SB60

Regular Session

Relating to the disposition by a public junior college library of certain library materials.

LowStandard timeline

Low Cost

Effective:2025-09-01

Enforcing Agencies

Public Junior College Administration • Public Junior College Libraries

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Internal disposition policies must be active before the first donation occurs).
Agency Rulemaking: No state-level rulemaking is mandated. However, local District Boards must adopt internal procedures to operationalize the statute prior to the effective date.

Immediate Action Plan

Draft Policy 3.0: Define "De Minimis Value" (e.g., <$5.00) and establish a hierarchy of recipients (Non-profits > Public > Individuals) to be approved by the Board before September.
Issue Legal Directive: Explicitly forbid the donation of e-books and licensed media to prevent MSA breaches.
Create Disposition Log: Develop the internal form required to certify an item's obsolescence and value prior to transfer.
Audit Inventory: Identify materials currently in storage eligible for immediate donation on September 1 to clear warehouse space.

Operational Changes Required

Contracts

CRITICAL WARNING: Review Master Service Agreements (MSAs) with digital publishers (e.g., EBSCO, ProQuest, OverDrive). While the statute permits donating "library materials," you generally do not own e-books—you license them. Legal counsel must issue a standing order prohibiting the "donation" or transfer of digital files and login credentials to avoid immediate breach of contract and copyright infringement.

Hiring/Training

Library staff require training on the new "De-accessioning Protocol." They must be competent to:

1. Distinguish between "owned physical assets" and "licensed digital assets."
2. Assess market value to ensure items meet the "de minimis" threshold.
3. Navigate ethical boundaries to prevent preferential treatment when donating to individuals (e.g., prohibiting donations to staff or family members).

Reporting & Record-Keeping

To survive a state audit, you must operationalize the "determination of value" required by the statute.

Disposition Log: Create a mandatory form where staff certify: *"I attest this item is obsolete/duplicate and possesses little or no monetary value."*
Asset Management: Update the Master Asset Catalog to reflect items as "Donated per SB60" rather than "Lost" or "Destroyed."

Fees & Costs

No new fees are imposed. Institutions should anticipate minor operational savings by reducing the volume of material requiring paid waste management or third-party auction services.

Strategic Ambiguities & Considerations

"Little or No Monetary Value": The statute does not define this threshold. A rare first edition may be "obsolete" for a curriculum but hold significant market value.
*Risk:* Donating a valuable book constitutes a "gift of public funds," a violation of the Texas Constitution.
*Fix:* Districts must set a hard internal dollar threshold (e.g., resale value under $5.00). Items exceeding this must be auctioned, not donated.
"Any Person": The law allows donation to individuals.
*Risk:* Without guardrails, this invites accusations of nepotism, theft, or favoritism if staff donate materials to themselves or associates.
*Fix:* Establish a "Public Bin" system or a recipient hierarchy (Non-profits first, then general public) to ensure arm's-length transactions.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsEducation Education--junior College Districts Libraries & Librarians Library Collection Development & Materials

Official Analysis

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BILL ANALYSIS

Senate Research Center	S.B. 60
89R2754 CXP-F	By: Zaffirini
	Education K-16
	3/26/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Public junior college libraries struggle to donate old books due to strict state surplus property laws, leading librarians to discard materials that could benefit the community. S.B. 60 would allow these libraries to donate items of little or no monetary value, provided they are duplicates or no longer needed in the collection. This change would reduce waste and make it easier for libraries to support local need.

As proposed, S.B. 60 amends current law relating to the disposition by a public junior college library of certain library materials.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 130, Education Code, by adding Section 130.01015, as follows:

Sec. 130.01015. DISPOSITION OF CERTAIN LIBRARY MATERIALS. (a) Defines "library materials."

(b) Authorizes a public junior college library, notwithstanding any other law, to donate library materials to any person or organization if the library materials, as determined by library staff, duplicate library materials that are part of the library's collection or are no longer appropriate for inclusion in the library's collection due to age, condition, or obsolete content, and have little or no monetary value.

SECTION 2. Effective date: September 1, 2025.

Senate Authors

Sen. Judith ZaffiriniDemocrat · Primary Author

Coauthors (1)

Royce West (D)

House Sponsor

Rep. Jay DeanRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 60

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the disposition by a public junior college library of
	certain library materials.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, Chapter 130, Education Code, is
	amended by adding Section 130.01015 to read as follows:
	Sec. 130.01015. DISPOSITION OF CERTAIN LIBRARY MATERIALS.
	(a) In this section, "library materials" means periodicals, books,
	e-books, tapes, and other media.
	(b) Notwithstanding any other law, a public junior college
	library may donate library materials to any person or organization
	if the library materials:
	(1) as determined by library staff:
	(A) duplicate library materials that are a part
	of the library's collection; or
	(B) are no longer appropriate for inclusion in
	the library's collection due to age, condition, or obsolete
	content; and
	(2) have little or no monetary value.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 26, 2025

TO:	Honorable Brandon Creighton, Chair, Senate Committee on Education K-16

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB60 by Zaffirini (Relating to the disposition by a public junior college library of certain library materials.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

966 Howard College, 978 San Jacinto College

LBB Staff:

JMc, FV, LBO, AO

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Frequently Asked Questions

Common questions about SB60

What does Texas SB60 do?

SB60 grants Public Junior College libraries statutory authority to bypass cumbersome state property disposition procedures for specific materials. Effective September 1, 2025, institutions may donate obsolete or duplicate items to any person or organization, provided strict internal valuation controls are established. This deregulation reduces disposal costs but introduces liability risks regarding the "gift of public funds" and copyright compliance if not managed via strict internal policy.

Who authored SB60?

SB60 was authored by Texas Senator Judith Zaffirini during the Regular Session.

When was SB60 signed into law?

SB60 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB60?

SB60 is enforced by Public Junior College Administration and Public Junior College Libraries.

How urgent is compliance with SB60?

The compliance urgency for SB60 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB60?

The cost impact of SB60 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB60 address?

SB60 addresses topics including education, education--junior college districts, libraries & librarians and library collection development & materials.

Legislative data provided by LegiScanLast updated: November 25, 2025

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