AUSTIN, Texas — Gov. Greg Abbott intensified scrutiny of books in Texas public schools on Wednesday, asking the Texas Education Agency to report any instances of pornography being made available to minors "for prosecution to the fullest extent of the law."
The move follows pushback from parents in some school districts over certain books and recent calls from Abbott for state education leaders and school district officials to target obscene content in public schools, including libraries.
In a Wednesday letter to Education Commissioner Mike Morath, Abbott called on the TEA to investigate any "criminal activity" in public schools under Texas' penal code, which makes it an offense to knowingly distribute "harmful material" to kids under 18.
On Monday, Abbott directed leaders from the TEA, State Board of Education and the Texas State Library and Archives Commission to develop statewide standards to prevent the presence of pornography and "obscene content" in public school libraries.
"These standards will be vital in shielding Texas children from this inappropriate content while in a Texas public school," he said in his Wednesday letter. "However, while these standards are being developed, more immediate action is needed to protect Texas students."
TEA officials did not immediately respond to request for comment, but Morath and leaders at the State Board of Education and the Texas State Library and Archives Commission previously said they would comply with Abbott's request for new standards.
The Texas Education Code tasks the Texas State Library and Archives Commission, in consultation with the State Board of Education, to develop library standards for school districts to consider in "developing, implementing, or expanding library services."
The standards currently posted on the Texas State Library and Archives Commission emphasize literacy, access to technology and making libraries a "safe and nurturing environment." They also note the standards are voluntary. They do not appear to address sexual or obscene content.
In his Monday letter to the state agencies, Abbott cited incidents in the Keller and Leander school districts in which parents complained about memoirs by LGBTQ authors.
In the award-winning memoirs, "Gender Queer: a Memoir" by Maia Kobabe and "In the Dream House" by Carmen Maria Machado, the authors address sexual experiences. Kobabe shares their sexual experiences as they came to terms with their nonbinary gender identity and asexuality. Machado's book focuses on an abusive lesbian relationship. Some parents and conservative politicians have taken issue with the books' explicit content, including discussion of sex toys and oral sex.
"Gender Queer," which is illustrated, was removed from the Keller school district in North Texas after parents raised concerns about its depictions of sexual activity.
"In the Dream House" was removed from an optional high school book club list in the Leander school district after a community review process that was prompted by concerns from parents.
Under the Texas penal code, it is an offense to knowingly sell, distribute or exhibit "harmful material" to a minor. Harmful material includes content whose dominant theme encourages interest in sexual matters, is "patently offensive" according to prevailing community standards and is "utterly without redeeming social value for minors."
Such an offense is punishable as a Class A misdemeanor or up to a felony if the person employs or uses a minor to commit the offense.
However, a "person having scientific, educational, governmental, or other similar justification" can have an "affirmative defense," according to the penal code.
"Gender Queer" received the 2020 Alex Award for young adult books from the American Library Association, and is labeled as appropriate for grades 9 and up by the School Library Journal, which noted it serves a resource for LGBTQ students.
"It's also a great resource for those who identify as nonbinary or asexual as well as for those who know someone who identifies that way and wish to better understand," Jenni Frencham wrote in a review for the journal.
"In the Dream House" was recognized by Lambda Literary, which champions LGBTQ books and authors, and the Folio Prize for English-language books. It was also long-listed for the 2020 Andrew Carnegie Medal for Excellence in Nonfiction.
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