By: Leo-Wilson H.B. No. 1804
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the instructional material list and supplemental
  instructional materials adopted by the State Board of Education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 31.023, Education Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  Each instructional material on the list:
               (1)  must [be]:
                     (A)  be [(1)] free from factual errors;
                     (B)  be [(2)] suitable for the subject and grade
  level for which the instructional material was submitted; [and]
                     (C)  be [(3)] reviewed by academic experts in the
  subject and grade level for which the instructional material was
  submitted;
                     (D)  present a scientific theory in an objective
  educational manner that:
                           (i)  clearly distinguishes the theory from
  fact; and
                           (ii)  includes evidence for both the
  scientific strengths and scientific weaknesses of the theory;
                     (E)  present violence, if it appears, in the
  context of the causes and consequences of the violence and not for
  unwholesome excitement or sensationalism;
                     (F)  present positive aspects of the United States
  and its heritage, if the instructional material discusses the
  United States or its heritage;
                     (G)  present contrasting points of view regarding
  significant political or social movements in history in a balanced
  and factual manner;
                     (H)  treat all groups fairly and avoid biases or
  stereotypes regarding any particular individual, group, or type of
  work to reflect the positive contributions of all individuals and
  groups to the American way of life; and
                     (I)  include information needed to develop mutual
  respect and understanding among all persons; and
               (2)  may not:
                     (A)  include selections or works that condone
  civil disorder, social strife, or disregard for the law;
                     (B)  include blatantly offensive language or
  illustrations;
                     (C)  encourage lifestyles that deviate from
  generally accepted standards of society;
                     (D)  contain a concept described by Section
  28.0022(a)(4)(A); or
                     (E)  be authored by an employee of the agency.
         (c)  If the State Board of Education determines that an
  instructional material being considered for adoption under this
  section contains content that does not comply with the standards
  under Subsection (b), the board may not adopt the instructional
  material unless the publisher removes the content or modifies the
  content in a manner that complies with the standards under that
  subsection.
         SECTION 2.  Section 31.035, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  Notwithstanding any other provision of this subchapter,
  the State Board of Education may adopt supplemental instructional
  materials that are not on the list adopted under Section 31.023.
  The State Board of Education may adopt supplemental instructional
  material under this section only if the instructional material:
               (1)  contains material covering one or more primary
  focal points or primary topics of a subject in the required
  curriculum under Section 28.002, as determined by the State Board
  of Education;
               (2)  is not designed to serve as the sole instructional
  material for a full course;
               (3)  meets applicable physical specifications adopted
  by the State Board of Education; and
               (4)  complies with the standards under Section
  31.023(b) [is free from factual errors;
               [(5)  is suitable for the subject and grade level; and
               [(6)  is reviewed by academic experts in the subject
  and grade level].
         (a-1)  If the State Board of Education determines that an
  instructional material being considered for adoption under this
  section contains content that does not comply with the standards
  under Subsection (a), the board may not adopt the instructional
  material unless the publisher removes the content or modifies the
  content in a manner that complies with the standards under that
  subsection.
         SECTION 3.  Sections 31.023 and 31.035, Education Code, as
  amended by this Act, apply only to an instructional material list or
  supplemental instructional material adopted on or after the
  effective date of this Act. An instructional material list or
  supplemental instructional material adopted before the effective
  date of this Act is governed by the law in effect when the
  instructional material list or supplemental instructional material
  was adopted, and the former law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect September 1, 2023.