HB5021 - Relating to the standards for public school library materials.

  89R9385 KJE-D     By: Hopper H.B. No. 5021       A BILL TO BE ENTITLED   AN ACT   relating to the standards for public school library materials.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 33.021(d), Education Code, is amended 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 included on the list   maintained by the Texas Department of Criminal Justice of   publications an inmate may not receive in a correctional facility;                      (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 2.  This Act applies beginning with the 2025-2026   school year.          SECTION 3.  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.