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        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to the use of radio frequency identification technology to | 
      
        |  | transmit information regarding public school students. | 
      
        |  | 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 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 may allow the voluntary use of a | 
      
        |  | student identification device described by Subsection (b) only if | 
      
        |  | authorized by resolution adopted by the board of trustees of the | 
      
        |  | district.  A district that allows the voluntary use of a student | 
      
        |  | identification device described by Subsection (b) shall provide an | 
      
        |  | alternative method of identification for a student on the timely | 
      
        |  | written request of a student's parent or guardian. | 
      
        |  | (d)  A school district may not penalize a student using an | 
      
        |  | alternative method of identification under Subsection (c), | 
      
        |  | including restricting or prohibiting the student from | 
      
        |  | participating in school or district activities. | 
      
        |  | SECTION 2.  This Act applies beginning with the 2013-2014 | 
      
        |  | 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, 2013. |