With Senate Bill 13, the Texas Legislature will cause major changes to school libraries by furthering parental access to records and outlining appropriate material for students.
The bill, proposed by Sen. Angela Paxton, R-McKinney, and passed during the 89th Legislature, states school boards are required to adopt a policy before the first day of school on student access to library materials.
“The purpose of this bill, clear and simple, is to protect our children from sexually explicit material,” Paxton said.
The bill states parents must be able to prohibit certain library materials from being checked out by their child.
“Parents across Texas are rightly concerned about some of the materials available to their children in school libraries,” Paxton said. “SB 13 enhances transparency and accountability, ensuring that school libraries are a safe and appropriate environment for students.”
Districts may also create a local school advisory council to approve added or removed material from the library. If 10% of 50 parents total petition for a council, the district must form one.
Opponents of the bill argue those on the library advisory council may target certain groups or demographics.
“SB 13 gives a handpicked group of people on a district-wide council the power to cancel culture, censor curiosity and control what every kid can read, even if they don’t represent the whole district,” said Rep. Jolanda Jones, D-Houston.
The bill also requires districts to create a policy for gaining materials for the library. The proposed materials must be on a list available for public review for 30 days and be approved in an open meeting.
“SB 13 understands that, too often and for too long, our libraries have been filled with agendas, and it's time to end that,” said Rep. Brad Buckley, R-Salado. “The way to end it is to empower our local leaders and our parents to find some resolution.”
Requests for removal of materials must be made using a form from the Texas Education Agency.
The district’s school board must make a decision on whether to remove the material within 90 days of receiving the request.
Students may not access any material while it is being challenged for removal. “No child should pick up a book in their school library of all places and be exposed to inappropriate, harmful material within its pages,” Paxton said.
If the material is approved, it may not be reviewed again for two years.
If the material is not approved, it must be removed from the library and classrooms.
“We do not protect liberty by silencing it,” said Rep. Mihaela Plesa, D-Dallas. “We do not strengthen education by censoring it, and we do not honor democracy by fearing diversity.”
SB 13 builds on House Bill 900 that established what is explicit material and required booksellers to rate materials before selling them to schools.
HB 900 was blocked by U.S. District Judge Alan Albright in 2023.
“The Court does not dispute that the state has a strong interest in what children are able to learn and access in schools,” Albright said. “The state, in abdicating its responsibility to protect children, forces private individuals and corporations into compliance with an unconstitutional law that violates the First Amendment.”
Librarians have brought up concerns over the timeliness of reviewing new materials for purchase.
“At a time when we need to be encouraging our kids to read, I think this is going to make it harder to get the books in the library,” retired librarian Diane Mc-Daniel said. “It’s going to make it harder for the kids to find the books they need and that they want.” The bill goes into effect Sept. 1.
