HB4354 - Relating to access to certain public school library materials.

  89R3920 JDK-D     By: Dutton H.B. No. 4354       A BILL TO BE ENTITLED   AN ACT   relating to access to certain public school library materials.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 35, Education Code, is amended by adding   Section 35.0061 to read as follows:           Sec.   35.0061.     ACCESS TO CERTAIN LIBRARY MATERIALS. (a) In   this section, "library material" means any book, record, file, or   other instrument or document listed in a school district's or   open-enrollment charter school's library catalog.           (b)     Notwithstanding any other provision of this chapter, a   school district or open-enrollment charter school may not remove   any library material from the district's or school's library   catalog.   Instead of removing library materials, each school   district or open-enrollment charter school shall, in consultation   with district or school parents, teachers, and administrators,   adopt procedures to create a list of restricted access library   materials.   A library material rated as sexually relevant material   under Section 35.002(a) must be included in the list of restricted   access library materials.           (c)     A school district or open-enrollment charter school may   not allow a student to access library materials designated as   restricted access library materials under Subsection (b) in the   catalog of a school library at the district or school unless the   district or school first obtains written consent from the student's   parent or person standing in parental relation to the student   authorizing the student's access to that library material.          SECTION 2.  Section 35.005, Education Code, is repealed.          SECTION 3.  This Act applies beginning with the 2025-2026   school year.          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.