Austin leaders brace for state lawmakers to take up bills restricting library content and resources

After Texas lawmakers placed limitations on how Texas teachers approach lessons on history and racism and passed anti-trans legislation in recent sessions, Austin leaders are preparing for further action on these fronts when the Legislature convenes for its 88th session in January. 

During a Monday meeting at the Windsor Park Branch in East Austin, the Library Commission discussed recently filed bills that could impact library content and resources. 

House Bill 338 calls on publishers to assign age ratings such as BK-MA for books with “explicit depictions of sexuality” or BK-PG for those with “suggestive dialogue or situations.” These classifications would apply to all books sold to school districts and charter schools in Texas, though librarians already have systems in place to organize books. 

Another bill could impact a digital resource for K-12 students known as TexQuest that provides access to databases and vendors, the contracts of which rest with the state library. The bill would give the State Board of Education the authority to set standards for online library resources for primary and secondary schools.

Wendy Woodland with the Texas Library Association said library staff has faced unprecedented challenges lately.

“Texas has had more books banned in schools than any other state in the country, and this organized push to remove books from schools and public libraries is not slowing down,” Woodland said. 

Baylor Johnson, communications manager at Austin Public Library, noted drag performance legislation as another topic on their radar. Filed by state Rep. Jared Patterson, HB 643 proposes criminal charges and fines for venue owners hosting transgender performers or drag shows. 

“Would they say that a transgender librarian teaching a cooking class as a program at one of our libraries – is that a drag performance? Is one of our male children’s librarians putting on a tiara while reading a princess book – is that a drag performance?” Johnson said. 

“These are the reasons we’re looking even beyond the things that specifically mentioned libraries for educational books and materials in schools, because we’re concerned about the impacts that they could have on our broader work,” Johnson said. 

Woodland also drew the commissioners’ attention to HB 631, filed by state Rep. Steve Toth. Woodland said it shares similarities with Florida’s Parental Rights in Education Act – also known as the “Don’t Say Gay” bill – since it seeks to prohibit classroom instruction by school personnel or third parties on sexual orientation or gender identity in grades K-5. 

Woodland described big challenges ahead. “There’s a lot to do over the next 140 days since the Legislature comes into session, but sort of opportunities,” she said. “This is a great opportunity to really show what libraries are all about and the amazing impact they have on their communities.” 

On legislation that could affect library content, commissioners heard about a bill filed by former City Council Member Ellen Troxclair. It calls for repealing an affirmative defense to a person with educational or a similar justification for distributing or displaying harmful material to a minor.

Earlier this fall, the city responded to state efforts to regulate content in schools and libraries. In September, City Council unanimously adopted a resolution opposing book banning and promoting a freedom to read declaration. Now, more action could be coming. 

Commissioner Courtney Rosenthal suggested that the commission continue to discuss legislative issues in a coming meeting to consider a response to some bills, saying this session may be an “all hands on deck situation.”

Photo made available through a Creative Commons license.

This story was produced as part of the Austin Monitor’s reporting partnership with KUT.

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