By: Campbell S.B. No. 1459
A BILL TO BE ENTITLED
AN ACT
relating to public school policies regarding student possession of
personal communication devices and Internet safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.082, Education Code, is amended to
read as follows:
Sec. 37.082. POSSESSION OF PERSONAL COMMUNICATION [PAGING]
DEVICES. (a) Subject to Subsection (b), the [The] board of
trustees of a school district and the governing body of an
open-enrollment charter school shall [may] adopt a written policy
prohibiting a student from possessing a personal communication
[paging] device while on school property during the school day [or
while attending a school-sponsored or school-related activity on or
off school property]. The policy shall [may] establish
disciplinary measures to be imposed for violation of the
prohibition [and may provide for confiscation of the paging
device].
(b) In adopting the policy, the board of trustees or
governing body:
(1) must authorize the possession of a personal
communication device:
(A) necessary to implement an individualized
education program, a plan created under Section 504, Rehabilitation
Act of 1973 (29 U.S.C. Section 794), or a similar program or plan;
(B) by a student with a documented need based on a
directive from a qualified physician; or
(C) necessary to comply with any other
requirement imposed by law; and
(2) may authorize the possession of a personal
communication device:
(A) during instructional time for instructional
purposes;
(B) during noninstructional periods during the
school day, such as lunch; or
[The policy may provide for the district to:
[(1) dispose of a confiscated paging device in any
reasonable manner after having provided the student's parent and
the company whose name and address or telephone number appear on the
device 30 days' prior notice of its intent to dispose of that
device. The notice shall include the serial number of the device
and may be made by telephone, telegraph, or in writing; and
[(2) charge the owner of the device or the student's
parent an administrative fee not to exceed $15 before it releases
the device].
(c) The board of trustees of a school district or the
governing body of an open-enrollment charter school shall adopt a
policy under this section at a public meeting. Notice of the meeting
must include the text of the proposed policy. Before adopting the
policy, the board or governing body must provide a reasonable
period for public comment regarding the policy.
(d) The board of trustees or governing body shall make the
policy adopted under this section publicly available on the
district's or school's Internet website and provide a copy of the
policy to parents or guardians of students in the district or
school.
(e) The agency shall develop a model policy that a school
district or open-enrollment charter school may use to comply with
the requirements of this section. The model policy must be based on
research and current best practices.
(f) In this section, "personal communication [paging]
device" means a telephone, cell phone such as a smartphone or flip
phone, tablet, computer, personal digital assistant, smartwatch,
radio device, paging device, or any other electronic
[telecommunications] device capable of telecommunication or
digital communication [that emits an audible signal, vibrates,
displays a message, or otherwise summons or delivers a
communication to the possessor]. The term does not include:
(1) an amateur radio under the control of an operator
who holds an amateur radio station license issued by the Federal
Communications Commission; or
(2) an electronic device provided to a student by a
school district or open-enrollment charter school.
SECTION 2.: Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0821, to read as follows:
Sec. 37.0821. IMPLEMENTATION MONITORING. (a) Each school
district and charter school must establish an effective monitoring
plan to ensure the effectiveness and efficiency of policies under
this section. The plan must:
(1) outline procedures for monitoring compliance with
the Internet safety and personal communication device policies;
(2) provide for continuous regular reporting of
progress and implementation to the school board, parents, and the
Texas Education Agency;
(3) include performance metrics to evaluate the impact
of the policies on student safety and digital responsibility;
(4) allow for periodic review and updates to ensure
alignment with best practices and technological advancements.
SECTION 3. As soon as practicable after the effective date
of this Act, the Texas Education Agency shall develop the model
policy required by Section 37.082(e), Education Code, as added by
this Act.
SECTION 4. This Act applies beginning with the 2025-2026
school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.