88R9081 PRL-D
  By: Hull H.B. No. 2673
  relating to requirements for the use and transfer of electronic
  devices to students by a public school.
         SECTION 1.  The heading to Subchapter C, Chapter 32,
  Education Code, is amended to read as follows:
         SECTION 2.  Section 32.101, Education Code, is amended to
  read as follows:
         Sec. 32.101.  DEFINITIONS [DEFINITION].  In this subchapter:
               (1)  "Data [,"data] processing" has the meaning
  assigned by Section 2054.003, Government Code.
               (2)  "Electronic device" means a device that is capable
  of connecting to a cellular network and the Internet, including:
                     (A)  a computer;
                     (B)  a smartphone; or
                     (C)  a tablet.
               (3)  "Internet filter" means a software application
  installed on an electronic device that is capable of preventing the
  device from accessing certain websites or displaying certain online
         SECTION 3.  Subchapter C, Chapter 32, Education Code, is
  amended by adding Section 32.1021 to read as follows:
         Sec. 32.1021.  STANDARDS. The agency shall adopt standards
  for permissible electronic devices and software applications used
  by a school district or open-enrollment charter school. In adopting
  the standards, the agency must:
               (1)  minimize data collection conducted on students
  through electronic devices and software applications;
               (2)  ensure direct and informed parental consent is
  required for a students' use of software applications;
               (3)  ensure software applications do not conduct mental
  health assessments or other assessments that are intended to
  collect information about students without direct and informed
  parental consent;
               (4)  ensure that parents are partners in cybersecurity
  and are provided the resources necessary to fulfill that role;
               (5)  specify periods of time during which an electronic
  device transferred to a student must be deactivated in the interest
  of student safety;
               (6)  consider necessary adjustments by age level to the
  use of electronic devices in the classroom to foster development of
  students' abilities regarding spending school time and completing
  assignments without the use of an electronic device;
               (7)  consider appropriate restrictions on student
  access to social media websites or applications with an electronic
  device transferred to a student by a district or school;
               (8)  consider the required use of an Internet filter
  capable of notifying parents or appropriate school administrators
  if a student accesses inappropriate or concerning content or words,
  including content related to:
                     (A)  self-harm;
                     (B)  suicide; or
                     (C)  violence to others;
               (9)  consider assigning to a cybersecurity coordinator
  designated under Section 11.175 the duty to receive complaints or
  concerns regarding student use of electronic devices from district
  or school staff, other students, or parents; and
               (10)  provide methods by which a district or school may
  ensure an operator, as that term is defined by Section 32.151, that
  contracts with the district or school to provide software
  applications complies with Subchapter D, Chapter 32.
         SECTION 4.  Section 32.104, Education Code, is amended to
  read as follows:
         Sec. 32.104.  REQUIREMENTS FOR TRANSFER.  Before
  transferring data processing equipment or an electronic device to a
  student, a school district or open-enrollment charter school must:
               (1)  adopt rules governing transfers under this
  subchapter, including provisions for technical assistance to the
  student by the district or school;
               (2)  determine that the transfer serves a public
  purpose and benefits the district or school; [and]
               (3)  remove from the equipment any offensive,
  confidential, or proprietary information, as determined by the
  district or school;
               (4)  adopt rules establishing programs promoting
  parents as partners in cybersecurity and online safety that involve
  parents in students' use of transferred equipment or electronic
  devices; and 
               (5)  for the transfer of an electronic device to be used
  for an educational purpose, install an Internet filter that blocks
  and prohibits pornographic or obscene materials or applications,
  including from unsolicited pop-ups, installations, and downloads.
         SECTION 5.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 6.  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, 2023.