📜 Texas HB 900

The information below provides a general overview of the new legislation. The full content of the legislation may be found here. Texas HB 900 was signed by Governor Abbott on June 13, 2023, to take effect September 1, 2023. The legislation regulates library materials sold to or included in public school libraries, classroom libraries and online catalogs. The new legislation defines what sexually explicit and sexually relevant material is, and requires library material vendors (any entity that sells library materials to a public school in Texas) to assign sexually explicit and sexually relevant ratings to any material the vendor determines meet the law’s definitions.

Initially, vendors must issue ratings using the standards adopted by the Texas State Library and Archives Commission by April 1, 2024. Vendor ratings must be updated by September 1, 2024 and each year thereafter. Vendors must issue appropriate ratings for library materials that are sexually explicit and sexually relevant. This obligation includes rating previously sold library materials. Materials rated sexually explicit may not be sold to Texas school districts and previously sold sexually explicit material that is in active use must be recalled.

Once vendors have issued ratings, the ratings must be submitted to the Texas Education Agency (TEA) for further review. TEA will signify agreement or disagreement with the vendor’s ratings. If TEA disagrees with the vendor’s ratings, notice will be provided to the vendor and an update shall be expected from the vendor. TEA is responsible for publishing and maintaining in a conspicuous place on TEA’s internet website a list of library material vendors who failed to comply. School districts will not be allowed to purchase material from these vendors. TEA is also responsible for posting the list of ratings submitted by vendors in a conspicuous place on TEA’s internet website as soon as practicable.

Once the list is published on TEA’s website, school districts will have until January 1, 2025 to review the content of each book in its catalog that is rated as sexually relevant material and determine whether to retain each book. By January 1, 2025, the district is required to maintain a list on the district’s website a report of the title of each sexually relevant material, the district’s decision regarding the material and at which campus the material is located.

Materials rated sexually relevant will require parental consent for a student to check-out the material.

Texas HB 900 Information

Key Points

School districts and librarians will continue to operate under existing, approved procurement, collection development and reconsideration policies as the 2023-2024 school year begins.
Vendors, not librarians or any other school district staff, are responsible for rating library materials.
Ratings are only applied to material vendors determine meet the Texas definitions of sexually relevant or sexually explicit.
Material rated sexually explicit by vendors must be removed from the collection.
Parental consent for materials rated by vendors as sexually relevant is required before students can access the materials.
Reconsideration requests will continue to follow current, approved district policies.

HB 900 Timeline for Implementation

Dates	Responsible Party	Action	Notes
September 1st, 2023	-	-	HB 900 is scheduled to go into effect.
By no later than January 1st, 2024	TSLAC Texas State Library and Archives Commission	TSLAC, with approval by State Board of Education (SBOE), adopts standards for school library collection development that school districts will be required to adhere to in developing or implementing the district’s library collection development policies. The guidelines must prohibit the possession, acquisition, and purchase of harmful materials, as defined by Sec. 43.24 of the Penal Code, library materials rated as sexually explicit by the selling library vendor, and library material that is pervasively vulgar or educationally unsuitable as referenced in Pico v. Board of Education, 457 U.S 853 (1982)	Prohibits the removal of material based solely on the ideas contained in the material or the personal background of author or characters in the material.
By no later than April 1, 2024	Vendors	Vendors submit to TEA the initial list of materials rated sexually explicit and sexually relevant sold to a school district prior to April 1, 2024. Materials rated sexually relevant will require written consent from the student’s parent or person standing in parental relation for student check-out.	Sec. 35.004 A school district, or teacher, librarian, or other staff member employed by the district is not liable for any claim or damage resulting from a library material vendor’s violation of this chapter.
After April 1, 2024	TEA	TEA will review the ratings received by vendors.	If TEA determines the material is not appropriately rating, TEA will give notice to the vendor of the rating given by TEA. The vendor will have 60 days to correct its rating and give TEA notice of the action taken.
September 1st, 2024 and every year thereafter	Vendor	Each library material vendor shall submit to TEA an updated list of titles.	N/A
September 1, 2024 and every year thereafter	Vendor	Each library material vendor shall submit to TEA an updated list of titles containing sexually relevant or sexually explicit material.	The review process by TEA will repeat itself.
By no later than January 1, 2025	District	Districts must conduct initial review of school library collection rated as sexually relevant material and determine whether to retain the book and post on the district’s website each title, the district’s decision regarding the material and the school the material is located.	-
By no later than January 1 of every odd-numbered year thereafter	District	Districts review the content of each library material rated sexually relevant and determine in accordance with district’s policies, whether to retain each title. The District shall post on the district’s website each title, the district’s decision regarding the material and the school the material is located	-

Should school districts review their school library collections to identify any books that might be sexually relevant or sexually explicit?

Should school librarians remove books from their collection they think may be rated sexually explicit?

Current removal of books will not be based on HB 900. The new law has multiple steps that must be followed prior to any action being required district staff.

The law first requires that the Texas State Library and Archives Commission (TSLAC) establish the standards for the ratings. These standards are not due until January 1, 2024. The law requires vendors to provide ratings of any materials fitting this category consistent with the TSLAC standards. Vendors must submit their ratings to the Texas Education Agency (TEA) by April 1, 2024. TEA is then required to review the submitted vendor ratings and post the ratings on its website. TEA will also post a list of vendors from whom school districts are not allowed to purchase material. By January 1, 2025, the district must remove any books in its collection that a vendor has rated sexually explicit.

Will the ratings affect book fairs or apply to books at the book fair?

Who determines what is “patently offensive” in the definition of sexually explicit?

What does “directly related to the curriculum” mean?

The law defines “sexually explicit material” as “any communication, language, or material, including a written description, illustration, photographic image, video image, or audio file, other an library material directly related to the curriculum required under [Texas Education Code] Section 28.002(a), that describes, depicts, or portrays sexual conduct, as defined by Section 43.25, Penal Code, in a way that is patently offensive, as defined by Section 43.21, Penal Code.

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