HB 1358

relating to the purchase, adoption, and use of instructional
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 31.0211(f), Education Code, is amended
(f)  Funds allotted under this section may not be used to
purchase instructional material that:
(1)  contains obscene or harmful content or would
otherwise cause the school district to which the funds were
allotted to be unable to submit the certification required under
(2)  is on the list of rejected instructional materials
maintained by the State Board of Education under Section 31.022(a).
SECTION 2.  Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.024 to read as follows:
Sec. 31.024.  LIMITATION ON THE ADOPTION AND USE OF
INSTRUCTIONAL MATERIAL.  A school district may not adopt or
otherwise use instructional material included on the list of
rejected instructional materials maintained by the State Board of
Education under Section 31.022(a).
SECTION 3.  Section 31.073, Education Code, is amended by
adding Subsection (b) and amending Subsection (c) to read as
(b)  A school district or open-enrollment charter school may
only adopt or otherwise use an open education resource
instructional material that is not included on the list of rejected
instructional materials maintained by the State Board of Education
(c)  A school district or open-enrollment charter school may
adopt open education resource instructional material that complies
with Subsection (b) at any time.
SECTION 4.  Section 31.106, Education Code, is amended to
Sec. 31.106.  USE OF LOCAL FUNDS.  In addition to any
instructional material selected under this chapter, a school
district or open-enrollment charter school may use local funds to
purchase any instructional materials not included on the list of
rejected instructional materials maintained by the State Board of
Education under Section 31.022(a).
SECTION 5.  This Act applies beginning with the 2025-2026
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.