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A BILL TO BE ENTITLED
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AN ACT
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relating to a policy prohibiting the use of personal wireless |
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communication devices by public school students during |
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instructional time. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.0232 to read as follows: |
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Sec. 38.0232. STUDENT USE OF PERSONAL WIRELESS |
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COMMUNICATION DEVICES DURING INSTRUCTIONAL TIME PROHIBITED. (a) |
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In this section, "personal wireless communication device" means an |
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electronic device, other than a device issued to an enrolled |
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student by a school district or open-enrollment charter school, |
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that is capable of transmitting or receiving data, such as text |
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messages, including: |
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(1) a laptop computer; |
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(2) a cell phone, such as a smartphone; or |
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(3) a tablet. |
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(b) Notwithstanding Section 38.0231, the board of trustees |
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of a school district and the governing body of an open-enrollment |
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charter school shall adopt a policy prohibiting a student in the |
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district or school from using a personal wireless communication |
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device during instructional time. |
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(c) In adopting the policy, the board of trustees or |
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governing body must authorize the use of a personal wireless |
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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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directive from a qualified physician; or |
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(3) necessary to comply with a health or safety |
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requirement imposed by law or included in the district's or school's |
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safety protocols. |
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SECTION 2. This Act applies beginning with the 2025-2026 |
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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, 2025. |