Bill Text: TX HB2736 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to requirements regarding certain student resources provided to public and private school students by a public or private primary or secondary school, institution of higher education, state agency, or public library.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2023-03-13 - Referred to State Affairs [HB2736 Detail]
Download: Texas-2023-HB2736-Introduced.html
| 88R6144 DIO-F | ||
| By: Toth | H.B. No. 2736 | |
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| relating to requirements regarding certain student resources | ||
| provided to public and private school students by a public or | ||
| private primary or secondary school, institution of higher | ||
| education, state agency, or public library. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 38, Education Code, is | ||
| amended by adding Section 38.043 to read as follows: | ||
| Sec. 38.043. REQUIREMENTS REGARDING CERTAIN STUDENT | ||
| RESOURCES. (a) In this section: | ||
| (1) "Institution of higher education" has the meaning | ||
| assigned by Section 61.003. | ||
| (2) "Library" means: | ||
| (A) a public library or a library system, as | ||
| defined by Section 441.122, Government Code; | ||
| (B) a library operated by an institution of | ||
| higher education, a school district, or an open-enrollment charter | ||
| school; or | ||
| (C) a library operated by a state agency or | ||
| political subdivision. | ||
| (3) "Provider" means a person, including a vendor, who | ||
| provides student resources. | ||
| (4) "Student" means a child enrolled as a student in | ||
| prekindergarten through 12th grade in a public or private school in | ||
| this state. | ||
| (5) "Student resources" means physical, digital, or | ||
| online library resources, access to databases, and curriculum and | ||
| supportive materials for use by a student. | ||
| (b) A school district, open-enrollment charter school, | ||
| private school, institution of higher education, state agency, or | ||
| library may not provide student resources to a student unless the | ||
| resource has been verified by the provider of the resource for | ||
| compliance with Subsection (c). | ||
| (c) A provider shall adopt safety policies and technology | ||
| protections to verify that the student resources the provider | ||
| provides to a school district, open-enrollment charter school, | ||
| private school, institution of higher education, state agency, or | ||
| library: | ||
| (1) do not contain or allow access to a communication, | ||
| written description, photographic image, video image, or audio | ||
| file, that relates to, depicts, or describes: | ||
| (A) a material or performance that is obscene, as | ||
| defined by Section 43.21, Penal Code; | ||
| (B) child pornography, as described by Section | ||
| 43.26, Penal Code; or | ||
| (C) sexual exploitation, as defined by Section | ||
| 81.001, Civil Practice and Remedies Code; | ||
| (2) do not allow a student to receive, send, upload, or | ||
| download a communication, written description, photographic image, | ||
| video image, or audio file described by Subdivision (1); and | ||
| (3) filter or block a student's access to an item | ||
| described by Subdivisions (1) and (2). | ||
| (d) Before providing any student resources to a school | ||
| district, open-enrollment charter school, private school, | ||
| institution of higher education, state agency, or library, a | ||
| provider shall notify the receiving entity regarding whether those | ||
| student resources comply with Subsection (c). | ||
| (e) If a contract between a provider and a school district, | ||
| open-enrollment charter school, private school, institution of | ||
| higher education, state agency, or library for the provision of | ||
| student resources is in effect, failure by a provider to comply with | ||
| Subsections (c) and (d) entitles the representative of a school | ||
| district, open-enrollment charter school, private school, | ||
| institution of higher education, state agency, or library to: | ||
| (1) terminate the contract for nonperformance or | ||
| breach of contract; or | ||
| (2) withhold any further payments, if any, to the | ||
| provider pending verification and notice of compliance with | ||
| Subsections (c) and (d). | ||
| (f) This section may not be construed to limit or otherwise | ||
| affect a person's criminal liability under other law. | ||
| SECTION 2. Not later than December 1 of each year, each | ||
| entity that receives "student resources" from a "provider," as | ||
| those terms are defined by Section 38.043, Education Code, as added | ||
| by this Act, shall report to the legislature regarding any issues | ||
| with provider compliance related to the requirements of that | ||
| section. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
