Latest Update HB 900: The Fifth Circuit Court of Appeals Rules Against Vendor Accountability, but In Favor of State Standards that Prohibit Sexually Explicit Materials

The leftist groomers would have you believe they got a huge victory out of the Fifth Circuit Court of Appeals. THEY DIDN'T.

The leftist groomers would have you believe they got a huge victory out of the Fifth Circuit Court of Appeals last week when three justices ruled in favor of book vendors in their ongoing lawsuit against HB 900, The READER Act. The court struck down the vendor enforcement mechanism in The READER Act, which held book vendors accountable for the sexually explicit materials they sell to Texas schools.

The truth is their win is small and fleeting. While the court’s opinion focused mostly on jurisdiction and standing, it does not affect the state’s (Texas Education Agency) ability to create and enforce library standards. The standards that prohibit explicit content are IN EFFECT!

This is big news not only for Texas, but other states trying to enact similar laws. The standards being upheld in the decision effectively demonstrate that book collections curated for minors can be weeded for sexually explicit and pervasively vulgar content. Removing sexually explicit, pervasively vulgar, and educationally unsuitable books from school library collections DOES NOT violate the First Amendment.

The vendor enforcement aspect is a temporary defeat that we will continue to work on in the next legislative session. The real victory is in the standards being upheld!

Last month, the State Board of Education, in consultation with the Texas State Library and Archives Commission, approved the state’s first ever mandated Library and Collection Development Standards for Texas Public Schools.

These standards were written into Texas Administrative Code RULE §4.2 School Library Programs: Collection Development Standards and can be found at the following link:

TAC Collection and Development Standards for Texas Public School Libraries

Now, let me be clear…

School officials have ALWAYS had the legal right and the moral imperative to remove sexually explicit content from their schools. Moreover, now, it is clearly against the law for school districts to be in the possession of, and acquire or purchase, sexually explicit, pervasively vulgar, and educationally unsuitable books. This includes school libraries, digital libraries, and classroom libraries.

There are consequences for educators who break the law, and we WILL NOT tolerate rogue districts or their employees who are out of compliance with the law and continue to provide explicit content to Texas children.

The Republican Party of Texas’ subcommittee: Stop Sexualizing Texas Kids is committed to working with parents and advocates across the state in assisting with book audits and with filing complaints against districts who refuse to comply. 

In the months leading up to the 89^th Texas Legislative Session, we have good work ahead of us and a clear path ahead!  For more information on this work and how to audit school libraries, including a list of explicit materials, go to

http://www.protectchildhood.org

In closing, know this: The enemy would have you defeated and discouraged. Don’t be! The enemy is a liar! Victory is the Lord’s!

In liberty and God’s grace,

Christin Bentley M.S.

State Republican Executive Committeewoman, SD-1

Chair, Stop Sexualizing Texas Kids

Official Statement Here: