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89(R) HB 100 - Enrolled version - Bill Text
H.B. No. 100
AN ACT
relating to the purchase, adoption, and use of instructional
materials by public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.0211(f), Education Code, is amended
to read as follows:
(f) Funds allotted under this section may not be used to
purchase instructional material that
:
(1)
contains obscene or harmful content or would
otherwise cause the school district to which the funds were
allotted to be unable to submit the certification required under
Section 31.1011(a)(1)(B)
; or
(2)
is on the list of rejected instructional materials
maintained by the State Board of Education under Section 31.022(a)
.
SECTION 2. Section 31.022, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1)
Not later than the 45th day before the date the State
Board of Education intends to add an instructional material to the
list of rejected instructional materials under Subsection (a), the
board shall add the material to a list of proposed rejected
instructional materials and issue a proclamation requesting the
revision of the applicable instructional material before the end of
the 45-day period.
SECTION 3. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.024 to read as follows:
Sec.
31.024.
LIMITATION ON THE ADOPTION AND USE OF
INSTRUCTIONAL MATERIAL. A school district may not adopt or
otherwise use instructional material included on the list of
rejected instructional materials maintained by the State Board of
Education under Section 31.022(a).
SECTION 4. Section 31.073, Education Code, is amended by
adding Subsection (b) and amending Subsection (c) to read as
follows:
(b)
A school district or open-enrollment charter school may
only adopt or otherwise use an open education resource
instructional material that is not included on the list of rejected
instructional materials maintained by the State Board of Education
under Section 31.022(a).
(c) A school district or open-enrollment charter school may
adopt open education resource instructional material
that complies
with Subsection (b)
at any time.
SECTION 5. Section 31.106, Education Code, is amended to
read as follows:
Sec. 31.106. USE OF LOCAL FUNDS. In addition to any
instructional material selected under this chapter, a school
district or open-enrollment charter school may use local funds to
purchase any instructional materials
not included on the list of
rejected instructional materials maintained by the State Board of
Education under Section 31.022(a)
.
SECTION 6. This Act applies beginning with the 2026-2027
school year.
SECTION 7. The change in law made by this Act applies to
instructional materials placed or maintained on the list of
rejected materials by the State Board of Education under Section
31.022(a), Education Code, on or after the school year in which this
Act applies.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 100 was passed by the House on April
16, 2025, by the following vote: Yeas 103, Nays 42, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 100 on May 29, 2025, by the following vote: Yeas 112, Nays 28,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 100 was passed by the Senate, with
amendments, on May 27, 2025, by the following vote: Yeas 27, Nays
4.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor