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A BILL TO BE ENTITLED
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AN ACT
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relating to school district and open-enrollment charter school |
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policies regarding student use of personal communication devices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.082, Education Code, is amended to |
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read as follows: |
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Sec. 37.082. STUDENT USE [POSSESSION] OF PERSONAL |
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COMMUNICATION [PAGING] DEVICES. (a) Notwithstanding any other law |
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and subject to Subsection (c), the [The] board of trustees of a |
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school district or the governing body of an open-enrollment charter |
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school shall [may] adopt, implement, and ensure the district or |
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school complies with a written policy prohibiting a student from |
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using [possessing] a personal communication [paging] device while |
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on school property during the school day [or while attending a |
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school-sponsored or school-related activity on or off school |
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property]. The policy must [may] establish disciplinary measures |
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to be imposed for violation of the prohibition and may provide for |
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confiscation of the personal communication [paging] device. |
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(b) The policy may provide for the school district or |
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open-enrollment charter school to: |
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(1) comply with this section by: |
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(A) prohibiting a student from bringing a |
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personal communication device on school property; or |
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(B) designating a method for the storage of a |
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student's personal communication device while the student is on |
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school property during the school day; and |
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(2) dispose of a confiscated personal communication |
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[paging] device in any reasonable manner after having provided the |
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student's parent 90 [and the company whose name and address or |
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telephone number appear on the device 30] days' prior notice in |
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writing of the district's or school's [its] intent to dispose of |
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that device. [The notice shall include the serial number of the |
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device and may be made by 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 an administrative fee not to exceed $15 before it releases |
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the device.] |
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(c) In adopting the policy, the board of trustees of a |
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school district or governing body of an open-enrollment charter |
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school must authorize the use of a personal 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 a qualified physician; or |
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(3) necessary to comply with a health or safety |
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requirement imposed by law or as part of the district's or school's |
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safety protocols. |
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(d) 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, radio device, paging device, or any |
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other electronic [telecommunications] device capable of |
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telecommunication or digital communication [that emits an audible |
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signal, vibrates, displays a message, or otherwise summons or |
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delivers a communication to the possessor]. The term does not |
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include an electronic device provided to a student by a school |
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district or open-enrollment charter school [an amateur radio under |
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the control of an operator who holds an amateur radio station |
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license issued by the Federal Communications Commission]. |
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(e) The agency shall develop and publish on the agency's |
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Internet website model language for the policy required under this |
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section. |
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(f) This section does not apply to an adult education |
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program operated under a charter granted under Subchapter G, |
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Chapter 12. |
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SECTION 2. As soon as practicable, but not later than the |
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90th day after the effective date of this Act, the board of trustees |
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of a school district or the governing body of an open-enrollment |
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charter school shall adopt the policy required by Section 37.082, |
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Education Code, as amended by this Act. |
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SECTION 3. 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. |