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  81R11630 CAS-D
 
  By: Kolkhorst H.B. No. 4439
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transmission of information regarding 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 25.903 to read as follows:
         Sec. 25.903.  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 without physical contact between a card, badge, or tag and
  another device.
         (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 2009-2010
  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, 2009.