HB 900
Texas HB 900 by Rep. Jared Patterson, the READER Act (Restricting Explicit and Adult Designated Educational Resources, was passed by the 88th Texas Legislature and was signed and signed into law by Governor Abbott on June 13, 2023, to take effect September 1, 2023. There is a great deal of confusion and uncertainty about how this new law will be implemented. The following information and resources will be updated as we receive clarification and information.
HB 900 Summary
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 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 tile 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.
HB 900 Lawsuit - Latest Action
January 17, 2024: The US Fifth Circuit Court of Appeals issued its decision in the HB 900 lawsuit. The decision prohibits the Texas Education Agency (TEA) from enforcing HB 900 requirements that book vendors rate library materials as sexually explicit or sexually relevant. However, the decision states that enforcement of the library standards requirements was not part of the district court's preliminary injunction and so the standards remain in place. Given the court's decision, it seems that anything related to the ratings system in the standards is not enforceable, but other parts of the standards will stand.
HB 900 FAQs
Should school districts review their school library collections to identify any books that might be sexually relevant or sexually explicit?
The law does not require districts to review their school library collections to rate books. Book ratings are to be provided by vendors, not school librarians or other district employees. Materials in LISD libraries have been adopted through the policies and guidelines outlined in LISD policy.
Should school librarians remove books from their collection they think may be rated sexually explicit?
Current removal of books is not based on HB 900. The new law has multiple steps that must be followed prior to any action required by district staff. These steps include a rating system, that, due to the fifth circuit court of appeals decision, is not enforceable. We are awaiting guidance from TEA and TSLAC.
Will the ratings affect book fairs or apply to books at the book fair?
The law does not specifically address ratings for books sold at book fairs. LISD staff already curate titles available to book fairs to ensure content is age-appropriate.
Who determines what is "patently offensive" in the definition of sexually explicit?
Texas State Library and Archives Commission (TSLAC) is responsible for establishing the standards for ratings. We are awaiting guidance from TEA and TSLAC.
