Texas Education Code
§ 35.0021 — RATING GUIDELINES
ED § 35.0021Title 2. PUBLIC EDUCATION · Part F. CURRICULUM, PROGRAMS, AND SERVICES · Ch. 35. REGULATION OF CERTAIN LIBRARY MATERIAL
Statute text
View on source(a)For purposes of determining whether a library material is sexually explicit as required by Section 35.002, a library material vendor must perform a contextual analysis of the material to determine whether the material describes, depicts, or portrays sexual conduct in a way that is patently offensive.
(b)In performing the contextual analysis of a library material, a library material vendor must consider the following three principal factors with respect to the material:
(1)the explicitness or graphic nature of a description or depiction of sexual conduct contained in the material;
(2)whether the material consists predominantly of or contains multiple repetitions of depictions of sexual or excretory organs or activities; and
(3)whether a reasonable person would find that the material intentionally panders to, titillates, or shocks the reader.
(c)In examining the three factors listed under Subsection (b), a vendor must weigh and balance each factor and conclude whether the library material is patently offensive, recognizing that because each instance of a description, depiction, or portrayal of sexual conduct contained in a material may present a unique mix of factors.
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Legislative history
Added by Acts 2023, 88th Leg., R.S., Ch. 808 (H.B. 900), Sec. 3, eff. September 1, 2023.