By: Patterson H.B. No. 900       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   sexually explicit material to a school district or open-enrollment   charter school.          (c)  Not later than September 1, 2023, each school book   vendor shall develop and submit to the agency a list of each book   containing sexually relevant material or sexually explicit   material sold by the vendor to a school district or open-enrollment   charter school before that date.          (d)  Not later than September 1 of each year, each school   book vendor shall submit to the agency a list of books rated as   sexually relevant material or sexually explicit material, that were   sold by the vendor to a school district or open-enrollment charter   school during the preceding year.          (e)  The agency shall post each list submitted under   Subsection (b) or (c) on the agency's Internet website as soon as   practicable.          Sec. 35.003.  AGENCY REVIEW. (a) The agency may review a   book not rated by a school book vendor as sexually relevant material   or sexually explicit material in accordance with Section 35.002(a).   If the agency determines that the book is required to be rated as   sexually relevant material or sexually explicit material under that   subsection, the agency shall provide written notice to the vendor.   The notice must include information regarding the vendor's duty   under this section.          (b)  Not later than the 60th day after the date on which a   school book vendor receives notice for a book under Subsection (a),   the vendor shall:                (1)  either:                      (A)  rate the book as sexually relevant material   in accordance with Section 35.002(a); or                      (B)  rate the book as sexually explicit material   in accordance with Section 35.002(a) and cease all sales of the book   to a school district or open-enrollment charter school and issue a   recall for all copies of the book sold to a school district or   open-enrollment charter school; and                (2)  notify the agency of the action taken under   Subdivision (1).          (c)  The agency shall maintain on the agency's Internet   website a list of school book vendors who fail to comply with   Subsection (b).          (d)  A school district or open-enrollment charter school may   not purchase a book from a school book vendor on the list described   by Subsection (c).          (e)  A school book vendor placed on the list described by   Subsection (c) may petition the agency for removal from the list.   The agency may remove a vendor from the list only if the agency is   satisfied that the vendor has taken appropriate action under   Subsection (b).          Sec. 35.005.  LIABILITY. A school district or   open-enrollment charter school is not liable for any claim or   damage resulting from a school book vendor's violation of this   chapter.          Sec. 35.006.  REVIEW AND REPORTING OF SEXUALLY RELEVANT   LIBRARY BOOKS. (a) Not later than August 1 of every fifth year,   each school district and open-enrollment charter school shall:                (1)  review the content of each book in the catalog of a   district or school library that is rated as sexually relevant   material under Section 35.002(a) or included on a list submitted to   the agency under Section 35.002(b) or (c);                (2)  determine in accordance with the district's or   school's policies regarding the approval, review, and   reconsideration of school library materials whether to retain each   book reviewed under Subdivision (1) in the school library catalog;   and                (3)  submit to the agency a report on the district's or   school's actions under this subsection that includes:                      (A)  the title of each book reviewed under   Subdivision (1); and                      (B)  the district's or school's decision regarding   the book under Subdivision (2).          (b)  Not later than August 1 of each year, each school   district or open-enrollment charter school shall submit to the   agency a report listing each book rated as sexually relevant   material under Section 35.002(a) that was added to the catalog of a   district or school library during the preceding year.          (c)  The agency shall post on the agency's Internet website a   report submitted under this section as soon as practicable after   the report is received.          Sec. 35.007.  RULES. The commissioner may adopt rules as   necessary to administer this chapter.          SECTION 5.  (a) Not later than August 1, 2024, each school   district and open-enrollment charter school shall conduct the   initial content review and submit the initial report required under   Section 35.006(a), Education Code, as added by this Act.          (b)  Not later than September 1, 2023, each school book   vendor, as defined by Section 35.001, Education Code, as added by   this Act, shall submit the initial list required under Section   35.002(c), Education Code, as added by this Act.          (c)  Not later than August 1, 2025, each school district and   open-enrollment charter school shall submit the initial report   required under Section 35.006(b), Education Code, as added by this   Act.          SECTION 6.  The changes in law made by this Act to the   Education Code apply beginning with the 2023-2024 school year.          SECTION 7.  (a) 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.          (b)  If this Act does not receive the vote necessary for   immediate effect, this Act takes effect September 1, 2023.