HB 100

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