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A BILL TO BE ENTITLED
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AN ACT
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relating to public school policies regarding student possession of |
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personal communication devices; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Smart Students Not |
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Devices Act. |
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SECTION 2. Section 37.082, Education Code, is amended to |
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read as follows: |
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Sec. 37.082. POSSESSION OF PERSONAL COMMUNICATION [PAGING] |
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DEVICES. (a) Subject to Subsection (d), the [The] board of |
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trustees of a school district or the governing body of an |
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open-enrollment charter school shall [may] adopt a policy |
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prohibiting a student from possessing a personal communication |
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[paging] device while on school property during the school day [or |
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while attending a school-sponsored or school-related activity on or |
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off school property]. The policy may establish disciplinary |
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measures to be imposed for violation of the prohibition and may |
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provide for confiscation of the [paging] device. |
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(b) Except as provided by Subsection (d), the [The] policy |
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shall [may provide for the district to]: |
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(1) require a student who brings a personal |
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communication device on school property to turn the device off and |
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store the device in a designated storage locker for the duration of |
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the school day including, as applicable, during lunch, recess, |
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passing periods, or free periods; and |
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(2) provide for the confiscation and secure storage of |
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a personal communication device of a student who does not comply |
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with the requirement of Subdivision (1) while the student is on |
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school property during the school day and the return of the device |
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to the student's parent or guardian at the conclusion of the school |
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day. |
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(c) The policy may provide for the district or school to |
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[dispose of a confiscated paging device in any reasonable manner |
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after having provided the student's parent and the company whose |
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name and address or telephone number appear on the device 30 days' |
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prior notice of its intent to dispose of that device. The notice |
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shall include the serial number of the device and may be made by |
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telephone, telegraph, or in writing; and |
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[(2)] charge the [owner of the device or the] student's |
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parent or guardian an administrative fee not to exceed $15 before |
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the district or school [it] releases a confiscated personal |
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communication [the] device. |
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(d) In adopting the policy, the board of trustees or |
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governing body must authorize the possession of a personal |
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communication device: |
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(1) necessary to implement an individualized |
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education program, a plan created under Section 504, Rehabilitation |
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Act of 1973 (29 U.S.C. Section 794), or a similar program or plan; |
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(2) by a student with a documented need based on a |
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directive from the student's physician; or |
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(3) necessary to comply with a requirement imposed by |
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law. |
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(e) A school district or open-enrollment charter school is |
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not liable for damage to or loss or theft of a personal |
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communication device confiscated under a policy under this section. |
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(f) [(c)] In this section, "personal communication [paging] |
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device" means a telephone, cell phone such as a smartphone or flip |
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phone, tablet, smartwatch, wearable health tracker, radio device, |
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set of earbuds or headphones, paging device, handheld video game |
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console, or any other electronic [telecommunications] device |
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capable of telecommunication or digital communication [that emits |
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an audible signal, vibrates, displays a message, or otherwise |
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summons or delivers a communication to the possessor]. The term |
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does not include: |
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(1) an amateur radio under the control of an operator |
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who holds an amateur radio station license issued by the Federal |
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Communications Commission; or |
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(2) an electronic device provided to a student by a |
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school district or open-enrollment charter school. |
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SECTION 3. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |