Bill Text: TX HB3160 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to Internet safety and technology protection policies in public schools and libraries.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-21 - Filed [HB3160 Detail]
Download: Texas-2025-HB3160-Introduced.html
89R9333 AMF-F | ||
By: Toth | H.B. No. 3160 |
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relating to Internet safety and technology protection policies in | ||
public schools and libraries. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 38, Education Code, is | ||
amended by adding Section 38.0233 to read as follows: | ||
Sec. 38.0233. INTERNET SAFETY AND TECHNOLOGY PROTECTION | ||
POLICY. (a) The board of trustees of a school district or the | ||
governing body of an open-enrollment charter school shall adopt an | ||
Internet safety and technology protection policy to protect a | ||
student accessing the Internet or using online instructional | ||
materials, technology, subscriptions, or other online resources or | ||
services, including online school library resources or | ||
subscriptions. The policy must: | ||
(1) require the district or school to comply with the | ||
Children's Internet Protection Act (Pub. L. No. 106-554); | ||
(2) require a vendor of online instructional | ||
materials, technology, subscriptions, or other online resources or | ||
services purchased by the district or school for access or use by a | ||
student to certify compliance with the federal prohibition against | ||
the transfer of obscene materials to minors under 18 U.S.C. Section | ||
1470 and the sale, distribution, or display of harmful material to a | ||
minor under Section 43.24, Penal Code; and | ||
(3) create a procedure that allows the public to: | ||
(A) report concerns related to access of the | ||
Internet or use of online instructional materials, technology, | ||
subscriptions, or other online resources or services by district or | ||
school students; and | ||
(B) receive a response to those concerns from the | ||
district or school. | ||
(b) A school district or open-enrollment charter school | ||
shall annually submit a report to the agency regarding concerns | ||
reported to the district or school under the procedure developed | ||
under Subsection (a)(3). The agency shall annually publish the | ||
reports received under this section for each district or school on | ||
the agency's Internet website. | ||
(c) A school district, an open-enrollment charter school, | ||
and the agency shall use all available legal and contractual | ||
enforcement options to ensure compliance with this section. | ||
Notwithstanding any other law, the commissioner shall withhold from | ||
a school district or open-enrollment charter school that is not in | ||
compliance with Subsections (a) and (b) the district's or school's | ||
entitlement under Chapters 46 and 48 until the district or school | ||
comes into compliance. | ||
(d) The commissioner shall adopt rules as necessary to | ||
implement this section. | ||
SECTION 2. Chapter 441, Government Code, is amended by | ||
adding Subchapter O to read as follows: | ||
SUBCHAPTER O. INTERNET SAFETY AND TECHNOLOGY PROTECTION POLICY | ||
Sec. 441.251. DEFINITION. In this subchapter, "public | ||
library" has the meaning assigned by Section 441.122. | ||
Sec. 441.252. INTERNET SAFETY AND TECHNOLOGY PROTECTION | ||
POLICY. (a) A public library shall adopt an Internet safety and | ||
technology protection policy to protect a minor accessing the | ||
Internet or online library resources or services, including | ||
subscriptions. The policy must: | ||
(1) require the library to comply with the Children's | ||
Internet Protection Act (Pub. L. No. 106-554); | ||
(2) require a vendor of online resources or services | ||
purchased by the library for access or use by a minor to certify | ||
compliance with the federal prohibition against the transfer of | ||
obscene materials to minors under 18 U.S.C. Section 1470 and the | ||
sale, distribution, or display of harmful material to a minor under | ||
Section 43.24, Penal Code; and | ||
(3) create a procedure for the public to: | ||
(A) report concerns related to a minor's access | ||
of the Internet or use of online library resources or services | ||
through the library; and | ||
(B) receive a response to those concerns from the | ||
library. | ||
(b) A public library shall annually submit a report to the | ||
commission regarding concerns reported to the library under the | ||
procedure developed under Subsection (a)(3). The commission shall | ||
annually publish the reports received under this section for each | ||
public library on the commission's Internet website. | ||
(c) A public library and the commission shall use all | ||
available legal and contractual enforcement options to ensure | ||
compliance with this section. A public library not in compliance | ||
with Subsections (a) and (b) is ineligible for state funding. | ||
(d) The commission shall adopt rules as necessary to | ||
implement this section. | ||
SECTION 3. As soon as practicable after the effective date | ||
of this Act: | ||
(1) each school district and open-enrollment charter | ||
school shall adopt an Internet safety and technology protection | ||
policy as required by Section 38.0233, Education Code, as added by | ||
this Act; and | ||
(2) each public library shall adopt an Internet safety | ||
and technology protection policy as required by Section 411.252, | ||
Government Code, as added by this Act. | ||
SECTION 4. As soon as practicable after the effective date | ||
of this Act: | ||
(1) the commissioner of education shall adopt rules | ||
for the administration of Section 38.0233, Education Code, as added | ||
by this Act; and | ||
(2) The Texas State Library and Archives Commission | ||
shall adopt rules for the administration of Section 411.252, | ||
Government Code, as added by this Act. | ||
SECTION 5. This Act takes effect September 1, 2025. |