Texas 2011 - 82nd Regular

Texas House Bill HB3018 Compare Versions

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Old	New	Differences
1	1	82R19404 CAS-D
2	2	By: Gutierrez H.B. No. 3018
3	3	Substitute the following for H.B. No. 3018:
4	4	By: Eissler C.S.H.B. No. 3018
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a policy of a school district concerning possession of a
10	10	telecommunications device by a student.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 37.082, Education Code, is amended to
13	13	read as follows:
14	14	Sec. 37.082. POSSESSION OF TELECOMMUNICATIONS [PAGING]
15	15	DEVICES. (a) The board of trustees of a school district may adopt a
16	16	policy prohibiting a student from possessing a telecommunications
17	17	[paging] device while on school property or while attending a
18	18	school-sponsored or school-related activity on or off school
19	19	property. The policy may establish disciplinary measures to be
20	20	imposed for violation of the prohibition and may provide for the
21	21	district to take possession [confiscation] of the
22	22	telecommunications [paging] device from the student.
23	23	(b) A [The] policy adopted under Subsection (a) may provide
24	24	for the district to[:
25	25	[(1)] dispose of, in any reasonable manner, a
26	26	telecommunications [confiscated paging] device taken from a
27	27	student [in any reasonable manner] after having provided the
28	28	student's parent and any [the] company whose name and address or
29	29	telephone number appear on the device 30 days' prior notice of the
30	30	district's [its] intent to dispose of that device unless the device
31	31	is reclaimed in accordance with this section before the end of the
32	32	30-day period.
33	33	(b-1) The notice under Subsection (b):
34	34	(1) must [shall] include the serial number of the
35	35	telecommunications device;
36	36	(2) must include the location at which the device may
37	37	be reclaimed;
38	38	(3) must state the date by which the device must be
39	39	reclaimed;
40	40	(4) must state the administrative fee, if any, charged
41	41	for reclaiming the device; and
42	42	(5) may be made by telephone[, telegraph,] or in
43	43	writing, including by e-mailing written notice.
44	44	(b-2) A school district may [; and (2)] charge the owner
45	45	of the telecommunications device or the student's parent an
46	46	administrative fee not to exceed $15 before the district [it]
47	47	releases the device.
48	48	(c) In this section, "telecommunications [paging] device"
49	49	means a [telecommunications] device designed primarily for the
50	50	purpose of making a phone call or of sending [that emits an audible
51	51	signal, vibrates, displays] a message electronically[, or
52	52	otherwise summons or delivers a communication to the
53	53	possessor. The term does not include an amateur radio under the
54	54	control of an operator who holds an amateur radio station license
55	55	issued by the Federal Communications Commission].
56	56	SECTION 2. This Act applies beginning with the 2011-2012
57	57	school year.
58	58	SECTION 3. This Act takes effect immediately if it receives
59	59	a vote of two-thirds of all the members elected to each house, as
60	60	provided by Section 39, Article III, Texas Constitution. If this
61	61	Act does not receive the vote necessary for immediate effect, this
62	62	Act takes effect September 1, 2011.