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A BILL TO BE ENTITLED
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AN ACT
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relating to a policy of a school district concerning possession of a |
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telecommunications device. |
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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. POSSESSION OF TELECOMMUNICATIONS [PAGING] |
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DEVICES. (a) The board of trustees of a school district may adopt a |
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policy prohibiting a student from possessing a telecommunications |
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[paging] device while on school property 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 may establish disciplinary measures to be |
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imposed for violation of the prohibition and may provide for |
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confiscation of the telecommunications [paging] device. |
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(b) A [The] policy adopted under Subsection (a) may provide |
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for the district to[:
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[(1)] dispose of a confiscated telecommunications |
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[paging] device in any reasonable manner after having provided the |
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student's parent and any [the] company whose name and address or |
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telephone number appear on the device 30 days' prior notice of the |
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district's [its] intent to dispose of that device unless the device |
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is reclaimed in accordance with this section before the end of the |
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30-day period. |
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(b-1) The notice under Subsection (b): |
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(1) must [shall] include the serial number of the |
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telecommunications device; and |
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(2) may be made by telephone[, telegraph,] or in |
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writing. |
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(b-2) A school district may [; and (2)] charge the owner |
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of the telecommunications device or the student's parent an |
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administrative fee not to exceed $15 before the district [it] |
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releases the device. |
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(b-3) A school district or any district employee is not |
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liable for any damage to a telecommunications device that occurs |
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during the period the district or district employee has possession |
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of the telecommunications device as allowed by a policy adopted |
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under this section. |
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(c) In this section, "telecommunications [paging] device" |
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means a [telecommunications] device designed primarily for the |
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purpose of making a phone call or of sending [that emits an audible
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signal, vibrates, displays] a message electronically. The term |
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includes a smartphone.[, or otherwise summons or delivers a
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communication to the possessor.
The term does not include an
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amateur radio under the control of an operator who holds an amateur
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radio station license issued by the Federal Communications
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Commission.] |
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SECTION 2. This Act applies beginning with the 2019-2020 |
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school year. |
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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, 2019. |