Education Code § 35.003

Sec. 35.003. AGENCY REVIEW. (a) The agency may review library material sold by a library material vendor that is not rated or incorrectly rated by the vendor as sexually explicit material, sexually relevant material, or no rating in accordance with Section 35.002(a). If the agency determines that the library material is required to be rated as sexually explicit material or sexually relevant material or to receive no rating at all under that subsection, the agency shall provide written notice to the vendor. The notice must include information regarding the vendor's duty under this section and provide the corrected rating required for the library material. (b) Not later than the 60th day after the date on which a library material vendor receives notice regarding library material under Subsection (a), the vendor shall: (1) rate the library material according to the agency's corrected rating; and (2) notify the agency of the action taken under Subdivision (1). (c) The agency shall post and maintain in a conspicuous place on the agency's Internet website a list of library material vendors who fail to comply with Subsection (b). (d) A school district or open-enrollment charter school may not purchase library material from a library material vendor on the list described by Subsection (c). (e) A library material vendor placed on the list described by Subsection (c) may petition the agency for removal from the list. The agency may remove a vendor from the list only if the agency is satisfied that the vendor has taken appropriate action under Subsection (b). Added by Acts 2023, 88th Leg., R.S., Ch. 808 (H.B. 900), Sec. 3, eff. September 1, 2023.