79R6303 BDH-D


By:  Kolkhorst                                                    H.B. No. 2953



A BILL TO BE ENTITLED

AN ACT

relating to the identification of public school students through 
the use of radio frequency identification technology.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter Z, Chapter 25, Education Code, is 
amended by adding Section 25.902 to read as follows:
	Sec. 25.902.  CERTAIN MANDATORY STUDENT IDENTIFICATION 
METHODS PROHIBITED.  (a)  In this section, "radio frequency 
identification technology" means a wireless identification system 
that uses an electromagnetic radio frequency signal to transmit 
data between a card, badge, or tag and another device without 
physical contact.
	(b)  A school district may not require a student to use an 
identification device that uses radio frequency identification 
technology or similar technology to identify the student, transmit 
information regarding the student, or track the location of the 
student.
	(c)  A school district that permits the voluntary use of a 
student identification device described by Subsection (b) shall 
provide an alternative method of identification for a student if 
the student's parent or guardian submits timely written objection 
to the use of radio frequency identification technology.
	SECTION 2.  This Act applies beginning with the 2005-2006 
school year.       
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.