By: Patterson H.B. No. 1655
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of books sold to or included in public
school libraries.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  This Act shall be known as the Restricting
Explicit and Adult-Designated Educational Resources (READER) Act.
       SECTION 2.  Section 33.021, Education Code, is amended to
read as follows:
       Sec. 33.021.  LIBRARY STANDARDS. (a) In this section,
"sexually explicit material" means any communication, language, or
material, including a written description, photographic image,
video image, or audio file, excluding library material directly
related to required curriculum, as referenced in Section 28.002,
Education Code, that describes or portrays sexual conduct, as
defined by Section 43.25, Penal Code, in a patently offensive way,
as defined by Section 43.21, Penal Code.
       (b)  The Texas State Library and Archives Commission, in
consultation with the State Board of Education, shall adopt
voluntary standards for school library services, other than
collection development, that a [.  A] school district shall
consider [the standards] in developing, implementing, or expanding
library services.
       (c)  The Texas State Library and Archives Commission, with
approval from the State Board of Education, shall adopt standards
for school library collection development that a school district
shall adhere to in developing or implementing the district's
library collection development policies.
       (d)  The standards adopted under Subsection (b) must:
             (1)  be reviewed and, if appropriate, updated at least
twice each year; and
             (2)  include a collection development policy that:
                   (A)  prohibits the acquisition of harmful
material, as defined by Section 43.24, Penal Code;
                   (B)  prohibits the possession, acquisition, and
purchasing of books rated sexually explicit material;
                   (C)  permits the exclusion from a school library
of materials that are pervasively vulgar or educationally
unsuitable; and
                   (D)  recognizes that obscene content is not
protected by the First Amendment to the United States Constitution.
       SECTION 3.  Subchapter B, Chapter 33, Education Code, is
amended by adding Section 33.024 to read as follows:
       Sec. 33.024.  PARENTAL CONSENT REQUIRED FOR ACCESS TO
SEXUALLY RELEVANT LIBRARY MATERIALS. (a) In this section,
"sexually relevant material" means any communication, language, or
material, including a written description, photographic image,
video image, or audio file, excluding library material directly
related to required curriculum, as referenced in Section 28.002,
Education Code, that describes or portrays sexual conduct, as
defined by Section 43.25, Penal Code.
       (b)  A school district or open-enrollment charter school may
not allow a student enrolled in the district or school to access
sexually relevant materials 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.
       SECTION 4.  Subtitle F, Title 2, Education Code, is amended
by adding Chapter 35 to read as follows:
CHAPTER 35.  RESTRICTIONS ON SEXUALLY RELEVANT AND EXPLICIT BOOKS
       Sec. 35.001.  DEFINITIONS. In this chapter:
             (1)  "School book vendor" includes any entity that
sells a book to a public primary or secondary school in this state.
             (2)  "Sexually explicit material" has the meaning
assigned by Section 33.021(a).
             (3)  "Sexually relevant material" has the meaning
assigned by Section 33.024(a).
       Sec. 35.002.  RATING REQUIRED. (a)  A school book vendor may
not sell a book to a school district or open-enrollment charter
school before issuing appropriate ratings related to sexually
relevant material and sexually explicit material.
       (b)  A school book vendor may not sell a book containing

Statutes affected:
Introduced: Education Code 33.021 (Education Code 33)