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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of technology by public school students, |
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including a study on the public health effects of digital learning |
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and public school policies regarding student possession of personal |
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communication devices; increasing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The Department of State Health Services, in |
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coordination with the Texas Education Agency, shall conduct a study |
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regarding the public health effects, including on student mental |
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health and performance, of digital learning in public schools, |
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including through software applications and other online |
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educational tools. |
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(b) Not later than September 1, 2026, the Department of |
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State Health Services shall submit to each legislative standing |
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committee with primary jurisdiction over public education a report |
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that includes: |
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(1) the results of the study conducted under this |
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section; and |
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(2) any recommendations for legislative or other |
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action related to digital learning. |
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(c) This section expires January 1, 2027. |
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SECTION 2. Section 37.082, Education Code, is amended to |
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read as follows: |
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Sec. 37.082. POSSESSION OF PERSONAL COMMUNICATION [PAGING] |
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DEVICES. (a) Subject to Subsections (d) and (e), the [The] board |
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of trustees of a school district or the governing body of an |
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open-enrollment charter school shall [may] adopt a written policy |
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prohibiting a student from possessing a personal communication |
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[paging] device while on school property during the school day [or |
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while attending a school-sponsored or school-related activity on or |
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off school property]. The policy may establish disciplinary |
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measures to be imposed for violation of the prohibition and may |
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provide for confiscation of the [paging] device. |
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(b) Except as provided by Subsections (d) and (e), the [The] |
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policy shall [may provide for the district to]: |
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(1) require a student who brings a personal |
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communication device on school property to turn the device off and |
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store the device in a designated storage locker for the duration of |
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the school day; and |
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(2) provide for the confiscation and secure storage of |
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a personal communication device of a student who does not comply |
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with the requirement of Subdivision (1) while the student is on |
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school property during the school day and the return of the device |
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to the student at the conclusion of the school day. |
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(c) The policy may provide for the district or school to: |
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(1) dispose of a confiscated personal communication |
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[paging] device in any reasonable manner after having provided the |
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student's parent or guardian [and the company whose name and |
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address or telephone number appear on the device] 30 days' prior |
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notice in writing of the district's or school's [its] intent to |
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dispose of that device[. The notice shall include the serial number |
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of the device and may be made by telephone, telegraph, or in |
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writing]; and |
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(2) charge the owner of the device or the student's |
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parent or guardian an administrative fee not to exceed $30 [$15] |
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before the district or school [it] releases a confiscated personal |
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communication [the] device. |
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(d) In adopting the policy, the board of trustees or |
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governing body must authorize the possession of a personal |
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communication device: |
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(1) necessary to implement an individualized |
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education program, a plan created under Section 504, Rehabilitation |
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Act of 1973 (29 U.S.C. Section 794), or a similar program or plan; |
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(2) by a student with a documented need based on a |
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medical condition of the student or the student's family member; |
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(3) by a student who is a member of a volunteer fire |
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department or other volunteer emergency response organization; |
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(4) by a student who has a documented need for the |
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device for language translation services; |
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(5) necessary to comply with a requirement imposed by |
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law; and |
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(6) for any other reason established by commissioner |
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rule. |
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(e) The commissioner shall adopt rules to implement this |
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section. The rules must include a procedure for the board of |
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trustees of a school district or the governing body of an |
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open-enrollment charter school to request authorization from the |
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commissioner to include in the district's or school's policy |
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adopted under Subsection (a) an exception to the prohibition |
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against possession of a personal communication device in addition |
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to those described by Subsection (d). |
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(f) [(c)] In this section, "personal communication [paging] |
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device" means a telephone, cell phone such as a smartphone or flip |
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phone, tablet, smartwatch, radio device, paging device, or any |
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other electronic [telecommunications] device capable of |
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telecommunication or digital communication [that emits an audible |
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signal, vibrates, displays a message, or otherwise summons or |
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delivers a communication to the possessor]. The term does not |
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include: |
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(1) an amateur radio under the control of an operator |
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who holds an amateur radio station license issued by the Federal |
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Communications Commission; or |
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(2) an electronic device provided to a student by a |
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school district or open-enrollment charter school. |
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SECTION 3. Section 37.082, Education Code, as amended by |
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this Act, applies beginning with the 2025-2026 school year. |
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SECTION 4. 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, 2025. |