TITLE 13. CULTURAL RESOURCES

PART 1. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

CHAPTER 2. GENERAL POLICIES AND PROCEDURES

SUBCHAPTER A. PRINCIPLES AND PROCEDURES OF THE COMMISSION

The Texas State Library and Archives Commission (commission) adopts amendments to 13 Texas Administrative Code, §2.2, Responsibilities of the Commission and the Director and Librarian, and §2.3, Procedures of Commission. The amendments are adopted without changes to the proposed text as published in the December 5, 2025, issue of the Texas Register (50 TexReg 7813). The rules will not be republished.

BACKGROUND. The adopted amendments increase the dollar threshold at which non-competitive grants require formal commission approval from $100,000 to $250,000. The $100,000 threshold was established by the commission over three decades ago. Increasing the approval threshold reflects the evolving financial landscape in which the agency operates and promotes agency efficiency. The amendments do not change the commission's requirement to approve all competitive grants, regardless of dollar amount.

EXPLANATION OF AMENDMENTS.

The amendment to §2.2(b)(4) increases the non-competitive grant threshold requiring commission approval from $100,000 to $250,000.

The amendment to §2.3(k) makes a corresponding revision by replacing the reference to non-competitive grants of $100,000 or more with non-competitive grants of $250,000 or more.

SUMMARY OF COMMENTS. The commission did not receive any comments on the proposed amendments or any information related to the cost, benefit, or effect of the proposed amendments.

STATUTORY AUTHORITY. The amendments are adopted under Texas Government Code §441.002, which authorizes the commission to assign duties to the director and librarian and requires the commission to develop and implement policies that separate policy-making and management responsibilities, and under §441.006, which authorizes the commission to administer and approve state library grants.

CROSS REFERENCE TO STATUTE. Government Code, Chapter 441.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 18, 2026.

TRD-202600769

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Effective date: March 10, 2026

Proposal publication date: December 5, 2025

For further information, please call: (512) 463-5460

The Texas State Library and Archives Commission (commission) adopts amendments to 13 Texas Administrative Code, §2.56, Training and Education of Staff. The amendments are adopted without changes to the proposed text as published in the December 5, 2025, issue of the Texas Register (50 TexReg 7816) and will not be republished.

BACKGROUND. Section 656.048 of the Government Code directs state agencies to adopt rules relating to the eligibility of the agency's administrators and employees for agency-supported training and education, as well as the obligations administrators and employees assume when receiving such training and education. Section 656.048 also directs state agencies to adopt rules requiring that before an administrator or employee of the agency may be reimbursed for a training or education program offered by an institution of higher education or private or independent institution of higher education, the executive head of the agency must authorize the tuition reimbursement payment.

The commission recently updated its tuition assistance program. As a result of these updates, the commission finds it necessary to update its rule regarding training and education of staff to ensure its policy and rule align. In addition, the current rule was adopted in 2001 with only minor non-substantive amendments since that time. The adopted amendments update the rule in compliance with §656.048 and update the rule language for readability and clarity.

EXPLANATION OF AMENDMENTS.

The amendment to subsection (a) replaces existing language regarding the purpose of the agency's training and education program with broader language regarding the statutory authority for the program. The new subsection also adds language noting that the agency will develop policies for employee training and education. Greater details regarding the program will be available in the agency's policies.

New subsection (b) describes what the agency's training and education program may include: agency sponsored training, seminars and conferences, internet training, and tuition reimbursement. This list is not exhaustive of all possible training and education the agency may provide its employees but notes the most common.

An amendment to subsection (e) adds that approval for participation in a training program is not automatic and may be subject to the availability of funds.

Amendments to subsection (g) add an introductory clause to the existing obligations for employees on completion of training. Other amendments to this subsection clarify existing language.

Amendments to subsection (h) clarify the existing language regarding when an employee may be required to reimburse the agency for training the employee fails to attend.

Amendments to subsection (i) delete references to "special training," and add a reference to the agency's Tuition Assistance Program. The amendments also add the purpose of the agency's Tuition Assistance Program.

