SB 13

relating to a school district's library materials and catalog, the
creation of local school library advisory councils, and parental
rights regarding public school library catalogs and access by the
parent's child to library materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 26.004(b), Education Code, is amended to
(b)  A parent is entitled to access to all written records of
a school district concerning the parent's child, including:
(7)  applications for admission;
(8)  health and immunization information;
(9)  teacher and school counselor evaluations;
(10)  reports of behavioral patterns; [and]
(11)  records relating to assistance provided for
learning difficulties, including information collected regarding
any intervention strategies used with the child; and
(12)  records relating to school library materials the
child obtains from a school library.
SECTION 2.  Subchapter B, Chapter 33, Education Code, is
amended by adding Section 33.020 to read as follows:
Sec. 33.020.  DEFINITIONS.  In this subchapter:
(1)  "Harmful material" has the meaning assigned by
(2)  "Indecent content" means content that portrays
sexual or excretory organs or activities in a way that is patently
(3)  "Library material" means any book, record, file,
or other instrument or document in a school district's library
catalog.  The term does not include instructional material, as
defined by Section 31.002, or materials procured for the TexShare
consortium under Subchapter M, Chapter 441, Government Code.
(4)  "Profane content" means content that includes
grossly offensive language that is considered a public nuisance.
SECTION 3.  Section 33.021, Education Code, is amended by
amending Subsection (d) and adding Subsection (e) to read as
(d)  The standards adopted under Subsection (c) must:
(1)  be reviewed and updated at least once every five
(2)  include a collection development policy that:
(A)  prohibits the possession, acquisition, and
(i)  harmful material[, as defined by
(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 containing indecent
(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, and
(D)  recognizes that parents are the primary
decision makers regarding a student's access to library material;
(E)  encourages schools to provide library
(F)  recommends schools communicate effectively
with parents regarding collection development; [and]
(G)  prohibits the removal of material based
(i)  ideas contained in the material; or
(a)  the author of the material; or
(b)  characters in the material; and
(H)  demonstrates a commitment to compliance with
the Children's Internet Protection Act (Pub. L. No. 106-554),
including through the use of technology protection measures, as
(e)  A school district may adopt local policies and
procedures in addition to the standards adopted under Subsection
(c) that do not conflict with the standards adopted under that
subsection or other requirements of this code.
SECTION 4.  Subchapter B, Chapter 33, Education Code, is
amended by adding Sections 33.023, 33.024, 33.025, 33.026, and
Sec. 33.023.  PARENTAL ACCESS TO LIBRARY CATALOG AND ACCESS
BY THE PARENT'S CHILD TO CERTAIN LIBRARY MATERIALS.  (a)  A school
district or open-enrollment charter school shall adopt procedures
that provide for a parent of a child enrolled in the district or
(1)  access the catalog of available library materials
at each school library in the district or school; and
(2)  submit to the district or school a list of library
materials that the parent's child may not be allowed to check out or
otherwise access for use outside of the school library.
(b)  The procedures adopted under Subsection (a)(2) must
allow for a parent to submit a list of library materials through:
(1)  an electronic or physical form; or
(2)  the district's or school's online library catalog
(c)  A school district or open-enrollment charter school may
not allow a student to check out or otherwise use outside the school
library a library material the student's parent has included in a
list submitted under Subsection (a)(2).
Sec. 33.024.  PARENTAL ACCESS TO STUDENT LIBRARY RECORDS.
Each school district and open-enrollment charter school that uses a
learning management system or an online learning portal shall,
through the system or portal, provide to each parent of a child
enrolled in the district or school a record of each time the
parent's child checks out or otherwise uses outside the school
library a library material.  The record must include, as
applicable, the title, author, genre, and return date of the
Sec. 33.025.  LOCAL SCHOOL LIBRARY ADVISORY COUNCIL.  (a)
The board of trustees of each school district shall establish a
local school library advisory council to assist the district in
ensuring that local community values are reflected in each school
library catalog in the district.
(b)  Except as provided by Section 33.026(d), a school
district must consider the recommendations of the local school
library advisory council before:
(1)  adding library materials to a school library
(2)  removing library materials from a school library
catalog following a challenge under Section 33.027; or
(3)  making changes to policies or guidelines related
(c)  The local school library advisory council's duties
(1)  policies and procedures for the acquisition of
library materials consistent with local community values;
(2)  to the board of trustees whether library materials
proposed for acquisition under Section 33.026 are appropriate for
each grade level of the school or campus for which the library
materials are proposed to be acquired;
(3)  if feasible, joint use agreements or strategies
for collaboration between the school district and local public
libraries and community organizations;
(4)  the removal of any library materials that the
(A)  harmful material or material containing
indecent content or profane content; or
(B)  inconsistent with local community values;
(5)  the policies and procedures for processing
challenges received under Section 33.027; and
(6)  the action to be taken by the district in response
to a challenge received under Section 33.027.
