Paxton Library Bill Makes Every New Book Wait 30 Days

The text as introduced · 2,647 words

89R6171 PRL-D

By: Paxton, et al.
S.B. No. 13

A BILL TO BE ENTITLED

AN ACT

relating to a school district's library materials and catalog, the

creation of local school library advisory councils, and parental

rights regarding public school library catalogs and access by the

parent's child to library materials.

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

SECTION 1. Section 26.004(b), Education Code, is amended to

read as follows:

(b) A parent is entitled to access to all written records of

a school district concerning the parent's child, including:

(1) attendance records;

(2) test scores;

(3) grades;

(4) disciplinary records;

(5) counseling records;

(6) psychological records;

(7) applications for admission;

(8) health and immunization information;

(9) teacher and school counselor evaluations;

(10) reports of behavioral patterns; [ and ]

(11) records relating to assistance provided for

learning difficulties, including information collected regarding

any intervention strategies used with the child ; and

(12) records relating to school library materials the

child obtains from a school library .

SECTION 2. Subchapter B, Chapter 33, Education Code, is

amended by adding Section 33.020 to read as follows:

Sec. 33.020. DEFINITIONS. In this subchapter:

(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) "Library material" means any book, record, file,

or other instrument or document in a school district's library

catalog. The term does not include instructional material, as

defined by Section 31.002, or materials procured for the TexShare

consortium under Subchapter M, Chapter 441, Government Code.

(4) "Profane content" means content that includes

grossly offensive language that is considered a public nuisance.

SECTION 3. Section 33.021, Education Code, is amended by

amending Subsection (d) and adding Subsection (e) 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 containing indecent

content 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 , and

library mobile applications ;

(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 ; and

(H) demonstrates a commitment to compliance with

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

including through the use of technology protection measures, as

defined by that Act .

(e) A school district may adopt local policies and

procedures in addition to the standards adopted under Subsection

(c) that do not conflict with the standards adopted under that

subsection or other requirements of this code.

SECTION 4. Subchapter B, Chapter 33, Education Code, is

amended by adding Sections 33.023, 33.024, 33.025, 33.026, and

33.027 to read as follows:

Sec. 33.023. PARENTAL ACCESS TO LIBRARY CATALOG AND ACCESS

BY THE PARENT'S CHILD TO CERTAIN LIBRARY MATERIALS. (a) A school

district or open-enrollment charter school shall adopt procedures

that provide for a parent of a child enrolled in the district or

school to:

(1) access the catalog of available library materials

at each school library in the district or school; and

(2) submit to the district or school a list of library

materials that the parent's child may not be allowed to check out or

otherwise access for use outside of the school library.

(b) The procedures adopted under Subsection (a)(2) must

allow for a parent to submit a list of library materials through:

(1) an electronic or physical form; or

(2) the district's or school's online library catalog

system.

(c) A school district or open-enrollment charter school may

not allow a student to check out or otherwise use outside the school

library a library material the student's parent has included in a

list submitted under Subsection (a)(2).

Sec. 33.024. PARENTAL ACCESS TO STUDENT LIBRARY RECORDS.

Each school district and open-enrollment charter school that uses a

learning management system or an online learning portal shall,

through the system or portal, provide to each parent of a child

enrolled in the district or school a record of each time the

parent's child checks out or otherwise uses outside the school

library a library material. The record must include, as

applicable, the title, author, genre, and return date of the

library material.

Sec. 33.025. LOCAL SCHOOL LIBRARY ADVISORY COUNCIL. (a)

The board of trustees of each school district shall establish a

local school library advisory council to assist the district in

ensuring that local community values are reflected in each school

library catalog in the district.

(b) Except as provided by Section 33.026(d), a school

district must consider the recommendations of the local school

library advisory council before:

(1) adding library materials to a school library

catalog;

(2) removing library materials from a school library

catalog following a challenge under Section 33.027; or

(3) making changes to policies or guidelines related

to a school library catalog.

(c) The local school library advisory council's duties

include recommending:

(1) policies and procedures for the acquisition of

library materials consistent with local community values;

(2) to the board of trustees whether library materials

proposed for acquisition under Section 33.026 are appropriate for

each grade level of the school or campus for which the library

materials are proposed to be acquired;

(3) if feasible, joint use agreements or strategies

for collaboration between the school district and local public

libraries and community organizations;

(4) the removal of any library materials that the

council determines to be:

(A) harmful material or material containing

indecent content or profane content; or

(B) inconsistent with local community values;

(5) the policies and procedures for processing

challenges received under Section 33.027; and

(6) the action to be taken by the district in response

to a challenge received under Section 33.027.

(d) Any recommendation made by the local school library

advisory council must adhere to the library standards approved

under Section 33.021.

(e) The local school library advisory council must consist

of at least five members, with each member appointed by the board of

trustees, and with each trustee appointing an equal number of

members. A majority of the voting members of the council must be

persons who are parents of students enrolled in the district and who

are not employed by the district. One of those members shall serve

as chair of the council. The board of trustees may also appoint one

or more persons to serve as nonvoting members of the council from

any of the following groups:

(1) classroom teachers employed by the district;

(2) librarians employed by the district;

(3) school counselors certified under Subchapter B,

Chapter 21, employed by the district;

(4) school administrators employed by the district;

(5) district students;

(6) the business community; and

(7) the clergy.

