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| 2 | + | (In the Senate - Filed March 12, 2025; March 25, 2025, read |
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| 3 | + | first time and referred to Committee on Education K-16; |
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| 4 | + | April 7, 2025, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 10, Nays 0; April 7, 2025, |
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| 6 | + | sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 2365 By: Hinojosa of Nueces |
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| 4 | 9 | | |
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| 5 | 10 | | |
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| 6 | 11 | | A BILL TO BE ENTITLED |
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| 7 | 12 | | AN ACT |
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| 8 | 13 | | relating to a policy prohibiting the use of personal wireless |
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| 9 | 14 | | communication devices by public school students during |
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| 10 | 15 | | instructional time. |
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| 11 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 17 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 13 | 18 | | amended by adding Section 38.0232 to read as follows: |
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| 14 | 19 | | Sec. 38.0232. STUDENT USE OF PERSONAL WIRELESS |
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| 15 | 20 | | COMMUNICATION DEVICES DURING INSTRUCTIONAL TIME PROHIBITED. (a) |
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| 16 | 21 | | In this section, "personal wireless communication device" means an |
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| 17 | 22 | | electronic device, other than a device issued to an enrolled |
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| 18 | 23 | | student by a school district or open-enrollment charter school, |
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| 19 | 24 | | that is capable of transmitting or receiving data, such as text |
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| 20 | 25 | | messages, including: |
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| 21 | 26 | | (1) a laptop computer; |
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| 22 | 27 | | (2) a cell phone, such as a smartphone; or |
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| 23 | 28 | | (3) a tablet. |
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| 24 | 29 | | (b) Notwithstanding Section 38.0231, the board of trustees |
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| 25 | 30 | | of a school district and the governing body of an open-enrollment |
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| 26 | 31 | | charter school shall adopt a policy prohibiting a student in the |
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| 27 | 32 | | district or school from using a personal wireless communication |
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| 28 | 33 | | device during instructional time. |
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| 29 | 34 | | (c) In adopting the policy, the board of trustees or |
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| 30 | 35 | | governing body must authorize the use of a personal wireless |
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| 31 | 36 | | communication device: |
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| 32 | 37 | | (1) necessary to implement an individualized |
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| 33 | 38 | | education program, a plan created under Section 504, Rehabilitation |
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| 34 | 39 | | Act of 1973 (29 U.S.C. Section 794), or a similar program or plan; |
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| 35 | 40 | | (2) by a student with a documented need based on a |
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| 36 | 41 | | directive from a qualified physician; or |
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| 37 | 42 | | (3) necessary to comply with a health or safety |
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| 38 | 43 | | requirement imposed by law or included in the district's or school's |
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| 39 | 44 | | safety protocols. |
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| 40 | 45 | | SECTION 2. This Act applies beginning with the 2025-2026 |
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| 41 | 46 | | school year. |
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| 42 | 47 | | SECTION 3. This Act takes effect immediately if it receives |
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| 43 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 51 | | Act takes effect September 1, 2025. |
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