| 1 | 1 | | 86R5451 CAE-D |
|---|
| 2 | 2 | | By: Middleton H.B. No. 1892 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to a policy of a school district concerning possession of a |
|---|
| 8 | 8 | | telecommunications device. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 37.082, Education Code, is amended to |
|---|
| 11 | 11 | | read as follows: |
|---|
| 12 | 12 | | Sec. 37.082. POSSESSION OF TELECOMMUNICATIONS [PAGING] |
|---|
| 13 | 13 | | DEVICES. (a) The board of trustees of a school district may adopt a |
|---|
| 14 | 14 | | policy prohibiting a student from possessing a telecommunications |
|---|
| 15 | 15 | | [paging] device while on school property or while attending a |
|---|
| 16 | 16 | | school-sponsored or school-related activity on or off school |
|---|
| 17 | 17 | | property. The policy may establish disciplinary measures to be |
|---|
| 18 | 18 | | imposed for violation of the prohibition and may provide for |
|---|
| 19 | 19 | | confiscation of the telecommunications [paging] device. |
|---|
| 20 | 20 | | (b) A [The] policy adopted under Subsection (a) may provide |
|---|
| 21 | 21 | | for the district to[: |
|---|
| 22 | 22 | | [(1)] dispose of a confiscated telecommunications |
|---|
| 23 | 23 | | [paging] device in any reasonable manner after having provided the |
|---|
| 24 | 24 | | student's parent and any [the] company whose name and address or |
|---|
| 25 | 25 | | telephone number appear on the device 30 days' prior notice of the |
|---|
| 26 | 26 | | district's [its] intent to dispose of that device unless the device |
|---|
| 27 | 27 | | is reclaimed in accordance with this section before the end of the |
|---|
| 28 | 28 | | 30-day period. |
|---|
| 29 | 29 | | (b-1) The notice under Subsection (b): |
|---|
| 30 | 30 | | (1) must [shall] include the serial number of the |
|---|
| 31 | 31 | | telecommunications device; and |
|---|
| 32 | 32 | | (2) may be made by telephone[, telegraph,] or in |
|---|
| 33 | 33 | | writing. |
|---|
| 34 | 34 | | (b-2) A school district may [; and (2)] charge the owner |
|---|
| 35 | 35 | | of the telecommunications device or the student's parent an |
|---|
| 36 | 36 | | administrative fee not to exceed $15 before the district [it] |
|---|
| 37 | 37 | | releases the device. |
|---|
| 38 | 38 | | (b-3) A school district or any district employee is not |
|---|
| 39 | 39 | | liable for any damage to a telecommunications device that occurs |
|---|
| 40 | 40 | | during the period the district or district employee has possession |
|---|
| 41 | 41 | | of the telecommunications device as allowed by a policy adopted |
|---|
| 42 | 42 | | under this section. |
|---|
| 43 | 43 | | (c) In this section, "telecommunications [paging] device" |
|---|
| 44 | 44 | | means a [telecommunications] device designed primarily for the |
|---|
| 45 | 45 | | purpose of making a phone call or of sending [that emits an audible |
|---|
| 46 | 46 | | signal, vibrates, displays] a message electronically. The term |
|---|
| 47 | 47 | | includes a smartphone.[, or otherwise summons or delivers a |
|---|
| 48 | 48 | | communication to the possessor. The term does not include an |
|---|
| 49 | 49 | | amateur radio under the control of an operator who holds an amateur |
|---|
| 50 | 50 | | radio station license issued by the Federal Communications |
|---|
| 51 | 51 | | Commission.] |
|---|
| 52 | 52 | | SECTION 2. This Act applies beginning with the 2019-2020 |
|---|
| 53 | 53 | | school year. |
|---|
| 54 | 54 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 55 | 55 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 56 | 56 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 57 | 57 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 58 | 58 | | Act takes effect September 1, 2019. |
|---|