TSLAC – TSLAC must create a mandatory library collections policy for every public school district. School library standards were previously voluntary, giving local schools the power to adapt them as needed to their communities. All other standards will continue to be voluntary.  

HB 900 sets out specific requirements for the mandatory library collection policy. Of note: 

• Some threaten the freedom to read. For example, the policy must recognize parents as the primary decision makers of students’ access to library materials. This threatens students’ autonomy – especially if they live in unsupportive or abusive homes – and contradicts other sections of the bill that give decision-making power to book vendors and the Texas Education Agency.  
• The requirements prohibit removing books based solely on the ideas in the material, the personal background of the author, or the personal background of the characters. Librarians and educators should not remove books for these reasons. 

SBOE – The SBOE must vote to approve the library collections policy. 

As of October 27, 2023, TSLAC has submitted draft rules to the Texas Register for public comment. Watch this page for opportunities to submit comments on the proposed rules. Until these rules are finally adopted, schools should continue to use their current collections policy.

Book Vendors – Any vendor who sells library materials to a public school or charter school in Texas must complete this process. A vendor could be as large as Amazon or Follett, or as small as your local bookstore.  

Vendors must identify books as “sexually explicit” or “sexually relevant” based on a contextual analysis of any book that contains “patently offensive” sexual conduct, and consider the explicitness, frequency, and intent of any such descriptions. However, HB 900 stops at these subjective standards, and does not specify what will happen when vendors rate books differently. 

Vendors will not be able to sell library materials to districts unless they have completed this process. They may not sell materials that they rated “sexually explicit” to school districts and must issue a “recall” for any books they previously sold with this rating. It is not clear how vendors will notify schools about any “recalled” books. 

TEA – TEA will post vendor ratings publicly. TEA will also have the unilateral authority to order booksellers to change book ratings, although HB 900 does not provide clarity on how TEA will conduct that review or determine incorrect ratings. Unlike other agency rulings, there is no required community input or appeals process. If TEA decides that a book has been rated incorrectly, the offending vendor may not sell any books to schools until they comply with TEA’s order to change the rating. TEA will publicly post a list of vendors who are not compliant with the law or their required ratings. 

Most importantly, school districts, teachers, and librarians are not responsible for rating books and are not required to review their collections until after vendors submit their ratings.  

Following the release of these ratings in 2024, school districts must remove any books rated “sexually explicit” by book vendors or TEA. Follow TEA for further updates. Until ratings are finalized, schools should continue to use their existing book review processes. Again, librarians and educators should not remove books based solely on the ideas contained in the material, the personal background of the author, or the personal background of the characters.  

Teachers and librarians should continue to work with parents and students to find books that are relevant and engaging for each student. A school district, open-enrollment charter school, teacher, librarian, or other school staff cannot be held responsible for a vendor’s violation of HB 900. 

Beginning Jan. 1, 2025, and every odd-numbered year moving forward, school districts must repeat this process. The report must include book titles, the location (school or campus), and the decision to retain or remove books rated “sexually relevant.” 
 
Please note: under HB 900, schools may make decisions on keeping books rated “sexually relevant” based on their own library review policies. HB 900 does require parents to give consent for their children to check out a book rated “sexually relevant,” but provides no guidelines for how this must be done, so districts have leeway to design the best process for their communities.

This law is an unfunded mandate that places the onus on districts to pay for its implementation. Because book challenges often require legal counseling, districts could be forced to spend thousands of dollars and hundreds of staff hours addressing book challenges and reviews. Districts may seek assistance from TEA, but not funding to meet the reporting requirements of HB 900. 

Before this bill was passed, districts like Spring Branch ISD spent $30,000 dollars and 220 staff hours reviewing just one book. The reporting requirements in HB 900 alone may cost each district tens of thousands in taxpayer dollars. 

The parental consent requirement also puts children with abusive or unsupportive families at risk. Books may be the first place a student finds the language to name their own experience and the tools to ask for support. If LGBTQ+ books or books about sexual abuse continue to be targeted under this law, students who need these lifesaving books most will need additional resources and support.