An amendment deletes current subsection (i), as the content of this subsection is included within current subsection (b), which is renumbered as subsection (c).

Amendments to subsection (j) add specific references to the Tuition Assistance Program and add employee eligibility information.

New subsection (k) provides that an employee who wishes to participate in the Tuition Assistance Program must agree in writing to a one-year service commitment to the agency. Employees who do not complete their service commitment would be required to reimburse the agency for the amount of tuition reimbursements made to the employee.

New subsection (l) states that before a tuition reimbursement is made to an employee or administrator, the director and librarian must approve the payment.

Finally, amendments throughout update the numbering of the subsections due to the addition and deletion of subsections throughout the section.

SUMMARY OF COMMENTS. The commission did not receive any comments on the proposed amendments or any information related to the cost, benefit, or effect of the proposed amendments.

STATUTORY AUTHORITY. The amendments are adopted under Government Code, §656.048, which directs state agencies to adopt rules relating to the eligibility of the agency's administrators and employees for training and education supported by the agency and the obligations assumed by the administrators and employees on receiving the training and education, and to adopt rules requiring that before an administrator or employee of the agency may be reimbursed for a training or education program offered by an institution of higher education or private or independent institution of higher education, the executive head of the agency must authorize the tuition reimbursement payment.

CROSS REFERENCE TO STATUTE. Government Code, Chapter 441.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 18, 2026.

TRD-202600770

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Effective date: March 10, 2026

Proposal publication date: December 5, 2025

For further information, please call: (512) 463-5460

CHAPTER 4. SCHOOL LIBRARY PROGRAMS

SUBCHAPTER A. STANDARDS AND GUIDELINES

The Texas State Library and Archives Commission (commission) adopts amendments to §4.2, School Library Programs: Collection Development Standards. The amendments are adopted with changes to the proposed text as published in the November 28, 2025, issue of the Texas Register (50 TexReg 7645) and will be republished.

BACKGROUND. The amendments are adopted to implement Senate Bill (SB) 13, 89th Regular Session (2025), which amended portions of the Education Code related to public school libraries, including the school library collection development standards first adopted by the commission in December 2023. Because of the statutory changes made by SB 13, the commission finds it necessary to amend the school library collection development standards to implement and comply with the new legislation.

Section 33.021 of the Education Code requires approval (by majority vote) by the State Board of Education (SBOE) of the school library collection development standards prior to adoption by the commission. The commission originally considered draft amendments to the standards at its August 1, 2025, meeting and approved forwarding the draft amendments to the SBOE Chair and SBOE Member appointed to work on the collection development standards. Representatives of the commission met with the SBOE Chair and Member to discuss SBOE feedback and, after making additional changes to the standards to reflect input of the SBOE, finalized a draft of the proposed amendments. The commission approved the publication of the proposed amendments at its November 14, 2025, meeting. After reviewing the public comments received and finalizing the amendments, the commission presented the final draft of the proposed amendments to the SBOE for approval at their January 30, 2026, meeting. The SBOE approved the amendments by majority vote.

EXPLANATION OF ADOPTED AMENDMENTS. An amendment to subsection (a) adds the term "library" before "materials" for consistency with the term as defined by Educ. Code, §33.020(3). An amendment to this subsection also adds the statutory citation for the definition of "library materials" to enable individuals to locate and review the full statutory definition. If Educ. Code, §33.030(3) is amended in the future, the rule will remain up-to-date and no amendments to the rule language will be necessary.

An amendment to paragraph (c)(6) adds "catalog" to clarify that the access plan must, at a minimum, allow efficient parental access to both the school district's physical and online library catalogs. An additional amendment made on adoption adds "physical" before "catalog" to clarify the rule references both a school library's physical and online catalogs.

Amendments to subparagraph (c)(7)(B) separate the subparagraph into clauses to provide greater clarity in the subparagraph's requirements and reinforce that each item stands alone as an individual requirement. An amendment to clause (i) updates the statutory reference for the definition of "harmful material" to Educ. Code, §33.020(1) as added by SB 13. Another amendment updates the reference to Board of Education v. Pico, 457 U.S. 853 (1982) consistent with Educ. Code, §33.021(d)(2)(A)(iii) as amended by SB 13. A change made on adoption to clause (iv) adds the statutory reference to the definitions of indecent content and profane content. Other amendments to §4.2(c)(7)(B) add new requirements added to Educ. Code, §33.021 for a school district's collection development policy- that the collection development policy must prohibit the possession, acquisition, and purchase of library material containing indecent or profane content and library material that refers a person to an Internet website containing content prohibited by the rule. Finally, amendments update and correct punctuation throughout the subparagraph.

An amendment to subparagraph (c)(7)(D) adds library mobile applications and any other library catalog a student may access to the scope of the collection development standards as required by SB 13.

An amendment to subparagraph (c)(7)(H) adds the requirement that a collection development policy must demonstrate a commitment to compliance with the Children's Internet Protection Act as required by SB 13.

An amendment to subsection (d) adds a requirement to consider recommendations of a local school library advisory council (LSLAC) if a district has established one when evaluating materials for inclusion in a school library. The amendment also adds the statutory citation for LSLACs.

Amendments to subsection (e) change "legal guardian" to "person standing in parental relation" consistent with SB 13 and add that a person residing in the school district may request reconsideration of a specific item in their school district's library catalog as established by SB 13. Additional amendments to this subsection update the reference to the form used to request reconsideration of an item and define "reasonable timeframe" for review and recommendation (changed on adoption from "review and decision" as proposed) by a committee to mean no longer than 90 days after the date the request for reconsideration is received, as required by SB 13. Final decisions on an item will be made by the school district's board of trustees as required by SB 13. Finally, an amendment to the subsection requires that a school district prohibit students enrolled in the district from accessing material that is going through the reconsideration process until the district takes action on the material as required by SB 13.

SUMMARY OF COMMENTS. The Commission received comments on the proposed amendments from the Texas Library Association (TLA) and four individuals during the comment period as discussed below.

COMMENT: TLA did not have any comments on or suggested changes to the proposed amendments but noted that SB 13 has created major challenges for school districts and librarians, including repeated policy revisions, an added layer of bureaucracy, increased administrative burdens due to centralizing material-challenge decisions at the board level, and a purchasing process that limits librarians' ability to serve students and support learning.

RESPONSE: The commission appreciates the comment.

COMMENT: Two individuals commented that the references to vendor rating requirements established by House Bill (HB) 900, 88th Regular Session (2023), should be removed from the rule as those requirements were declared unconstitutional and permanently blocked by the United States District Court for the Western District of Texas.

RESPONSE: The commission notes that while the United States District Court for the Western District of Texas did issue an order permanently enjoining certain sections of the Education Code as added by HB 900, including the sections requiring vendors to rate library materials, Defendant Mike Morath appealed the ruling on October 23, 2025. Therefore, though the injunction remains in effect and the enjoined laws are unenforceable at this time, there still has been no final determination. Until the matter is finally determined by the courts, the commission declines to make a change to this section.

COMMENT: Two individuals suggested the rule include full definitions of certain terms, including but not limited to "harmful material," "educationally unsuitable," "obscene content," "profane content," and "indecent content," noting that school librarians and administrators need clear, accessible definitions directly within the Administrative Code rather than cross-references to external statutes.

RESPONSE: The commission appreciates the comment and considered including full statutory definitions within the proposed rules but ultimately decided against such action. The primary reason for not including the full text of statutory definitions is that by defining terms by reference to the statute, the rule will remain up to date should any of the statutory definitions be amended in the future. In addition, for terms defined in the rule by reference to statutes, the commission notes that statutes are easily accessible and freely available online at https://statutes.capitol.texas.gov/. The commission also suggests interested persons review the guidance material on SB 13 created by the Texas Education Agency, available online at https://tea.texas.gov/texas-schools/school-boards/sb13-guidance.pdf. Finally, the commission notes that of the terms noted by the commenter, only "harmful material," "profane content," and "indecent content" are specifically defined in statute. "Educationally unsuitable" is defined in statute by reference to the United States Supreme Court case, Board of Education v. Pico, 457 U.S. 853 (1982). "Obscene content" is not specifically defined in SB 13 by reference or otherwise. The commission declines to add any definitions not specifically adopted by the Texas legislature.

