TITLE: Relating to a review of library materials included in public school libraries; providing a civil penalty.

SUMMARY: Relating to a review of library materials included in public school libraries; providing a civil penalty.

FULL TEXT:
AN ACT relating to a review of library materials included in public school libraries; providing a civil penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 35, Education Code, is amended by adding Section 35.0061 to read as follows: Sec. 35.0061. REVIEW OF LIBRARY MATERIAL. (a) Each school district and open-enrollment charter school shall adopt a policy under which any resident of this state may request a review of library material in the catalog of a district or school library to ensure compliance with state law and district or school policies. (b) A review of library materials under this section must be conducted: (1) in addition to any review a school district or open-enrollment charter school conducts in accordance with Section 35.006; and (2) by the board of trustees of the school district or the governing body of the open-enrollment charter school. (c) A policy adopted under Subsection (a) must require the board of trustees of a school district or the governing body of an open-enrollment charter school to make a determination regarding the library material at a public meeting not later than the sum of: (1) the 30th day after the date the request is made; and (2) seven days for each library material requested to be reviewed after the first. (d) Each school district and open enrollment charter school shall post on the district's or school's Internet website: (1) the policy adopted under Subsection (a); and (2) the determination for each review conducted under this section. (e) A member of the board of trustees of a school district or governing body of an open-enrollment charter school who fails to conduct a review as required by this section is liable to the state for a civil penalty in an amount not to exceed $500 for each violation. SECTION 2. As soon as practicable after the effective date of this Act, each school district and open-enrollment charter school shall adopt the policy for the review of library materials required by Section 35.0061, Education Code, as added by this Act. SECTION 3. This Act applies beginning with the 2025-2026 school year. SECTION 4. 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.