H.B. No. 900         AN ACT   relating to the regulation of library materials 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, 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.          (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 by majority vote of 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 (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);, 457 U.S. 853 (1982);                      (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)  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.          SECTION 3.  Subtitle F, Title 2, Education Code, is amended   by adding Chapter 35 to read as follows:   CHAPTER 35. REGULATION OF CERTAIN LIBRARY MATERIAL          Sec. 35.001.  DEFINITIONS.  In this chapter:                (1)  "Library material vendor" includes any entity that   sells library material to a public primary or secondary school in   this state.                (2)  "Sexually explicit material" has the meaning   assigned by Section 33.021.                (3)  "Sexually relevant 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.          Sec. 35.002.  RATINGS REQUIRED. (a) A library material   vendor may not sell library materials to a school district or   open-enrollment charter school unless the vendor has issued   appropriate ratings regarding sexually explicit material and   sexually relevant material previously sold to a district or school.          (b)  A library material vendor may not sell library material   rated sexually explicit material and shall issue a recall for all   copies of library material sold to a district or school that is:                (1)  rated sexually explicit material; and                (2)  in active use by the district or school.          (c)  Not later than April 1, 2024, each library material   vendor shall develop and submit to the agency a list of library   material rated as sexually explicit material or sexually relevant   material sold by the vendor to a school district or open-enrollment   charter school before that date and still in active use by the   district or school.          (d)  Not later than September 1 of each year, each library   material vendor shall submit to the agency an updated list of   library material rated as sexually explicit material or sexually   relevant material sold by the vendor to a school district or   open-enrollment charter school during the preceding year and still   in active use by the district or school.          (e)  The agency shall post each list submitted under   Subsection (c) or (d) in a conspicuous place on the agency's   Internet website as soon as practicable.          Sec. 35.0021.  RATING GUIDELINES. (a) For purposes of   determining whether a library material is sexually explicit as   required by Section 35.002, a library material vendor must perform   a contextual analysis of the material to determine whether the   material describes, depicts, or portrays sexual conduct in a way   that is patently offensive.          (b)  In performing the contextual analysis of a library   material, a library material vendor must consider the following   three principal factors with respect to the material:                (1)  the explicitness or graphic nature of a   description or depiction of sexual conduct contained in the   material;                (2)  whether the material consists predominantly of or   contains multiple repetitions of depictions of sexual or excretory   organs or activities; and                (3)  whether a reasonable person would find that the   material intentionally panders to, titillates, or shocks the   reader.          (c)  In examining the three factors listed under Subsection   (b), a vendor must weigh and balance each factor and conclude   whether the library material is patently offensive, recognizing   that because each instance of a description, depiction, or   portrayal of sexual conduct contained in a material may present a   unique mix of factors.          (d)  To determine whether a description, depiction, or   portrayal of sexual conduct contained in a material is patently   offensive, a library material vendor must consider the full context   in which the description, depiction, or portrayal of sexual conduct   appears, to the extent possible, recognizing that contextual   determinations are necessarily highly fact-specific and require   the consideration of contextual characteristics that may   exacerbate or mitigate the offensiveness of the material.          Sec. 35.003.  AGENCY REVIEW. (a) The agency may review   library material sold by a library material vendor that is not rated   or incorrectly rated by the vendor as sexually explicit material,   sexually relevant material, or no rating in accordance with Section   35.002(a). If the agency determines that the library material is   required to be rated as sexually explicit material or sexually   relevant material or to receive no rating at all 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 and provide the corrected rating required for   the library material.          (b)  Not later than the 60th day after the date on which a   library material vendor receives notice regarding library material   under Subsection (a), the vendor shall:                (1)  rate the library material according to the   agency's corrected rating; and                (2)  notify the agency of the action taken under   Subdivision (1).          (c)  The agency shall post and maintain in a conspicuous   place on the agency's Internet website a list of library material   vendors who fail to comply with Subsection (b).          (d)  A school district or open-enrollment charter school may   not purchase library material from a library material vendor on the   list described by Subsection (c).          (e)  A library material 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. 35.004.  LIABILITY. A school district or   open-enrollment charter school or a teacher, librarian, or other   staff member employed by a district or school is not liable for any   claim or damage resulting from a library material vendor's   violation of this chapter.          Sec. 35.005.  PARENTAL CONSENT REQUIRED FOR USE OF CERTAIN   LIBRARY MATERIALS.  A school district or open-enrollment charter   school may not allow a student enrolled in the district or school to   reserve, check out, or otherwise use outside the school library   library material the library material vendor has rated as sexually   relevant material under Section 35.002(a) unless the district or   school first obtains written consent from the student's parent or   person standing in parental relation.          Sec. 35.006.  REVIEW AND REPORTING OF CERTAIN LIBRARY   MATERIALS. (a) Not later than January 1 of every odd-numbered   year, each school district and open-enrollment charter school   shall:                (1)  review the content of each library material in the   catalog of a district or school library that is rated as sexually   relevant material under Section 35.002(a) by the library material   vendor;                (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   library material reviewed under Subdivision (1) in the school   library catalog; and                (3)  either:                      (A)  post in a conspicuous place on the Internet   website maintained by the district or school a report; or                      (B)  provide physical copies of the report at the   central administrative building for the district or school.          (b)  The report required under Subsection (a)(3) must   include:                (1)  the title of each library material reviewed under   Subsection (a)(1);                (2)  the district's or school's decision regarding the   library material under Subsection (a)(2); and                (3)  the school or campus where the library material is   currently located.          Sec. 35.007.  RULES. The commissioner may adopt rules as   necessary to administer this chapter.          Sec. 35.008.  ASSISTANCE OF AGENCY. The agency may provide   assistance to school districts and open-enrollment charter schools   in complying with this chapter.          SECTION 4.  Not later than January 1, 2024, the Texas State   Library and Archives Commission shall adopt the standards for   school library collection development as required under Section   33.021(c), Education Code, as added by this Act.          SECTION 5.  (a)  Not later than April 1, 2024, each library   material 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.          (b)  Not later than September 1, 2024, each library material   vendor, as defined by Section 35.001, Education Code, as added by   this Act, shall submit the initial updated list required under   Section 35.002(d), Education Code, as added by this Act.          (c)  Not later than January 1, 2025, 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.          SECTION 6.  The changes in law made by this Act to the   Education Code apply beginning with the 2023-2024 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, 2023.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 900 was passed by the House on April   20, 2023, by the following vote:  Yeas 95, Nays 52, 1 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 900 was passed by the Senate on May   23, 2023, by the following vote:  Yeas 19, Nays 12.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor