Texas 2023 - 88th Regular

Texas House Bill HB2673 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Hull, Capriglione, Slawson, Lozano, H.B. No. 2673
2	2	A. Johnson of Harris
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for the use and transfer of electronic
8	8	devices to students by a public school.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter C, Chapter 32,
11	11	Education Code, is amended to read as follows:
12	12	SUBCHAPTER C. TRANSFER OF DATA PROCESSING EQUIPMENT AND ELECTRONIC
13	13	DEVICES TO STUDENTS
14	14	SECTION 2. Section 32.101, Education Code, is amended to
15	15	read as follows:
16	16	Sec. 32.101. DEFINITIONS [DEFINITION]. In this subchapter:
17	17	(1) "Data [,"data] processing" has the meaning
18	18	assigned by Section 2054.003, Government Code.
19	19	(2) "Electronic device" means a device that is capable
20	20	of connecting to a cellular network or the Internet, including:
21	21	(A) a computer;
22	22	(B) a smartphone; or
23	23	(C) a tablet.
24	24	(3) "Internet filter" means a software application
25	25	that is capable of preventing an electronic device from accessing
26	26	certain websites or displaying certain online material.
27	27	SECTION 3. Subchapter C, Chapter 32, Education Code, is
28	28	amended by adding Section 32.1021 to read as follows:
29	29	Sec. 32.1021. STANDARDS. The agency shall adopt standards
30	30	for permissible electronic devices and software applications used
31	31	by a school district or open-enrollment charter school. In adopting
32	32	the standards, the agency must:
33	33	(1) minimize data collection conducted on students
34	34	through electronic devices and software applications;
35	35	(2) ensure direct and informed parental consent is
36	36	required for a student's use of a software application, other than a
37	37	software application necessary for the administration of:
38	38	(A) an assessment instrument under Subchapter B,
39	39	Chapter 39; or
40	40	(B) an assessment relating to college, career, or
41	41	military readiness for which student performance is considered in
42	42	evaluating a school district's performance under Section 39.054;
43	43	(3) ensure software applications do not conduct mental
44	44	health assessments or other assessments unrelated to educational
45	45	curricula that are intended to collect information about students
46	46	without direct and informed parental consent;
47	47	(4) ensure that parents are provided the resources
48	48	necessary to understand cybersecurity risks and online safety
49	49	regarding their child's use of electronic devices in advance of the
50	50	child's use of those devices at the child's school;
51	51	(5) specify periods of time during which an electronic
52	52	device transferred to a student must be deactivated in the interest
53	53	of student safety;
54	54	(6) consider necessary adjustments by age level to the
55	55	use of electronic devices in the classroom to foster development of
56	56	students' abilities regarding spending school time and completing
57	57	assignments without the use of an electronic device;
58	58	(7) consider appropriate restrictions on student
59	59	access to social media websites or applications with an electronic
60	60	device transferred to a student by a district or school;
61	61	(8) require a district or school, before using a
62	62	social media application for an educational purpose, to determine
63	63	that an alternative application that is more secure and provides
64	64	the same educational functionality as the social media application
65	65	is unavailable for that educational purpose;
66	66	(9) consider the required use of an Internet filter
67	67	capable of notifying appropriate school administrators, who are
68	68	then required to notify the student's parent, if a student accesses
69	69	inappropriate or concerning content or words, including content
70	70	related to:
71	71	(A) self-harm;
72	72	(B) suicide;
73	73	(C) violence to others; or
74	74	(D) illicit drugs;
75	75	(10) assign to the appropriate officer of a district
76	76	or school the duty to receive complaints or concerns regarding
77	77	student use of electronic devices, including cybersecurity and
78	78	online safety concerns, from district or school staff, other
79	79	students, or parents; and
80	80	(11) provide methods by which a district or school may
81	81	ensure an operator, as that term is defined by Section 32.151, that
82	82	contracts with the district or school to provide software
83	83	applications complies with Subchapter D, Chapter 32.
84	84	SECTION 4. Section 32.104, Education Code, is amended to
85	85	read as follows:
86	86	Sec. 32.104. REQUIREMENTS FOR TRANSFER. Before
87	87	transferring data processing equipment or an electronic device to a
88	88	student, a school district or open-enrollment charter school must:
89	89	(1) adopt rules governing transfers under this
90	90	subchapter, including provisions for technical assistance to the
91	91	student by the district or school;
92	92	(2) determine that the transfer serves a public
93	93	purpose and benefits the district or school; [and]
94	94	(3) remove from the equipment any offensive,
95	95	confidential, or proprietary information, as determined by the
96	96	district or school;
97	97	(4) adopt rules establishing programs promoting
98	98	parents as partners in cybersecurity and online safety that involve
99	99	parents in students' use of transferred equipment or electronic
100	100	devices; and
101	101	(5) for the transfer of an electronic device to be used
102	102	for an educational purpose, install an Internet filter that blocks
103	103	and prohibits pornographic or obscene materials or applications,
104	104	including from unsolicited pop-ups, installations, and downloads.
105	105	SECTION 5. This Act applies beginning with the 2023-2024
106	106	school year.
107	107	SECTION 6. This Act takes effect immediately if it receives
108	108	a vote of two-thirds of all the members elected to each house, as
109	109	provided by Section 39, Article III, Texas Constitution. If this
110	110	Act does not receive the vote necessary for immediate effect, this
111	111	Act takes effect September 1, 2023.