HB 900
HB 900 was passed by the 88th Texas Legislature and went into effect on September 1, 2023, but due to a lawsuit there is an injunction currently in place blocking some parts of the law.
The slideshow below explains the law as it was written and its implications for Austin ISD libraries and schools. The timeline below that explains the progression of the lawsuit and the current status of the various components of the law.
Click for a handy INFOGRAPHIC that provides a quick and useful overview of what you need to know about HB 900. For more detailed information, check out the slideshow below.
A Timeline of HB 900 and the Legal Proceedings
HB 900 was signed by Governor Abbott on June 12, 2023, to take effect on September 1, 2023.
On July 25, Book People and a coalition of bookstores, booksellers, and publisher/author organizations filed a lawsuit against the State and a motion for an injunction to block the implementation of the law, stating that provisions of the law - specifically those requiring vendors to rate all books sold to schools (past, present, and future) - are unconstitutional.
The state filed a motion to dismiss the lawsuit on August 16.
On October 31, a federal judge granted the injunction and issued an opinion and order blocking the law from taking effect.
A motions panel of the Fifth Circuit Court in Texas issued an administrative stay on the injunction on September 25 and instructed the appeals process to be "expedited". This put HB 900 back into effect until the case could be heard.
On November 29, oral arguments were heard by the Fifth Circuit Court on the State's appeal of the federal judge's order. The state asked the appeals court to reverse the injunction and send the case back to the federal judge with instructions to dismiss the lawsuit. The plaintiffs wanted the court to lift the administrative stay so the injunction would be reinstated.
CURRENT STATUS: On January 17, 2024, the Fifth Circuit Court issued its decision, which was split. On April 23, 2024, the same court declined to reconsider their decision, so the following still stands:
The court reinstated the injunction blocking the part of the law that requires vendors to rate the books.
The other parts of the law that are dependent on vendor ratings (i.e., removing, labeling, and restricting access to certain books based on vendor ratings, and publishing an annual list of books in each library with a certain rating) are therefore also blocked.
They allowed the portion of the law related to mandatory revisions of the collection development standards to remain in effect.
Additional appeals are in progress, but there is currently no indication of what the next step will be or when it will take place.
RESOURCES:
The website of the Texas Library Association provides helpful information on HB 900 implementation and developments HERE.
PW (Publishers Weekly) has several helpful articles about the lawsuit and legal proceedings; go HERE and type HB 900 in the search box.
AISD Principals received information about HB 900 in an item in the August 17th Principal's Weekly.
The Texas Library Association sent a letter to Superintendent Segura about HB 900, dated August 10, 2023.