88(R) HB 900 - Enrolled version - Bill Text

	H.B.  No.  900

Statutes affected:
Introduced: Education Code 33.021 (Education Code 33)
House Committee Report: Education Code 33.021 (Education Code 33)
Engrossed: Education Code 33.021 (Education Code 33)
Senate Committee Report: Education Code 33.021 (Education Code 33)
Enrolled: Education Code 33.021 (Education Code 33)

	AN ACT
	relating to the regulation of library materials 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, illustration,
	photographic image, video image, or audio file, other than library
	material directly related to the curriculum required under Section
	28.002(a), that describes, depicts, or portrays sexual conduct, as
	defined by Section 43.25, Penal Code,  in a way that is patently
	offensive, 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 by majority vote of 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 (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);, 457 U.S. 853 (1982);
	(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;
	(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.
	SECTION  3.    Subtitle F, Title 2, Education Code, is amended
	by adding Chapter 35 to read as follows:
	CHAPTER 35. REGULATION OF CERTAIN LIBRARY MATERIAL
	Sec.  35.001.    DEFINITIONS.  In this chapter:
	(1)    "Library material vendor" includes any entity that