COMMENT: One individual commented that a strict 90-day deadline for a decision regarding challenged material may not always be reasonable, particularly when multiple book challenges are submitted simultaneously or at a time when the district is closed. The commenter noted that flexibility is needed to maintain the integrity and quality of the review process.

RESPONSE: The commission appreciates the comment and notes that the 90-day deadline is required by statute. However, the commission further notes that the language as proposed should be clarified to ensure consistency with SB 13. The 90-day deadline pertains to a recommendation on a challenge by a review committee and not a final decision on the item. Education Code §33.027(b) as added by SB 13 requires a Local School Library Advisory Council (LSLAC) to make a recommendation on an item within 90 days after receiving a copy of the challenge. The district's board of trustees must then make a decision on the item at the first open meeting of the board held after the LSLAC has made a recommendation. If a district has not established an LSLAC, the district's board of trustees must take action on a challenge at the first open meeting held after the 90th day after the date on which the districts receives a written challenge. Therefore, whether the committee reviewing an item is an LSLAC or a review committee formed by the district, the committee has 90 days to review an item and make a recommendation. The commission appreciates that this deadline may be difficult to meet if multiple books are challenged at the same time or if challenges are submitted when the district is closed. However, the commission is bound by the deadlines established in SB 13.

COMMENT: One individual commented that SB 13 added library material that contains profane or indecent content to the list of materials prohibited in school libraries and states this type of content does not require reviewing a book in its entirety, unlike library material that is obscene or contains harmful content. This individual recommended revising subsection (e)(4) to explain the different review standards depending on whether the challenge is based on "obscene or harmful" content or "profane or indecent" content.

RESPONSE: The commission notes that while SB 13 did add additional prohibitions on certain types of library material, the Legislature did not establish a different review process or standard to apply to a review committee's review of those items. Nor is the commission aware of a different standard required for a committee when reviewing materials that contain obscene or harmful content as opposed to profane or indecent content. The commission has determined that a thorough review of challenged material will aid the review committee in making its findings of fact and provide the strongest context and position for the committee's recommendation. As such, the commission has determined that reviewing material in its entirety is a best practice when the material is challenged, regardless of the reason for the challenge, and therefore declines to make a change based on this comment.

COMMENT: One individual commented that SB 13 expanded the right to challenge materials to all district residents, not solely parents of children in the district. This individual recommended that subsection (c)(6) be revised to expand access to the school district's library catalog to the public as opposed to just parents.

RESPONSE: The commission appreciates the comment and points the commenter to subsection (c)(7)(E), which addresses the individual's comment directly by requiring schools to provide library catalog transparency, including, but not limited to online catalogs that are publicly available. Subsection (c)(6) specifically relates to a parental access plan the district establishes within its collection development policy, which supports parents' roles as primary decision makers regarding a student's access to library material. No change is necessary in response to this comment.

The commission received four comments on the proposed amendments during the Commission's November 14, 2025, commission meeting prior to approval of the proposed amendments. One individual provided comments in-person, and the other three comments were read aloud. All comments were considered by the commission. However, the commission did not recommend any changes to the proposed amendments based on the comments presented during the commission meeting and approved publication of the proposed amendments as presented. However, one commenter suggested adding "physical" before "catalog" in subsection (c)(6) for clarity. The commission appreciates the suggestion and makes the change on adoption.

STATUTORY AUTHORITY. The amendments are adopted under Education Code, §33.021, which requires the commission to adopt standards for school library collection development that a school district shall adhere to in developing or implementing the district's library collection development policies.

§4.2. School Library Programs: Collection Development Standards.

(a) Each Texas public school district board or governing body must approve and institute a collection development policy that describes the processes and standards by which a school library acquires, maintains, and withdraws library materials as defined by Education Code, §33.020(3).

