89R6171 PRL-D     By: Paxton, et al. S.B. No. 13       A BILL TO BE ENTITLED   AN ACT   relating to a school district's library materials and catalog, the   creation of local school library advisory councils, and parental   rights regarding public school library catalogs and access by the   parent's child to library materials.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 26.004(b), Education Code, is amended to   read as follows:          (b)  A parent is entitled to access to all written records of   a school district concerning the parent's child, including:                (1)  attendance records;                (2)  test scores;                (3)  grades;                (4)  disciplinary records;                (5)  counseling records;                (6)  psychological records;                (7)  applications for admission;                (8)  health and immunization information;                (9)  teacher and school counselor evaluations;                (10)  reports of behavioral patterns; [and]                (11)  records relating to assistance provided for   learning difficulties, including information collected regarding   any intervention strategies used with the child; and                (12)  records relating to school library materials the   child obtains from a school library.          SECTION 2.  Subchapter B, Chapter 33, Education Code, is   amended by adding Section 33.020 to read as follows:          Sec. 33.020.  DEFINITIONS. In this subchapter:                (1)  "Harmful material" has the meaning assigned by   Section 43.24, Penal Code.                (2)  "Indecent content" means content that portrays   sexual or excretory organs or activities in a way that is patently   offensive.                (3)  "Library material" means any book, record, file,   or other instrument or document in a school district's library   catalog.  The term does not include instructional material, as   defined by Section 31.002, or materials procured for the TexShare   consortium under Subchapter M, Chapter 441, Government Code.                (4)  "Profane content" means content that includes   grossly offensive language that is considered a public nuisance.          SECTION 3.  Section 33.021, Education Code, is amended by   amending Subsection (d) and adding Subsection (e) to read as   follows:          (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); or                            (iv)  library material containing indecent   content or profane content;                      (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, and   library mobile applications;                      (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; and                      (H)  demonstrates a commitment to compliance with   the Children's Internet Protection Act (Pub. L. No. 106-554),   including through the use of technology protection measures, as   defined by that Act.          (e)  A school district may adopt local policies and   procedures in addition to the standards adopted under Subsection   (c) that do not conflict with the standards adopted under that   subsection or other requirements of this code.          SECTION 4.  Subchapter B, Chapter 33, Education Code, is   amended by adding Sections 33.023, 33.024, 33.025, 33.026, and   33.027 to read as follows:          Sec. 33.023.  PARENTAL ACCESS TO LIBRARY CATALOG AND ACCESS   BY THE PARENT'S CHILD TO CERTAIN LIBRARY MATERIALS. (a)  A school   district or open-enrollment charter school shall adopt procedures   that provide for a parent of a child enrolled in the district or   school to:                (1)  access the catalog of available library materials   at each school library in the district or school; and                (2)  submit to the district or school a list of library   materials that the parent's child may not be allowed to check out or   otherwise access for use outside of the school library.          (b)  The procedures adopted under Subsection (a)(2) must   allow for a parent to submit a list of library materials through:                (1)  an electronic or physical form; or                 (2)  the district's or school's online library catalog   system.          (c)  A school district or open-enrollment charter school may   not allow a student to check out or otherwise use outside the school   library a library material the student's parent has included in a   list submitted under Subsection (a)(2).          Sec. 33.024.  PARENTAL ACCESS TO STUDENT LIBRARY RECORDS.     Each school district and open-enrollment charter school that uses a   learning management system or an online learning portal shall,   through the system or portal, provide to each parent of a child   enrolled in the district or school a record of each time the   parent's child checks out or otherwise uses outside the school   library a library material. The record must include, as   applicable, the title, author, genre, and return date of the   library material.          Sec. 33.025.  LOCAL SCHOOL LIBRARY ADVISORY COUNCIL. (a)     The board of trustees of each school district shall establish a   local school library advisory council to assist the district in   ensuring that local community values are reflected in each school   library catalog in the district.          (b)  Except as provided by Section 33.026(d), a school   district must consider the recommendations of the local school   library advisory council before:                (1)  adding library materials to a school library   catalog;                (2)  removing library materials from a school library   catalog following a challenge under Section 33.027; or                (3)  making changes to policies or guidelines related   to a school library catalog.          (c)  The local school library advisory council's duties   include recommending:                (1)  policies and procedures for the acquisition of   library materials consistent with local community values;                (2)  to the board of trustees whether library materials   proposed for acquisition under Section 33.026 are appropriate for   each grade level of the school or campus for which the library   materials are proposed to be acquired;                (3)  if feasible, joint use agreements or strategies   for collaboration between the school district and local public   libraries and community organizations;                (4)  the removal of any library materials that the   council determines to be:                      (A)  harmful material or material containing   indecent content or profane content; or                      (B)  inconsistent with local community values;                (5)  the policies and procedures for processing   challenges received under Section 33.027; and                (6)  the action to be taken by the district in response   to a challenge received under Section 33.027.          (d)  Any recommendation made by the local school library   advisory council must adhere to the library standards approved   under Section 33.021.          (e)  The local school library advisory council must consist   of at least five members, with each member appointed by the board of   trustees, and with each trustee appointing an equal number of   members.  A majority of the voting members of the council must be   persons who are parents of students enrolled in the district and who   are not employed by the district.  One of those members shall serve   as chair of the council.  The board of trustees may also appoint one   or more persons to serve as nonvoting members of the council from   any of the following groups:                (1)  classroom teachers employed by the district;                (2)  librarians employed by the district;                (3)  school counselors certified under Subchapter B,   Chapter 21, employed by the district;                (4)  school administrators employed by the district;                (5)  district students;                (6)  the business community; and                (7)  the clergy.          (f)  The local school library advisory council shall meet at   least two times each year.  For each meeting, the council shall:                (1)  at least 72 hours before the meeting:                      (A)  post notice of the date, hour, place, and   subject of the meeting on a bulletin board in the central   administrative office of each campus in the school district; and                      (B)  ensure that the notice required under   Paragraph (A) is posted on the district's Internet website, if the   district has an Internet website;                (2)  prepare and maintain minutes of the meeting that   state the subject and content of each deliberation and each vote,   order, decision, or other action taken by the council during the   meeting;                (3)  make an audio or video recording of the meeting;   and                (4)  not later than the 10th day after the meeting,   submit the minutes and audio or video recording of the meeting to   the district.          (g)  As soon as practicable after receipt of the minutes and   audio or video recording under Subsection (f)(4), the school   district shall post the minutes and audio or video recording on the   district's Internet website, if the district has an Internet   website.          Sec. 33.026.  ACQUISITION OF LIBRARY MATERIALS. (a)  The   board of trustees of a school district shall adopt a policy for the   acquisition of library materials, including procedures for the   procurement of library materials and the receipt of donated library   materials.  The policy must require the board to:                (1)  approve all library materials that have been   donated to or that are to be procured by a school library in the   district, with the advice and recommendations of the district's   local school library advisory council established under Section   33.025;                (2)  make the list of library materials that have been   donated to or that are proposed to be procured by a school library   accessible for review by the public for at least 30 days before   final approval;                (3)  approve or reject the list of library materials   that have been donated to or that are proposed to be procured by a   school library in an open meeting; and                (4)  ensure compliance with the library standards   approved under Section 33.021.          (b)  Each member of the board of trustees of a school   district is entitled to:                (1)  review each list of library materials that have   been donated to or that are proposed to be procured by a school   library in the district; and                (2)  propose changes to each list described by   Subdivision (1) before the board votes to approve or reject the   list.          (c)  A school district may not add a donated library material   to the school library catalog or otherwise make the donated library   material available for student use unless the board of trustees of   the district approves the addition of that donated library material   to the school library catalog for the grade levels for which the   material is intended.          (d)  This section does not apply to library materials that   have been donated to or that are to be procured by a school library   that:                (1)  replace a damaged copy of a library material that   is currently in the school library catalog;                (2)  are additional copies of a library material that   is currently in the school library catalog; or                (3)  have been approved for the same grade levels by the   board of trustees of the school district from a previous proposed   list of library materials.          Sec. 33.027.  CHALLENGE OR APPEAL REGARDING LIBRARY   MATERIALS; LOCAL SCHOOL LIBRARY ADVISORY COUNCIL RECOMMENDATIONS.     (a)  A parent of or person standing in parental relation to a   student enrolled in a school district, a person employed by the   district, or a person residing in the district may submit:                (1)  to the district a written challenge to any library   material in the catalog of a school library in the district using   the form adopted under Subsection (d); or                (2)  to the district's board of trustees an appeal of an   action taken by the district in response to a written challenge   received under Subdivision (1).          (b)  Not later than the fifth day after the date on which a   school district receives a written challenge under Subsection   (a)(1), the district shall provide a copy of the challenge to the   district's local school library advisory council established under   Section 33.025.  The council shall make a recommendation for action   by the district not later than the 90th day after the date on which   the council receives the copy.          (c)  If the procedures recommended by the local school   library advisory council and adopted by the board of trustees   permit the appointment of library material review committees that   consist of persons who are not members of the council to review   library materials challenged under Subsection (a)(1), the council   may base the council's recommendation for action to be taken by the   district under Subsection (b) on the recommendation of a library   material review committee if the committee consists of at least   five persons appointed by the board of trustees, a majority of whom   are parents of students enrolled in the school district and are not   employed by the district.          (d)  The agency shall adopt and post on the agency's Internet   website a form to be used in making a written challenge under   Subsection (a)(1).  Each school district shall post the form on the   district's Internet website, if the district has an Internet   website.  The form shall require the person submitting the form to   identify how the challenged library material violates the library   standards approved under Section 33.021.          (e)  In taking action on a written challenge submitted under   Subsection (a)(1) or an appeal under Subsection (a)(2), the board   of trustees of a school district shall consider:                (1)  the advice of the district's local school library   advisory council; and                (2)  whether the library material challenged under   Subsection (a)(1) or appealed under Subsection (a)(2) is suitable   for the subject and grade level for which the library material is   intended, including by considering:                      (A)  whether the library material adheres to the   library standards approved under Section 33.021; and                      (B)  reviews, if any, of the library material   conducted by academic experts specializing in the subject covered   by the library material or in the education of students in the   subject and grade level for which the library material is intended.          (f)  A school district that receives a challenge to a library   material under Subsection (a)(1) shall prohibit students enrolled   in the district from accessing the library material until the   district takes action in response to the challenge.          (g)  If a challenge to a library material submitted under   Subsection (a)(1) results in the board of trustees, with the   recommendation of the local school library advisory council,   removing the library material from a school library catalog, the   board shall notify each teacher assigned as the classroom teacher   at the grade level for which the library material was determined to   be not appropriate and instruct the teacher to remove any copy of   the library material from the teacher's classroom library, if   applicable.          SECTION 5.  It is the intent of the legislature that every   provision, section, subsection, sentence, clause, phrase, or word   in this Act, and every application of the provisions in this Act to   every person, group of persons, or circumstances, is severable from   each other.  If any application of any provision in this Act to any   person, group of persons, or circumstances is found by a court to be   invalid for any reason, the remaining applications of that   provision to all other persons and circumstances shall be severed   and may not be affected.          SECTION 6.  Before the first day of the 2025-2026 school   year, the board of trustees of each school district shall:                (1)  establish and appoint members of the local school   library advisory council as required by Section 33.025, Education   Code, as added by this Act; and                (2)  adopt a policy for the acquisition of library   materials as required by Section 33.026, Education Code, as added   by this Act.          SECTION 7.  This Act applies beginning with the 2025-2026   school year.          SECTION 8.  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.