By: Leo Wilson, et al. (Senate Sponsor - Middleton) H.B. No. 100          (In the Senate - Received from the House April 16, 2025;   April 24, 2025, read first time and referred to Committee on   Education K-16; May 25, 2025, reported favorably by the following   vote:  Yeas 9, Nays 0; May 25, 2025, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the purchase, adoption, and use of instructional   materials by public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 31.0211(f), Education Code, is amended   to read as follows:          (f)  Funds allotted under this section may not be used to   purchase instructional material that:                (1)  contains obscene or harmful content or would   otherwise cause the school district to which the funds were   allotted to be unable to submit the certification required under   Section 31.1011(a)(1)(B); or                (2)  is on the list of rejected instructional materials   maintained by the State Board of Education under Section 31.022(a).          SECTION 2.  Section 31.022, Education Code, is amended by   adding Subsection (b-1) to read as follows:          (b-1)  Not later than the 45th day before the date the State   Board of Education intends to add an instructional material to the   list of rejected instructional materials under Subsection (a), the   board shall add the material to a list of proposed rejected   instructional materials and issue a proclamation requesting the   revision of the applicable instructional material before the end of   the 45-day period.          SECTION 3.  Subchapter B, Chapter 31, Education Code, is   amended by adding Section 31.024 to read as follows:          Sec. 31.024.  LIMITATION ON THE ADOPTION AND USE OF   INSTRUCTIONAL MATERIAL. A school district may not adopt or   otherwise use instructional material included on the list of   rejected instructional materials maintained by the State Board of   Education under Section 31.022(a).           SECTION 4.  Section 31.073, Education Code, is amended by   adding Subsection (b) and amending Subsection (c) to read as   follows:          (b)  A school district or open-enrollment charter school may   only adopt or otherwise use an open education resource   instructional material that is not included on the list of rejected   instructional materials maintained by the State Board of Education   under Section 31.022(a).          (c)  A school district or open-enrollment charter school may   adopt open education resource instructional material that complies   with Subsection (b) at any time.          SECTION 5.  Section 31.106, Education Code, is amended to   read as follows:          Sec. 31.106.  USE OF LOCAL FUNDS.  In addition to any   instructional material selected under this chapter, a school   district or open-enrollment charter school may use local funds to   purchase any instructional materials not included on the list of   rejected instructional materials maintained by the State Board of   Education under Section 31.022(a).          SECTION 6.  This Act applies beginning with the 2025-2026   school year.          SECTION 7.  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.     * * * * *