| 1 | 1 | | 83R21108 EAH-D |
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| 2 | 2 | | By: Kolkhorst, Burnam, Burkett, Stickland, H.B. No. 101 |
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| 3 | 3 | | et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 101: |
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| 5 | 5 | | By: Dutton C.S.H.B. No. 101 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the use of radio frequency identification technology to |
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| 11 | 11 | | transmit information regarding public school students. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter Z, Chapter 25, Education Code, is |
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| 14 | 14 | | amended by adding Section 25.902 to read as follows: |
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| 15 | 15 | | Sec. 25.902. CERTAIN MANDATORY STUDENT IDENTIFICATION |
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| 16 | 16 | | METHODS PROHIBITED. (a) In this section, "radio frequency |
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| 17 | 17 | | identification technology" means a wireless identification system |
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| 18 | 18 | | that uses a battery or other active power source to broadcast a |
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| 19 | 19 | | constant electromagnetic radio frequency signal to transmit data |
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| 20 | 20 | | without physical contact between a card, badge, or tag and another |
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| 21 | 21 | | device. |
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| 22 | 22 | | (b) Except as provided by Subsection (c), a school district |
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| 23 | 23 | | may require a student to use an identification device that uses |
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| 24 | 24 | | radio frequency identification technology or similar technology to |
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| 25 | 25 | | identify the student, transmit information regarding the student, |
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| 26 | 26 | | or track the location of the student only if authorized by |
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| 27 | 27 | | resolution adopted by the board of trustees of the district. |
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| 28 | 28 | | (c) On the timely written request of a student's parent or |
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| 29 | 29 | | guardian, a school district shall permit the student to opt out of |
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| 30 | 30 | | use of an identification device described by Subsection (b). If a |
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| 31 | 31 | | student's parent or guardian requests that the student opt out of |
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| 32 | 32 | | the use of the device, the district shall provide an alternative |
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| 33 | 33 | | method of identification for the student. |
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| 34 | 34 | | (d) A school district may not penalize a student using an |
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| 35 | 35 | | alternative method of identification under Subsection (c), |
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| 36 | 36 | | including restricting or prohibiting the student from |
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| 37 | 37 | | participating in school or district activities. |
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| 38 | 38 | | SECTION 2. This Act applies beginning with the 2013-2014 |
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| 39 | 39 | | school year. |
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| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2013. |
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