The state legislature in Texas passed a bill that will place an expensive burden on the state’s 300 or so small small bookstores. The mandate is not only costly but almost impossible to comply with. The state wants every bookstore to rate every book they sell by its “sexual content” and to refuse to sell books with sexually explicit content to teachers, librarians, and school libraries. In addition, the bookstores are supposed to report whether they have ever in the past sold books with such content to teachers or schools.

Independent bookstores around Texas warn that a bill designed to rid school libraries of sexual content could have unintended consequences that devastate their businesses.

The bill, which received final passage in the Legislature this week and is awaiting Gov. Greg Abbott’s signature, requires booksellers to rate every book they sell to a school, librarian or teacher for use in their classroom. Books can be without a rating, “sexually relevant” or “sexually explicit,” and those with the explicit rating will be banned from schools entirely.

And by April of next year, every bookseller in the state is tasked with submitting to the Texas Education Agency a list of every book they’ve ever sold to a teacher, librarian or school that qualifies for a sexual rating and is in active use. The stores also are required to issue recalls for any sexually explicit books.

Many have expressed concerns that the bill is an effort to restrict books with LGBTQ themes or by Black authors. In addition, throughout the legislative process, independent bookstores repeatedly have warned that the bill misunderstands how book sales to schools work, is unworkable in its current form and could be harmful to small businesses.

“The First Amendment person in me says, ‘Why do we have to mark the books at all? ’ The business person in me says, ‘that’s going to be very hard to administer for the middle vendor,’ which we are,” said Valerie Koehler, owner of Blue Willow Book Shop in Houston.

Owners and employees of bookstores around the state have said they don’t have the staff or expertise to read and rate every single book they are selling to an educator, and they have no records to retroactively rate every book they’ve ever sold to a school. If the TEA finds that bookstores have been incorrectly rating books, they can be banned from doing business with charter schools or school districts, which might make up between 10 percent and a third of their business.

The bill was sponsored by Rep. Jared Patterson, R-Frisco. He dubbed it the Restricting Explicit and Adult-Designated Educational Resources act, or READER Act. The measure was born out of conservative fears in the last few years of sexual content in public schools. Many of the books that were subsequently identified as inappropriate were written for LGBTQ children and teenagers.

Patterson has said the bill was inspired by “Gender Queer,” a coming-of-age graphic novel that explores the author’s gender identity and personal sexuality.

“We’re not talking about a certain type of sexual activity. We’re talking about sexually explicit of any sort. It doesn’t belong in front of the eyes and in the minds of kids,” Sen. Angela Paxton, R-McKinney, said during a Senate debate Tuesday night. Paxton shepherded the measure through that chamber. [Senator Paxton is the wife of State Attorney General Ken Paxton, who was just impeached for multiple financial crimes by the Texas House.]

Paxton said the bill will mostly affect large vendors, as just 50 companies sell most books purchased by Texas public schools, and three giants are responsible for the bulk of titles in campus libraries.

“If vendors want to sell books in Texas, they certainly have a vested interest in making sure it’s done properly,” she added.

But while those large vendors may be able to more easily bear the extra costs associated with this bill if it becomes law, it will be more difficult for the roughly 300 independent bookstores in Texas that have much smaller profit margins overall than the giants.

It’s common for stores to offer discounts for teachers, librarians and schools, which means the margins on those sales are lower.

For example, a librarian might give the store a list of 150 books they want to buy, at an average of 200 pages each. If this bill becomes law, the store will need to pay someone to read and rate each of those books, and run the risk of being punished by the Texas Education Agency if they get it wrong.

This could either make it more expensive for schools to buy books or make such sales infeasible for small bookstores, said Elizabeth Jordan, general manager of Nowhere Bookshop in San Antonio. Her store had a goal of increasing its share of sales to schools to about 15 percent of its total business, she said, but that will no longer be possible.

“If I am selling a book to a school, I will have to have read the whole book to determine if it’s sexually relevant or sexually explicit. And both of those things, I think, are pretty subjective, and I might rate them differently than others might,” she said. “I don’t see why I would put myself at risk to do that. If all the onus is on me, all the liability is on me, and it’s not a job I’m trained to do or my employees are trained to do….

In addition, the bill requires stores to retroactively rate every book they’ve ever sold that is still “in active use by (a) district or school.”

“The way the bill is written right now is that not only can we get in trouble for what we sell to a school, we can get in trouble for something we sold 10 years ago to a school,” Koehler said.