89R17426 RAL-F     By: Money H.B. No. 5485       A BILL TO BE ENTITLED   AN ACT   relating to the standards for a school district's library   collection development policies; providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 33.021, Education Code, is amended by   amending Subsections (a) and (d) and adding Subsections (e), (f),   (g), (h), (i), and (j) to read as follows:          (a)  In this section:                (1)  "Harmful material" has the meaning assigned by   Section 43.24, Penal Code.                (2)  "Profane content" means content that includes   grossly offensive language that is considered a public nuisance.                (3)  "Sexually [, "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.          (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 Board of   Education v. Pico [v. Board of Education], 457 U.S. 853 (1982);                            (iv)  sexually explicit material; or                            (v)  library material containing 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;                      (D)  recognizes that parents are the primary   decision makers regarding a student's access to library material;                      (E)  requires [encourages] schools to provide   library catalog transparency;                      (F)  requires [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;                      (H)  recognizes that a school district is   responsible for identifying and removing materials prohibited   under Paragraph (A); and                      (I)  recognizes that a resident of a school   district has the right to challenge the inclusion of library   material in the district's library catalog if the resident believes   the material:                            (i)  is prohibited under Paragraph (A); or                            (ii)  does not adhere to prevailing   community standards for minors.          (e)  For purposes of a school district's library collection   development policies, the State Board of Education shall establish   specific criteria for school districts to use to determine whether   library material is educationally unsuitable as described by   Subsection (d)(2)(A)(iii).          (f)  A committee established by a school district to review a   challenge to the inclusion of a library material in the district's   library catalog:                (1)  must use the standards adopted under Subsection   (c) to review the material; and                (2)  is subject to Chapter 551, Government Code.          (g)  A school district that violates this section or a school   district whose employee violates the district's library collection   development policies developed in accordance with this section is   liable to the state for a civil penalty in an amount not to exceed   $10,000 for each violation.  The attorney general may investigate   any alleged violation of this section and may sue to collect the   civil penalty described by this subsection.          (h)  A suit or petition under Subsection (g) may be filed in a   district court in:                (1)  Travis County; or                (2)  a county in which the principal office of the   school district is located.          (i)  The attorney general may recover reasonable expenses   incurred in obtaining relief under this section, including court   costs, reasonable attorney's fees, investigative costs, witness   fees, and deposition costs.          (j)  Sovereign immunity to suit is waived and abolished to   the extent of liability created by this section.          SECTION 2.  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 3.  Not later than January 1, 2026:                (1)  the Texas State Library and Archives Commission   shall adopt the standards for school library collection development   as required under Section 33.021, Education Code, as amended by   this Act; and                (2)  the State Board of Education shall establish the   criteria for school districts to use in determining whether library   material is educationally unsuitable as required under Section   33.021(e), Education Code, as added by this Act.          SECTION 4.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 5.  This Act applies beginning with the 2026-2027   school year.          SECTION 6.  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.