL TO BE ENTITLED

AN ACT

relating to the use, curation, and censorship of library materials

at public libraries.

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

SECTION 1. Chapter 441, Government Code, is amended by

adding Subchapter O to read as follows:

SUBCHAPTER O. FREE ACCESS TO LIBRARY MATERIALS

Sec. 441.261. DEFINITIONS. In this subchapter:

(1) "Censor" means to engage in the act of censorship.

(2) "Censorship" means the governmental suppression

of library materials on the basis of disagreement with the content

of the materials, including on the basis of morality, religion,

politics, or the materials' depiction of race, gender, or

sexuality. The term includes:

(A) prohibiting or interfering with the

acquisition of materials; and

(B) removing, hiding, restricting access to, or

restricting the searchability of materials, including by requiring

parental consent.

(3) "Governmental entity" means:

(A) this state or a political subdivision of this

state; and

(B) any agency of this state or a political

subdivision of this state, including a department, bureau, board,

commission, office, agency, council, institution of higher

education, or public school.

(4) "Institution of higher education" has the meaning

assigned by Section 61.003, Education Code.

(5) "Librarian" means an employee of a public library

whose duties include the selection, purchase, curation, display,

and removal of library materials.

(6) "Library materials" means fictional and

non-fictional electronic, print, and nonprint resources for use by

library patrons, including books, audiobooks, movies, videos,

periodicals, databases, games, maps, charts, graphs, and

interactive applications and software.

(7) "Member" means a member of the governing body of a

governmental entity with voting authority.

(8) "Public library" means a public library or library

system, as defined by Section 441.122, or other library operated by

a governmental entity. The term includes a public school library.

(9) "Public school" means an independent school

district or an open-enrollment charter school established under

Chapter 12, Education Code.

Sec. 441.262. CENSORSHIP PROHIBITED. A governmental entity

may not censor library materials in a public library.

Sec. 441.263. RIGHTS TO SHARE AND ENCOUNTER IDEAS. Except

as provided by Section 441.264:

(1) an author, creator, or publisher of library

materials is entitled to communicate the author's, creator's, or

publisher's ideas to any individual who is interested in the ideas;

and

(2) a patron of a public library, including a public

school student, is entitled to encounter the ideas without

governmental interference.

Sec. 441.264. CURATION OF LIBRARY MATERIALS. (a) A

librarian may curate a public library's collection of library

materials based on recognized, nonideological professional

standards to ensure the collection meets the educational,

informational, enrichment, and entertainment needs of the

community the library serves, provided that the librarian's

curation of library materials is not exercised in a narrowly

partisan or political manner.

(b) A governmental entity may not require a librarian to

include or remove any specific library materials in a public

library for a political purpose.

Sec. 441.265. GOVERNING BODY APPEAL. (a) A person may

appeal to the governing body of a public library's governmental

entity the censorship of library materials by the library or

entity.

(b) Library materials subject to an appeal under this

section must remain in the public library and be available to the

public until the final resolution of the appeal, including any

applicable judicial review. If the governing body elects to censor

the library materials at the conclusion of the appeal, the

governing body shall provide a written, substantive reason for the

censorship and make the reason publicly available.

(c) A person is not required to exhaust the person's

administrative remedies under this section before seeking other

remedies under this subchapter.

Sec. 441.266. LIBRARIAN ACTION. (a) A librarian who has

been subjected to discipline, termination, or threats of discipline

or termination for refusing to censor library materials may bring

an action against a governmental entity or member who ordered the

censorship for damages arising from the discipline, termination, or

threats.

(b) In an action brought under this section, a prevailing

claimant may recover:

(1) compensatory damages;

(2) exemplary damages;

(3) declaratory relief;

(4) injunctive relief; and

(5) reasonable attorney's fees and costs, including

expert witness fees, incurred in bringing the action.

Sec. 441.267. STUDENT AND PARENT OR GUARDIAN ACTION. (a) A

student or the student's parent or legal guardian may bring an

action against a governmental entity or member who orders or

enforces censorship of library materials in a public library of a

public school in which the student is enrolled.

(b) In an action brought under this section, a prevailing

claimant may recover:

(1) statutory damages in an amount that is not less

than $500 and not more than $5,000 for each library material subject

to censorship;

(2) declaratory relief;

(3) injunctive relief; and

(4) reasonable attorney's fees and costs, including

expert witness fees, incurred in bringing the action.

Sec. 441.268. AUTHOR, BOOKSELLER, AND PUBLISHER ACTION.

(a) An author, bookseller, or publisher whose library materials

are subject to censorship may bring an action against a

governmental entity that enforces the censorship.

(b) A claimant who prevails in an action under this section

is entitled to recover:

(1) statutory damages in an amount that is not less

than $500 and not more than $5,000 for each library material subject

to censorship;

(2) declaratory relief;

(3) injunctive relief; and

(4) reasonable attorney's fees and costs, including

expert witness fees, incurred in bringing the action.

Sec. 441.269. MEMBER LIABILITY; DEFENSES. (a) A member is

liable in the member's personal capacity and jointly and severally

liable to a claimant in an action brought under Section 441.266 or

441.267 against the member.

(b) It is an affirmative defense to personal liability under

this subchapter that a member was acting under the direction of a

binding state or federal authority.

(c) A member may not assert official immunity or other forms

of immunity as a defense to liability under this subchapter.

Sec. 441.270. SOVEREIGN AND GOVERNMENTAL IMMUNITY WAIVED.

A governmental entity's sovereign or governmental immunity to suit

and from liability is waived to the extent of liability created by

this subchapter.

Sec. 441.271. LIMITATION ON PAYMENT OF COSTS. (a) A

governmental entity may not use money that would otherwise be

allocated to a public library to pay the costs of an action brought

under this subchapter.

Sec. 441.272. STATUTE OF LIMITATIONS. An action brought

under this subchapter must be filed not later than the first

anniversary after the date the cause of action accrues.

Sec. 441.273. CAUSE OF ACTION CUMULATIVE. The cause of

actions created by Sections 441.266, 441.267, and 441.268 of this

subchapter are cumulative of any other remedy provided by common

law or statute.

SECTION 2. 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 3. (a) Subchapter O, Chapter 441, Government Code,

as added by this Act, applies only to a cause of action that accrues

on or after the effective date of this Act.

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.