(d)  Any recommendation made by the local school library
advisory council must adhere to the library standards approved
(e)  The local school library advisory council must consist
of at least five members, with each member appointed by the board of
trustees, and with each trustee appointing an equal number of
members.  A majority of the voting members of the council must be
persons who are parents of students enrolled in the district and who
are not employed by the district.  One of those members shall serve
as chair of the council.  The board of trustees may also appoint one
or more persons to serve as nonvoting members of the council from
(1)  classroom teachers employed by the district;
(2)  librarians employed by the district;
(3)  school counselors certified under Subchapter B,
Chapter 21, employed by the district;
(4)  school administrators employed by the district;
(6)  the business community; and
(f)  The local school library advisory council shall meet at
least two times each year.  For each meeting, the council shall:
(1)  at least 72 hours before the meeting:
(A)  post notice of the date, hour, place, and
subject of the meeting on a bulletin board in the central
administrative office of each campus in the school district; and
(B)  ensure that the notice required under
Paragraph (A) is posted on the district's Internet website, if the
district has an Internet website;
(2)  prepare and maintain minutes of the meeting that
state the subject and content of each deliberation and each vote,
order, decision, or other action taken by the council during the
(3)  make an audio or video recording of the meeting;
(4)  not later than the 10th day after the meeting,
submit the minutes and audio or video recording of the meeting to
(g)  As soon as practicable after receipt of the minutes and
audio or video recording under Subsection (f)(4), the school
district shall post the minutes and audio or video recording on the
district's Internet website, if the district has an Internet
Sec. 33.026.  ACQUISITION OF LIBRARY MATERIALS.  (a)  The
board of trustees of a school district shall adopt a policy for the
acquisition of library materials, including procedures for the
procurement of library materials and the receipt of donated library
materials.  The policy must require the board to:
(1)  approve all library materials that have been
donated to or that are to be procured by a school library in the
district, with the advice and recommendations of the district's
local school library advisory council established under Section
(2)  make the list of library materials that have been
donated to or that are proposed to be procured by a school library
accessible for review by the public for at least 30 days before
(3)  approve or reject the list of library materials
that have been donated to or that are proposed to be procured by a
school library in an open meeting; and
(4)  ensure compliance with the library standards
(b)  Each member of the board of trustees of a school
(1)  review each list of library materials that have
been donated to or that are proposed to be procured by a school
(2)  propose changes to each list described by
Subdivision (1) before the board votes to approve or reject the
(c)  A school district may not add a donated library material
to the school library catalog or otherwise make the donated library
material available for student use unless the board of trustees of
the district approves the addition of that donated library material
to the school library catalog for the grade levels for which the
(d)  This section does not apply to library materials that
have been donated to or that are to be procured by a school library
(1)  replace a damaged copy of a library material that
is currently in the school library catalog;
(2)  are additional copies of a library material that
is currently in the school library catalog; or
(3)  have been approved for the same grade levels by the
board of trustees of the school district from a previous proposed
Sec. 33.027.  CHALLENGE OR APPEAL REGARDING LIBRARY
MATERIALS; LOCAL SCHOOL LIBRARY ADVISORY COUNCIL RECOMMENDATIONS.
(a)  A parent of or person standing in parental relation to a
student enrolled in a school district, a person employed by the
district, or a person residing in the district may submit:
(1)  to the district a written challenge to any library
material in the catalog of a school library in the district using
the form adopted under Subsection (d); or
(2)  to the district's board of trustees an appeal of an
action taken by the district in response to a written challenge
received under Subdivision (1).
(b)  Not later than the fifth day after the date on which a
school district receives a written challenge under Subsection
(a)(1), the district shall provide a copy of the challenge to the
district's local school library advisory council established under
Section 33.025.  The council shall make a recommendation for action
by the district not later than the 90th day after the date on which
(c)  If the procedures recommended by the local school
library advisory council and adopted by the board of trustees
permit the appointment of library material review committees that
consist of persons who are not members of the council to review
library materials challenged under Subsection (a)(1), the council
may base the council's recommendation for action to be taken by the
district under Subsection (b) on the recommendation of a library
material review committee if the committee consists of at least
five persons appointed by the board of trustees, a majority of whom
are parents of students enrolled in the school district and are not
(d)  The agency shall adopt and post on the agency's Internet
website a form to be used in making a written challenge under
Subsection (a)(1).  Each school district shall post the form on the
district's Internet website, if the district has an Internet
website.  The form shall require the person submitting the form to
identify how the challenged library material violates the library
standards approved under Section 33.021.
(e)  In taking action on a written challenge submitted under
Subsection (a)(1) or an appeal under Subsection (a)(2), the board
of trustees of a school district shall consider:
(1)  the advice of the district's local school library
(2)  whether the library material challenged under
Subsection (a)(1) or appealed under Subsection (a)(2) is suitable
for the subject and grade level for which the library material is
intended, including by considering:
(A)  whether the library material adheres to the
library standards approved under Section 33.021; and
(B)  reviews, if any, of the library material
conducted by academic experts specializing in the subject covered
by the library material or in the education of students in the
subject and grade level for which the library material is intended.
(f)  A school district that receives a challenge to a library
material under Subsection (a)(1) shall prohibit students enrolled
in the district from accessing the library material until the
district takes action in response to the challenge.
(g)  If a challenge to a library material submitted under
Subsection (a)(1) results in the board of trustees, with the
recommendation of the local school library advisory council,
removing the library material from a school library catalog, the
board shall notify each teacher assigned as the classroom teacher
at the grade level for which the library material was determined to
be not appropriate and instruct the teacher to remove any copy of
the library material from the teacher's classroom library, if
SECTION 5.  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
SECTION 6.  Before the first day of the 2025-2026 school
year, the board of trustees of each school district shall:
(1)  establish and appoint members of the local school
library advisory council as required by Section 33.025, Education
Code, as added by this Act; and
(2)  adopt a policy for the acquisition of library
materials as required by Section 33.026, Education Code, as added
SECTION 7.  This Act applies beginning with the 2025-2026
SECTION 8.  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.