By: Hall S.B. No. 1443               A BILL TO BE ENTITLED   AN ACT   relating to public school library materials and certain   performances at public school facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 33, Education Code, is   amended by adding Sections 33.023, 33.024, and 33.025 to read as   follows:          Sec. 33.023.  PROHIBITED SCHOOL LIBRARY MATERIALS AND   CERTAIN PERFORMANCES; PARENTAL RIGHTS REGARDING SCHOOL LIBRARY   MATERIALS. (a)  A school district may not include in the catalog of   a school library of the district a book, magazine, or publication   that contains:                (1)  a depiction or description of:                      (A)  pederasty;                      (B)  pedophilia;                      (C) any type of romantic or sexual attraction   between an adult and a minor;                       (D)  masturbation, including mutual masturbation;                       (E)  sadomasochism;                      (F)  bestiality;                      (G)  sodomy;                       (H)  fellatio;                       (I) any type of romantic or sexual attraction   between individuals of the same sex;                      (J)  transvestism;                       (K)  gender dysphoria;                       (L)  transgenderism;                       (M)  sexual intercourse; or                 (2)  a referral to a website or material that contains   a depiction or description of a topic described by Subdivision (1).          (b)  A school district may not:                 (1)  host an obscene sexually oriented performance or   another performance in which a performer:                       (A) is nude, as defined by Section 102.051,   Business & Commerce Code, or uses fake breasts or a fake   penis in a manner that simulates a nude performer; and                      (B)  performs or simulates a sexual act; and                       (C)  is obscene; or                (2)  allow a person wearing drag attire or other   clothing, makeup, or physical markers associated with a sexually   oriented performance to read or perform to minors in any district   facility.          (c)  On the request of a student's parent or legal guardian,   a school district shall disclose to the parent or legal guardian the   title of each material that the student has checked out from the   catalog of a school library of the district.           (d)  This subsection does not preclude or limit:                 (1)  the enforcement of any other law or regulation   regarding conduct that is independently prohibited by the other   law or regulation and that would remain prohibited by the other law   or regulation in the absence of this section;                (2)  the ability of a state officer or state agency to   inform others regarding the prohibitions and duties under this   section and the consequences under Sections 33.024 and 33.025 for   violating this section; or                (3)  the authority of the attorney general to defend   the constitutionality of this section.           Sec. 33.024.  PURCHASE OF LIBRARY MATERIALS FROM CERTAIN   VENDORS PROHIBITED. (a) If a school district or open-enrollment   charter school determines that a material in the catalog of a   school library of the district or school is in violation of Sec.   33.023, the district or school shall report to the agency as soon   as practicable the material and the vendor from which the district   or school purchased the material.          (b)  The agency shall maintain on the agency's Internet   website a list of vendors reported to the agency under Subsection   (a). The agency shall update the list not later than the 30th day   after the date the agency receives a report under Subsection (a).          (c)  A school district or open-enrollment charter school may   not purchase materials from a vendor on the list described by   Subsection (b).           SECTION 2.  This Act applies beginning with the 2023-2024   school year.          SECTION 3.  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, 2023.