All eyes are on Texas as HB 900, the state’s controversial new book rating law, is slated to take effect September 1, 2023. Signed by Governor Greg Abbott on June 12, the legislation aims to prevent the sale of books deemed “sexually explicit” or “sexually relevant” to school districts by requiring book publishers and vendors to rate individual titles based on content. Under the new law, not only will books currently for sale receive a rating, but vendors must also identify past purchases from school districts that run afoul of the rating system. These titles will then be retroactively pulled from classrooms and school libraries.

A coalition of book sellers and book industry advocates filed a federal lawsuit on July 25 seeking to block HB 900. Plaintiffs in the case are independent bookstores BookPeople in Austin and Blue Willow Bookshop in Houston, both of which sell materials to Texas schools. Joining them are the Comic Book Legal Defense Fund (CBLDF), American Booksellers Association, and Association of American Publishers, as well as the Authors Guild. An additional slate of interested parties, including the Association of University Presses, Barnes & Noble Booksellers, and the American Association of School Libraries, filed an amicus curiae brief in support of the original plaintiffs.

Under the law, new collection development policies are to come from the Texas State Library and Archives Commission (TSLAC) by January 1, 2024. Following that is an April 2024 deadline for vendors to rate their titles. While anti-censorship non-profit FReadom Fighters advises that districts await the deadlines before taking any action, some have already been halting incoming book sales or asking schools to vet materials currently on the shelves. “Understanding what the law actually requires is important, since we are already seeing Texas districts reacting out of fear or misinformation and restricting access,” said ß, who asked to remain anonymous for the article. A statement from the Texas Library Association reiterates these concerns: “Questions about how this new law will be implemented have created a great deal of uncertainty among school librarians who seek to retain the ability to build collections that inspire and support every student they serve.”

“The rating requirements add unwieldy, impractical layers of bureaucracy and red tape which will not only drive-up costs for school districts but will prevent children from having ready access to the books they want and need to read,” continues the statement from the Texas Library Association. “Professional educators, not private businesses, should determine if content in books is appropriate. And parents, not the state, are responsible for determining what their children read.”

As reported in Publishers Weekly, the complaint states: “By giving the state unbridled and arbitrary discretion to declare books ‘sexually explicit’ and ‘sexually relevant’ and prohibit the sale of constitutionally protected materials by a bookseller, with no recourse and no provision for judicial review, the [law] constitutes a prior restraint that violates the First and Fourteenth Amendments to the U.S. Constitution.”

“Booksellers should not be the ones to determine appropriate content for students across the state,” said Charley Rejsek, CEO of BookPeople. Speaking with Publishers Weekly, Rejsek said, “Each community is individual and has different needs. Setting local guidelines is not the government’s job either. It is the local librarian’s and teacher’s job, in conjunction with the community they serve.”

CBLDF CEO Jeff Traxler noted that he and his team have been following HB 900 since it was introduced by Rep. Jared Patterson as the READER (Restricting Explicit and Adult Designated Educational Resources) Act. Traxler highlighted the fact that the federal suit is not about prosecuting educational institutions, but rather protecting them. “Schools, libraries, and even the Texas Education Agency best fulfill their purpose when they reflect American values, and the First Amendment is fundamental to this country’s civic life.”

Additional concerns regarding HB 900 are delineated in the complaint: There is no process for appealing a rating, and if a book vendor does not adopt the new rating system it can be prohibited from selling material to Texas schools, a significant financial hit to the bottom line of smaller retailers. Logistically, implementing a state-mandated rating system “…creates an impossibly onerous and cumbersome process that bookstores and other vendors must follow, forcing them to review massive amounts of material without the benefit of clear and workable standards, and compelling them to recall titles previously sold over an indeterminate period of time,” according to a July press release from the American Association of Publishers.

While it will take time to see the impacts of HB 900 on the work of school librarians, FReadom Fighters are hopeful yet guarded. “Over the last two years, we have seen that faculty are mostly supportive of the library in general and in opposition to censorship,” the FReadom Fighters representative said. “This law, like others in other states, however, leads to self-censorship, which is something educators also struggle with. So, like with laws in other states, we fear that consequence and that materials that students deserve to have access to, even under the new law, will be swept out in the process.”

Oral arguments in the federal case were filed on August 18, with attorneys for the plaintiffs filing a motion for a preliminary injunction against the September 1 effective date. Publishers Weekly reports it is unclear when federal judge Alan D. Albright will rule on the motion.

LJ did not receive a response to requested comment from Representative Patterson, and TSLAC does not comment on active litigation.