Relating to the purchase, adoption, and use of instructional materials by public schools, the official 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