HB3160 - Relating to Internet safety and technology protection policies in public schools and libraries.

  89R9333 AMF-F     By: Toth H.B. No. 3160       A BILL TO BE ENTITLED   AN ACT   relating to Internet safety and technology protection policies in   public schools and libraries.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 38, Education Code, is   amended by adding Section 38.0233 to read as follows:           Sec.   38.0233.     INTERNET SAFETY AND TECHNOLOGY PROTECTION   POLICY. (a) The board of trustees of a school district or the   governing body of an open-enrollment charter school shall adopt an   Internet safety and technology protection policy to protect a   student accessing the Internet or using online instructional   materials, technology, subscriptions, or other online resources or   services, including online school library resources or   subscriptions. The policy must:                 (1)     require the district or school to comply with the   Children's Internet Protection Act (Pub. L. No.   106-554);                 (2)     require a vendor of online instructional   materials, technology, subscriptions, or other online resources or   services purchased by the district or school for access or use by a   student to certify compliance with the federal prohibition against   the transfer of obscene materials to minors under 18 U.S.C. Section   1470 and the sale, distribution, or display of harmful material to a   minor under Section 43.24, Penal Code; and                 (3)  create a procedure that allows the public to:                       (A)     report concerns related to access of the   Internet or use of online instructional materials, technology,   subscriptions, or other online resources or services by district or   school students; and                       (B)     receive a response to those concerns from the   district or school.           (b)     A school district or open-enrollment charter school   shall annually submit a report to the agency regarding concerns   reported to the district or school under the procedure developed   under Subsection (a)(3). The agency shall annually publish the   reports received under this section for each district or school on   the agency's Internet website.           (c)     A school district, an open-enrollment charter school,   and the agency shall use all available legal and contractual   enforcement options to ensure compliance with this section.   Notwithstanding any other law, the commissioner shall withhold from   a school district or open-enrollment charter school that is not in   compliance with Subsections (a) and (b) the district's or school's   entitlement under Chapters 46 and 48 until the district or school   comes into compliance.           (d)     The commissioner shall adopt rules as necessary to   implement this section.          SECTION 2.  Chapter 441, Government Code, is amended by   adding Subchapter O to read as follows:   SUBCHAPTER O. INTERNET SAFETY AND TECHNOLOGY PROTECTION POLICY           Sec.   441.251.     DEFINITION. In this subchapter, "public   library" has the meaning assigned by Section 441.122.           Sec.   441.252.     INTERNET SAFETY AND TECHNOLOGY PROTECTION   POLICY. (a) A public library shall adopt an Internet safety and   technology protection policy to protect a minor accessing the   Internet or online library resources or services, including   subscriptions. The policy must:                 (1)     require the library to comply with the Children's   Internet Protection Act (Pub. L. No.   106-554);                 (2)     require a vendor of online resources or services   purchased by the library for access or use by a minor to certify   compliance with the federal prohibition against the transfer of   obscene materials to minors under 18 U.S.C. Section 1470 and the   sale, distribution, or display of harmful material to a minor under   Section 43.24, Penal Code; and                 (3)  create a procedure for the public to:                       (A)     report concerns related to a minor's access   of the Internet or use of online library resources or services   through the library; and                       (B)     receive a response to those concerns from the   library.           (b)     A public library shall annually submit a report to the   commission regarding concerns reported to the library under the   procedure developed under Subsection (a)(3). The commission shall   annually publish the reports received under this section for each   public library on the commission's Internet website.           (c)     A public library and the commission shall use all   available legal and contractual enforcement options to ensure   compliance with this section. A public library not in compliance   with Subsections (a) and (b) is ineligible for state funding.           (d)     The commission shall adopt rules as necessary to   implement this section.          SECTION 3.  As soon as practicable after the effective date   of this Act:                (1)  each school district and open-enrollment charter   school shall adopt an Internet safety and technology protection   policy as required by Section 38.0233, Education Code, as added by   this Act; and                (2)  each public library shall adopt an Internet safety   and technology protection policy as required by Section 411.252,   Government Code, as added by this Act.          SECTION 4.  As soon as practicable after the effective date   of this Act:                (1)  the commissioner of education shall adopt rules   for the administration of Section 38.0233, Education Code, as added   by this Act; and                (2)  The Texas State Library and Archives Commission   shall adopt rules for the administration of Section 411.252,   Government Code, as added by this Act.          SECTION 5.  This Act takes effect September 1, 2025.