TX
Texas House Bill HB1481

Texas 2025 - 89th Regular

Texas House Bill HB1481 Compare Versions

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1-89R21338 CMO-D
2- By: Fairly, Patterson, Talarico, Buckley, H.B. No. 1481
3- et al.
4- Substitute the following for H.B. No. 1481:
5- By: Buckley C.S.H.B. No. 1481
1+By: Fairly H.B. No. 1481
2+
3+
64
75
86 A BILL TO BE ENTITLED
97 AN ACT
10- relating to school district and open-enrollment charter school
11- policies regarding student use of personal communication devices.
8+ relating to the use of personal wireless communication devices by
9+ students during instructional time.
1210 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13- SECTION 1. Section 37.082, Education Code, is amended to
14- read as follows:
15- Sec. 37.082. STUDENT USE [POSSESSION] OF PERSONAL
16- COMMUNICATION [PAGING] DEVICES. (a) Notwithstanding any other law
17- and subject to Subsection (c), the [The] board of trustees of a
18- school district or the governing body of an open-enrollment charter
19- school shall [may] adopt, implement, and ensure the district or
20- school complies with a written policy prohibiting a student from
21- using [possessing] a personal communication [paging] device while
22- on school property during the school day [or while attending a
23- school-sponsored or school-related activity on or off school
24- property]. The policy must [may] establish disciplinary measures
25- to be imposed for violation of the prohibition and may provide for
26- confiscation of the personal communication [paging] device.
27- (b) The policy may provide for the school district or
28- open-enrollment charter school to:
29- (1) comply with this section by:
30- (A) prohibiting a student from bringing a
31- personal communication device on school property; or
32- (B) designating a method for the storage of a
33- student's personal communication device while the student is on
34- school property during the school day; and
35- (2) dispose of a confiscated personal communication
36- [paging] device in any reasonable manner after having provided the
37- student's parent 90 [and the company whose name and address or
38- telephone number appear on the device 30] days' prior notice in
39- writing of the district's or school's [its] intent to dispose of
40- that device. [The notice shall include the serial number of the
41- device and may be made by telephone, telegraph, or in writing; and
42- [(2) charge the owner of the device or the student's
43- parent an administrative fee not to exceed $15 before it releases
44- the device.]
45- (c) In adopting the policy, the board of trustees of a
46- school district or governing body of an open-enrollment charter
47- school must authorize the use of a personal communication device:
48- (1) necessary to implement an individualized
49- education program, a plan created under Section 504, Rehabilitation
50- Act of 1973 (29 U.S.C. Section 794), or a similar program or plan;
51- (2) by a student with a documented need based on a
52- directive from a qualified physician; or
53- (3) necessary to comply with a health or safety
54- requirement imposed by law or as part of the district's or school's
55- safety protocols.
56- (d) In this section, "personal communication [paging]
57- device" means a telephone, cell phone such as a smartphone or flip
58- phone, tablet, smartwatch, radio device, paging device, or any
59- other electronic [telecommunications] device capable of
60- telecommunication or digital communication [that emits an audible
61- signal, vibrates, displays a message, or otherwise summons or
62- delivers a communication to the possessor]. The term does not
63- include an electronic device provided to a student by a school
64- district or open-enrollment charter school [an amateur radio under
65- the control of an operator who holds an amateur radio station
66- license issued by the Federal Communications Commission].
67- (e) The agency shall develop and publish on the agency's
68- Internet website model language for the policy required under this
69- section.
70- (f) This section does not apply to an adult education
71- program operated under a charter granted under Subchapter G,
72- Chapter 12.
73- SECTION 2. As soon as practicable, but not later than the
74- 90th day after the effective date of this Act, the board of trustees
75- of a school district or the governing body of an open-enrollment
76- charter school shall adopt the policy required by Section 37.082,
77- Education Code, as amended by this Act.
78- SECTION 3. This Act takes effect immediately if it receives
11+ SECTION 1. Subchapter A, Chapter 38, Education Code, is
12+ amended by adding Section 38.0232 to read as follows:
13+ Sec. 38.0232. PERSONAL DEVICE USE BY STUDENTS PROHIBITED.
14+ (a) In this section, “personal wireless communication device”
15+ means any wireless electronic communication device, other than a
16+ device provided to students by a school for instructional purposes,
17+ capable of transmitting and/or receiving data, including cellular
18+ telephones, text messaging devices, laptop computers, and tablet
19+ computers.
20+ (b) Notwithstanding Section 38.0231, the board of trustees
21+ of a school district and the governing body of an open-enrollment
22+ charter school shall adopt policies prohibiting students from using
23+ personal wireless communication devices during instructional time.
24+ (c) Policies adopted under Subsection (a) must require that
25+ classrooms designate a secure, out-of-sight area for the storage of
26+ personal wireless communication devices during instructional time.
27+ SECTION 2. This Act takes effect immediately if it receives
7928 a vote of two-thirds of all the members elected to each house, as
8029 provided by Section 39, Article III, Texas Constitution. If this
8130 Act does not receive the vote necessary for immediate effect, this
8231 Act takes effect September 1, 2025.