Texas 2025 - 89th Regular

Texas Senate Bill SB1459 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Campbell S.B. No. 1459
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to public school policies regarding student possession of
9	9	personal communication devices and Internet safety.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 37.082, Education Code, is amended to
12	12	read as follows:
13	13	Sec. 37.082. POSSESSION OF PERSONAL COMMUNICATION [PAGING]
14	14	DEVICES. (a) Subject to Subsection (b), the [The] board of
15	15	trustees of a school district and the governing body of an
16	16	open-enrollment charter school shall [may] adopt a written policy
17	17	prohibiting a student from possessing a personal communication
18	18	[paging] device while on school property during the school day [or
19	19	while attending a school-sponsored or school-related activity on or
20	20	off school property]. The policy shall [may] establish
21	21	disciplinary measures to be imposed for violation of the
22	22	prohibition [and may provide for confiscation of the paging
23	23	device].
24	24	(b) In adopting the policy, the board of trustees or
25	25	governing body:
26	26	(1) must authorize the possession of a personal
27	27	communication device:
28	28	(A) necessary to implement an individualized
29	29	education program, a plan created under Section 504, Rehabilitation
30	30	Act of 1973 (29 U.S.C. Section 794), or a similar program or plan;
31	31	(B) by a student with a documented need based on a
32	32	directive from a qualified physician; or
33	33	(C) necessary to comply with any other
34	34	requirement imposed by law; and
35	35	(2) may authorize the possession of a personal
36	36	communication device:
37	37	(A) during instructional time for instructional
38	38	purposes;
39	39	(B) during noninstructional periods during the
40	40	school day, such as lunch; or
41	41	[The policy may provide for the district to:
42	42	[(1) dispose of a confiscated paging device in any
43	43	reasonable manner after having provided the student's parent and
44	44	the company whose name and address or telephone number appear on the
45	45	device 30 days' prior notice of its intent to dispose of that
46	46	device. The notice shall include the serial number of the device
47	47	and may be made by telephone, telegraph, or in writing; and
48	48	[(2) charge the owner of the device or the student's
49	49	parent an administrative fee not to exceed $15 before it releases
50	50	the device].
51	51	(c) The board of trustees of a school district or the
52	52	governing body of an open-enrollment charter school shall adopt a
53	53	policy under this section at a public meeting. Notice of the meeting
54	54	must include the text of the proposed policy. Before adopting the
55	55	policy, the board or governing body must provide a reasonable
56	56	period for public comment regarding the policy.
57	57	(d) The board of trustees or governing body shall make the
58	58	policy adopted under this section publicly available on the
59	59	district's or school's Internet website and provide a copy of the
60	60	policy to parents or guardians of students in the district or
61	61	school.
62	62	(e) The agency shall develop a model policy that a school
63	63	district or open-enrollment charter school may use to comply with
64	64	the requirements of this section. The model policy must be based on
65	65	research and current best practices.
66	66	(f) In this section, "personal communication [paging]
67	67	device" means a telephone, cell phone such as a smartphone or flip
68	68	phone, tablet, computer, personal digital assistant, smartwatch,
69	69	radio device, paging device, or any other electronic
70	70	[telecommunications] device capable of telecommunication or
71	71	digital communication [that emits an audible signal, vibrates,
72	72	displays a message, or otherwise summons or delivers a
73	73	communication to the possessor]. The term does not include:
74	74	(1) an amateur radio under the control of an operator
75	75	who holds an amateur radio station license issued by the Federal
76	76	Communications Commission; or
77	77	(2) an electronic device provided to a student by a
78	78	school district or open-enrollment charter school.
79	79	SECTION 2.: Subchapter C, Chapter 37, Education Code, is
80	80	amended by adding Section 37.0821, to read as follows:
81	81	Sec. 37.0821. IMPLEMENTATION MONITORING. (a) Each school
82	82	district and charter school must establish an effective monitoring
83	83	plan to ensure the effectiveness and efficiency of policies under
84	84	this section. The plan must:
85	85	(1) outline procedures for monitoring compliance with
86	86	the Internet safety and personal communication device policies;
87	87	(2) provide for continuous regular reporting of
88	88	progress and implementation to the school board, parents, and the
89	89	Texas Education Agency;
90	90	(3) include performance metrics to evaluate the impact
91	91	of the policies on student safety and digital responsibility;
92	92	(4) allow for periodic review and updates to ensure
93	93	alignment with best practices and technological advancements.
94	94	SECTION 3. As soon as practicable after the effective date
95	95	of this Act, the Texas Education Agency shall develop the model
96	96	policy required by Section 37.082(e), Education Code, as added by
97	97	this Act.
98	98	SECTION 4. This Act applies beginning with the 2025-2026
99	99	school year.
100	100	SECTION 5. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2025.