(b) A school library collection should include materials that are age appropriate and suitable to the campus and students it serves and include a range of materials. A school library collection should:

(1) Enrich and support the Texas Essential Knowledge and Skills (TEKS) and curriculum established by Education Code, §28.002 (relating to Required Curriculum), while taking into consideration students' varied interests, maturity levels, abilities, and learning styles;

(2) Foster growth in factual knowledge, literary appreciation, aesthetic values, and societal standards;

(3) Encourage the enjoyment of reading, foster high-level thinking skills, support personal learning, and encourage discussion based on rational analysis; and

(4) Represent the ethnic, religious, and cultural groups of the state and their contribution to Texas, the nation, and the world.

(c) A school library collection development policy must:

(1) Describe the purpose and collection development goals;

(2) Designate the responsibility for collection development;

(3) Establish procedures for the evaluation, selection, acquisition, reconsideration, and deselection of materials;

(4) Consider the distinct age groups, grade levels, and possible access to materials by all students within a campus;

(5) Include a process to determine and administer student access to material rated by library material vendors as "sexually relevant" as defined by Education Code, §35.001 consistent with any policies adopted by the Texas Education Agency and local school board requirements;

(6) Include an access plan that, at a minimum, allows efficient parental access to the school district's physical library catalog and online library catalog; and

(7) Comply with all applicable local, state, and federal laws and regulations. Specifically, a collection development policy must:

(A) Recognize that parents are the primary decision makers regarding their student's access to library material;

(B) Prohibit the possession, acquisition, and purchase of:

(i) harmful material, as defined by Education Code, §33.020(1);

(ii) library material rated sexually explicit material by the selling library material vendor under Education Code, §35.002;

(iii) library material that is pervasively vulgar or educationally unsuitable as referenced in Board of Education v. Pico, 457 U.S. 853 (1982);

(iv) library material containing indecent content as defined by Education Code, §33.020(2) or profane content as defined by Education Code, §33.020(4);

(v) or library material that refers a person to an Internet website containing content prohibited under this subsection, including by use of a link or QR code, as defined by Health and Safety Code, §443.001;

(C) Recognize that obscene content is not protected by the First Amendment to the United States Constitution;

(D) Be required for all library materials available for use or display, including material contained in school libraries, classroom libraries, online catalogs, library mobile applications, and any other library catalog a student may access;

(E) Ensure schools provide library catalog transparency, including, but not limited to:

(i) Online catalogs that are publicly available; and

(ii) Information about titles and how and where material can be accessed;

(F) Recommend schools communicate effectively with parents regarding collection development, including, but not limited to:

(i) Access to district/campus policies relating to school libraries;

(ii) Consistent access to library resources; and

(iii) Opportunities for students, parents, educators, and community members to provide feedback on library materials and services;

(G) Prohibit the removal of material based solely on the ideas contained in the material or the personal background of the author of the material or characters in the material; and

(H) Demonstrates a commitment to compliance with the Children's Internet Protection Act (Pub. L. No. 106-554), including through the use of technology protection measures, as defined by that Act.

(d) Evaluation of materials as referenced in this section includes a consideration of the factors described in subsection (b) of this section, consideration of local priorities and school district standards, including recommendations of a local school library advisory council if the district has established one under Education Code, §33.025, and at least two of the following:

(1) Consideration of recommendations from parents, guardians, and local community members;

(2) Consultation with the school district's educators and library staff and/or consultation with library staff of similarly situated school districts and their collections and collection development policies;

(3) An extensive review of the text of item;

(4) The context of a work, including consideration of the contextual characteristics, overall fit within existing school library collection, and potential support of the school curriculum; or

(5) Consideration of authoritative reviews of the items from sources such as professional journals in library science, recognized professional education or content journals with book reviews, national and state award recognition lists, library science field experts, and highly acclaimed author and literacy expert recommendations.

