HB183 - Relating to the regulation and the review of certain library materials included in public school libraries.

  89R1386 TSS-D     By: Patterson H.B. No. 183       A BILL TO BE ENTITLED   AN ACT   relating to the regulation and the review of certain library   materials included in public school libraries.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 35, Education Code, is amended by   designating Section 35.001 as Subchapter A and adding a subchapter   heading to read as follows:   SUBCHAPTER A. GENERAL PROVISIONS          SECTION 2.  Section 35.001, Education Code, is amended by   amending Subdivision (1) and adding Subdivision (1-a) to read as   follows:                (1)   "Board" means the State Board of Education.                 (1-a) "Library material vendor" includes any entity   that sells library material to a public primary or secondary school   in this state.          SECTION 3.  Chapter 35, Education Code, is amended by   designating Sections 35.002, 35.0021, 35.003, 35.004, 35.005,   35.006, 35.007, and 35.008 as Subchapter B and adding a subchapter   heading to read as follows:   SUBCHAPTER B. LIBRARY MATERIAL RATINGS          SECTION 4.  Section 35.004, Education Code, is amended to   read as follows:          Sec. 35.004.  LIABILITY.  A school district or   open-enrollment charter school or a teacher, librarian, or other   staff member employed by a district or school is not liable for any   claim or damage resulting from a library material vendor's   violation of this subchapter [ chapter ].          SECTION 5.  Section 35.007, Education Code, is amended to   read as follows:          Sec. 35.007.  RULES.  The commissioner may adopt rules as   necessary to administer this subchapter [ chapter ].          SECTION 6.  Section 35.008, Education Code, is amended to   read as follows:          Sec. 35.008.  ASSISTANCE OF AGENCY.  The agency may provide   assistance to school districts and open-enrollment charter schools   in complying with this subchapter [ chapter ].          SECTION 7.  Chapter 35, Education Code, is amended by adding   Subchapter C to read as follows:   SUBCHAPTER C. STATE REVIEW OF LIBRARY MATERIAL           Sec.   35.151.     PARENTAL REQUEST FOR REVIEW. (a)   The board   shall develop and make available on the board's Internet website a   form that the parent of a student enrolled in a school district or   open-enrollment charter school in this state may use to submit a   request to the board to review library material in the catalog of   the district or school library that the parent believes:                 (1)     is inappropriate for use by students in one or more   of the grade levels for which the material is available; or                 (2)  contains sexually explicit material.           (b)     The board shall maintain on the board's Internet website   a list of library material for which a request for review submitted   under Subsection (a) is pending. The list must specify the grade   levels for which the material is under review.           Sec.   35.152.     BOARD REVIEW OF LIBRARY MATERIAL. (a)   Not   later than three weeks after the date the board receives a request   for review of library material under Section 35.151, the board   shall review the library material and:                 (1)     if the board determines that the material is   appropriate for use by students in certain grade levels and does not   contain sexually explicit material, add the material to a list of   approved material maintained on the board's Internet website and   specify the grade levels for which the material was approved;                 (2)     if the board determines that the material is   inappropriate for use by students in certain grade levels or   contains sexually explicit material, add the material to a list of   rejected material maintained on the board's Internet website and   specify the grade levels for which the material was rejected; or                 (3)     if the board cannot make a determination under   Subdivision (1) or (2), refer the request for review to the agency   under Section 35.153.           (b)     If the board determines that a library material is   appropriate for use by students in some grade levels but not all   grade levels, the board may add the material to both the list of   approved material for the grade levels for which the material was   approved and the list of rejected material for the grade levels for   which the material was rejected.           (c)     The board may adopt criteria necessary for approval of   library material under this section.           Sec.   35.153.     AGENCY REVIEW OF LIBRARY MATERIAL. (a)   Not   later than three weeks after the date on which the agency receives a   referral from the board under Section 35.152(a)(3), the agency   shall review the library material referred to the agency and direct   the board to add the material to:                 (1)     if the agency makes the determination described by   Section 35.152(a)(1), the list of approved material described by   that subdivision; or                 (2)     if the agency makes the determination described by   Section 35.152(a)(2), the list of rejected material described by   that subdivision.           (b)     If the agency determines that a library material is   appropriate for use by students in some grade levels but not all   grade levels, the agency may direct the board to add the material to   both the list of approved material for the grade levels for which   the material was approved and the list of rejected material for the   grade levels for which the material was rejected.           (c)     If the board has adopted criteria for the review of   library material under Section 35.152(c), the agency shall use the   adopted criteria to complete the agency's review under this   section.           Sec.   35.154.     USE OF CERTAIN LIBRARY MATERIAL PROHIBITED. A   school district or open-enrollment charter school may not allow a   student enrolled in the district or school to reserve, check out, or   otherwise use outside the school library any library material on:                 (1)     the list of library material for which a request   for review is pending under Section 35.151(b), if the student is in   a grade level for which the material is under review; or                 (2)     the list of rejected material described by Section   35.152(a)(2), if the student is in a grade level for which the   material was rejected.           Sec.   35.155.     RULES. (a)   The board may adopt rules as   necessary to implement a provision of this subchapter that the   board is responsible for implementing.           (b)     The commissioner may adopt rules as necessary to   implement a provision of this subchapter that the commissioner or   agency is responsible for implementing.          SECTION 8.  Not later than January 1, 2026, the State Board   of Education shall develop and make available on the board's   Internet website the form on which a parent of a student enrolled in   a school district or open-enrollment charter school may submit a   request for review of library material as required by Section   35.151, Education Code, as added by this Act.          SECTION 9.  This Act takes effect September 1, 2025.