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Board hears state bill update: proposal to restrict ALA funding and bills affecting obscenity defenses

Pflugerville Library Board · February 13, 2025
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Summary

The director briefed the board on House Bill 2572, which would bar public funds for American Library Association membership and related continuing education, and on Senate bills (SB242, SB88, SB89) that staff said would alter affirmative defenses and how the Miller test applies; the bills are in committee.

The Pflugerville Library Board was briefed on several recently filed state bills that, if enacted, could change libraries’ use of public funds and legal defenses related to materials deemed obscene.

Director (speaker 2) said House Bill 2572 (filed Feb. 7) would prohibit use of public funds by libraries to support membership in the American Library Association or to pay for staff attendance at ALA continuing education and conferences. “The text of this bill is essentially, no public funds would be used to have the organization be a member of the American Library Association,” the director said.

The director also reviewed three Senate bills—SB242, SB88, and SB89—which she characterized as substantially similar and said they concern affirmative defenses to prosecution for certain criminal offenses involving material or conduct that may be obscene or harmful to children. According to the director’s description, those bills would change how the Miller test is applied in such cases.

The director advised the board these measures have been referred to committee (she referenced the criminal justice committee) and encouraged members to track the bills on Texas Legislature Online or the Texas Library Association’s bill tracker to read full texts and follow committee action.

Board members did not vote or take formal action on the legislation during the meeting; no official board advocacy position was recorded. The board was advised to monitor the bills and staff suggested returning updates as committees take action.