(f) The local school library advisory council shall meet at

least two times each year. For each meeting, the council shall:

(1) at least 72 hours before the meeting:

(A) post notice of the date, hour, place, and

subject of the meeting on a bulletin board in the central

administrative office of each campus in the school district; and

(B) ensure that the notice required under

Paragraph (A) is posted on the district's Internet website, if the

district has an Internet website;

(2) prepare and maintain minutes of the meeting that

state the subject and content of each deliberation and each vote,

order, decision, or other action taken by the council during the

meeting;

(3) make an audio or video recording of the meeting;

and

(4) not later than the 10th day after the meeting,

submit the minutes and audio or video recording of the meeting to

the district.

(g) As soon as practicable after receipt of the minutes and

audio or video recording under Subsection (f)(4), the school

district shall post the minutes and audio or video recording on the

district's Internet website, if the district has an Internet

website.

Sec. 33.026. ACQUISITION OF LIBRARY MATERIALS. (a) The

board of trustees of a school district shall adopt a policy for the

acquisition of library materials, including procedures for the

procurement of library materials and the receipt of donated library

materials. The policy must require the board to:

(1) approve all library materials that have been

donated to or that are to be procured by a school library in the

district, with the advice and recommendations of the district's

local school library advisory council established under Section

33.025;

(2) make the list of library materials that have been

donated to or that are proposed to be procured by a school library

accessible for review by the public for at least 30 days before

final approval;

(3) approve or reject the list of library materials

that have been donated to or that are proposed to be procured by a

school library in an open meeting; and

(4) ensure compliance with the library standards

approved under Section 33.021.

(b) Each member of the board of trustees of a school

district is entitled to:

(1) review each list of library materials that have

been donated to or that are proposed to be procured by a school

library in the district; and

(2) propose changes to each list described by

Subdivision (1) before the board votes to approve or reject the

list.

(c) A school district may not add a donated library material

to the school library catalog or otherwise make the donated library

material available for student use unless the board of trustees of

the district approves the addition of that donated library material

to the school library catalog for the grade levels for which the

material is intended.

(d) This section does not apply to library materials that

have been donated to or that are to be procured by a school library

that:

(1) replace a damaged copy of a library material that

is currently in the school library catalog;

(2) are additional copies of a library material that

is currently in the school library catalog; or

(3) have been approved for the same grade levels by the

board of trustees of the school district from a previous proposed

list of library materials.

Sec. 33.027. CHALLENGE OR APPEAL REGARDING LIBRARY

MATERIALS; LOCAL SCHOOL LIBRARY ADVISORY COUNCIL RECOMMENDATIONS.

(a) A parent of or person standing in parental relation to a

student enrolled in a school district, a person employed by the

district, or a person residing in the district may submit:

(1) to the district a written challenge to any library

material in the catalog of a school library in the district using

the form adopted under Subsection (d); or

(2) to the district's board of trustees an appeal of an

action taken by the district in response to a written challenge

received under Subdivision (1).

(b) Not later than the fifth day after the date on which a

school district receives a written challenge under Subsection

(a)(1), the district shall provide a copy of the challenge to the

district's local school library advisory council established under

Section 33.025. The council shall make a recommendation for action

by the district not later than the 90th day after the date on which

the council receives the copy.

(c) If the procedures recommended by the local school

library advisory council and adopted by the board of trustees

permit the appointment of library material review committees that

consist of persons who are not members of the council to review

library materials challenged under Subsection (a)(1), the council

may base the council's recommendation for action to be taken by the

district under Subsection (b) on the recommendation of a library

material review committee if the committee consists of at least

five persons appointed by the board of trustees, a majority of whom

are parents of students enrolled in the school district and are not

employed by the district.

(d) The agency shall adopt and post on the agency's Internet

website a form to be used in making a written challenge under

Subsection (a)(1). Each school district shall post the form on the

district's Internet website, if the district has an Internet

website. The form shall require the person submitting the form to

identify how the challenged library material violates the library

standards approved under Section 33.021.

(e) In taking action on a written challenge submitted under

Subsection (a)(1) or an appeal under Subsection (a)(2), the board

of trustees of a school district shall consider:

(1) the advice of the district's local school library

advisory council; and

(2) whether the library material challenged under

Subsection (a)(1) or appealed under Subsection (a)(2) is suitable

for the subject and grade level for which the library material is

intended, including by considering:

(A) whether the library material adheres to the

library standards approved under Section 33.021; and

(B) reviews, if any, of the library material

conducted by academic experts specializing in the subject covered

by the library material or in the education of students in the

subject and grade level for which the library material is intended.

(f) A school district that receives a challenge to a library

material under Subsection (a)(1) shall prohibit students enrolled

in the district from accessing the library material until the

district takes action in response to the challenge.

(g) If a challenge to a library material submitted under

Subsection (a)(1) results in the board of trustees, with the

recommendation of the local school library advisory council,

removing the library material from a school library catalog, the

board shall notify each teacher assigned as the classroom teacher

at the grade level for which the library material was determined to

be not appropriate and instruct the teacher to remove any copy of

the library material from the teacher's classroom library, if

applicable.

SECTION 5. 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 6. Before the first day of the 2025-2026 school

year, the board of trustees of each school district shall:

(1) establish and appoint members of the local school

library advisory council as required by Section 33.025, Education

Code, as added by this Act; and

(2) adopt a policy for the acquisition of library

materials as required by Section 33.026, Education Code, as added

by this Act.

SECTION 7. This Act applies beginning with the 2025-2026

school year.

SECTION 8. 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.