Texas SB13

"Harmful material" has the meaning assigned by Section 43.24, Penal Code. (2) "Indecent content" means content that portrays sexual or excretory organs or activities in a way that is patently offensive. (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.

(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 Board of Education v. Pico v. Board of Education, 457 U.S. 853 (1982); (iv) library material containing indecent content or profane content; or (v) library material that refers a person to an Internet website containing content prohibited under this subsection, including by use of a link or QR code, as defined by Section 443.001, Health and Safety Code; (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, library mobile applications, and any other library catalog a student may access;

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 [...] (1) access the catalog of available library materials at each school library in the district or school; and [...] 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 system. (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).

LOCAL SCHOOL LIBRARY ADVISORY COUNCIL. (a) The board of trustees of each school district shall establish a local school library advisory council [...] ensuring that local community values are reflected in each school library catalog [...] A school district must consider the recommendations of the local school library advisory council before: (1) adding library materials to a school library catalog; 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 to a school library catalog. [...] (c) The local school library advisory council's duties include recommending: (1) policies and procedures for the acquisition of library materials consistent with local community values; [...] (4) the removal of any library materials that the council determines to be: (A) harmful material or material containing indecent content or profane content; or (B) inconsistent with local community values;

The local school library advisory council must consist of at least five members [...] A majority of the voting members of the council must be [...] 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.

CHALLENGE OR APPEAL REGARDING LIBRARY MATERIALS; [...] A person residing in the district may submit [...] a written challenge to any library material in the catalog of a school library in the district using the form adopted under Subsection (e); [...] (b) Not later than the fifth day after [...] a school district receives a written challenge [...] the district shall provide a copy of the challenge to the district's local school library advisory council. [...] The council shall make a recommendation for action by the district not later than the 90th day after the date on which the council receives the copy.