(e) A reconsideration process as referenced in this section should ensure that any parent or person standing in parental relation to a student enrolled in the school district, a person employed by the district, or a person residing in the district may request the reconsideration of a specific item in their school district's library catalog. A reconsideration process should:

(1) Establish a uniform procedure an individual must follow when filing a request;

(2) Require a school district to include a form adopted by the Texas Education Agency to request a reconsideration of an item on the school's public internet website if the school has a public internet website or ensure the form is publicly available at a school district administrative office;

(3) Require that the completed form be distributed to the superintendent or superintendent designee, school librarian, school district board of trustees or governing body at the time of submission;

(4) Include a reasonable timeframe, approved by the school board, for the review and recommendation by a committee charged with the review of the item in its entirety. A district should convene a review committee in accordance with criteria established by the district to ensure a thorough and fair process. A reasonable timeframe should take no longer than 90 days after the date the request for reconsideration is received and take into account:

(A) The time necessary to convene a committee to meet and review the item;

(B) Flexibility that may be necessary depending on the number of pending reconsideration requests; and

(C) Other factors relevant to a fair and consistent process, including informing the requester on the progress of the review in a timely fashion;

(5) Prohibit students enrolled in the district from accessing the material until the district takes action in response to the request for reconsideration;

(6) Include a review and appeal process approved by the school district board of trustees or governing body; and

(7) Provide that if an item has gone through the reconsideration process and remains in the collection, a school district may not be required to reconsider an item within two calendar years of the final decision.

(f) School districts should ensure a professional librarian certified by the State Board for Educator Certification or other dedicated professional library staff trained on proper collection development standards is responsible for the selection and acquisition of library materials.

(g) A school district must develop collection assessment and evaluation procedures to periodically appraise the quality of library materials in the school library to ensure the library's goals, objectives, and information needs are serving its school community and should stipulate the means to weed or update the collection.

(h) A school district's collection development policy should be reviewed at least every three years and updated as necessary.

(i) School districts may add procedures to these minimum requirements to satisfy local needs so long as the added procedures do not conflict with these minimum requirements.

(j) School districts are responsible for ensuring their school libraries implement and adhere to these collection development standards.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 18, 2026.

TRD-202600755

Sarah Swanson

General Counsel

Texas State Library and Archives Commission

Effective date: March 10, 2026

Proposal publication date: November 28, 2025

For further information, please call: (512) 463-5460

PART 2. TEXAS HISTORICAL COMMISSION

CHAPTER 13. TEXAS HISTORIC PRESERVATION TAX CREDIT PROGRAM

The Texas Historical Commission (hereafter referred to as the Commission) adopts amendments to §13.1 and §13.2 of Title 13, Part 2, Chapter 13 of the Texas Administrative Code (relating to the Texas Historic Preservation Tax Credit Program). The rules are adopted without changes to the text as published in the November 28, 2025, issue of the Texas Register (50 TexReg 7648). The rules will not be republished.

The adopted amendments are needed to implement House Bill 4044 introduced by Representative Meyer and passed into law during the 89th Legislative session. These changes address the addition of public institutions of higher education as eligible recipients under certain circumstances.

The adopted amendments include a provision that specifies that an institution of higher education or university system as defined in Section 61.003, Education Code, will not be subject to the depreciation and tax-exempt use provisions as defined in Section 47(c)(2) of the Internal Revenue Code, as laid out in Texas Tax Code § 172.102(b). The change applies to eligible costs and expenses incurred on or after the effective date of the act, January 1, 2026, until the amendment expires on January 1, 2035.

No comments pertaining to these rule revisions were received during the thirty-day period following publication in the November 28, 2025, issue of the Texas Register (50 TexReg 7648).

These amendments are adopted under the authority of Texas Government Code § 442.005(q), which provides the Commission with the authority to promulgate rules to reasonably affect the purposes of the Commission, and Texas Government Code § 172.110, of the Texas Tax Code, which authorizes the Commission to adopt rules necessary to implement the Tax Credit for Certified Rehabilitation of Certified Historic Structures.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 13, 2026.

TRD-202600676

Joseph Bell

Executive Director

Texas Historical Commission

Effective date: March 5, 2026

Proposal publication date: November 28, 2025

For further information, please call: (512) 463-6100