Texas 2025 - 89th Regular

Texas Senate Bill SB966 Compare Versions

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

Old	New	Differences
1	1	89R8383 AMF-F
2	2	By: Kolkhorst S.B. No. 966
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the use of technology by public school students,
10	10	including a study on the public health effects of digital learning
11	11	and public school policies regarding student possession of personal
12	12	communication devices; increasing a fee.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. (a) The Department of State Health Services, in
15	15	coordination with the Texas Education Agency, shall conduct a study
16	16	regarding the public health effects, including on student mental
17	17	health and performance, of digital learning in public schools,
18	18	including through software applications and other online
19	19	educational tools.
20	20	(b) Not later than September 1, 2026, the Department of
21	21	State Health Services shall submit to each legislative standing
22	22	committee with primary jurisdiction over public education a report
23	23	that includes:
24	24	(1) the results of the study conducted under this
25	25	section; and
26	26	(2) any recommendations for legislative or other
27	27	action related to digital learning.
28	28	(c) This section expires January 1, 2027.
29	29	SECTION 2. Section 37.082, Education Code, is amended to
30	30	read as follows:
31	31	Sec. 37.082. POSSESSION OF PERSONAL COMMUNICATION [PAGING]
32	32	DEVICES. (a) Subject to Subsections (d) and (e), the [The] board
33	33	of trustees of a school district or the governing body of an
34	34	open-enrollment charter school shall [may] adopt a written policy
35	35	prohibiting a student from possessing a personal communication
36	36	[paging] device while on school property during the school day [or
37	37	while attending a school-sponsored or school-related activity on or
38	38	off school property]. The policy may establish disciplinary
39	39	measures to be imposed for violation of the prohibition and may
40	40	provide for confiscation of the [paging] device.
41	41	(b) Except as provided by Subsections (d) and (e), the [The]
42	42	policy shall [may provide for the district to]:
43	43	(1) require a student who brings a personal
44	44	communication device on school property to turn the device off and
45	45	store the device in a designated storage locker for the duration of
46	46	the school day; and
47	47	(2) provide for the confiscation and secure storage of
48	48	a personal communication device of a student who does not comply
49	49	with the requirement of Subdivision (1) while the student is on
50	50	school property during the school day and the return of the device
51	51	to the student at the conclusion of the school day.
52	52	(c) The policy may provide for the district or school to:
53	53	(1) dispose of a confiscated personal communication
54	54	[paging] device in any reasonable manner after having provided the
55	55	student's parent or guardian [and the company whose name and
56	56	address or telephone number appear on the device] 30 days' prior
57	57	notice in writing of the district's or school's [its] intent to
58	58	dispose of that device[. The notice shall include the serial number
59	59	of the device and may be made by telephone, telegraph, or in
60	60	writing]; and
61	61	(2) charge the owner of the device or the student's
62	62	parent or guardian an administrative fee not to exceed $30 [$15]
63	63	before the district or school [it] releases a confiscated personal
64	64	communication [the] device.
65	65	(d) In adopting the policy, the board of trustees or
66	66	governing body must authorize the possession of a personal
67	67	communication device:
68	68	(1) necessary to implement an individualized
69	69	education program, a plan created under Section 504, Rehabilitation
70	70	Act of 1973 (29 U.S.C. Section 794), or a similar program or plan;
71	71	(2) by a student with a documented need based on a
72	72	medical condition of the student or the student's family member;
73	73	(3) by a student who is a member of a volunteer fire
74	74	department or other volunteer emergency response organization;
75	75	(4) by a student who has a documented need for the
76	76	device for language translation services;
77	77	(5) necessary to comply with a requirement imposed by
78	78	law; and
79	79	(6) for any other reason established by commissioner
80	80	rule.
81	81	(e) The commissioner shall adopt rules to implement this
82	82	section. The rules must include a procedure for the board of
83	83	trustees of a school district or the governing body of an
84	84	open-enrollment charter school to request authorization from the
85	85	commissioner to include in the district's or school's policy
86	86	adopted under Subsection (a) an exception to the prohibition
87	87	against possession of a personal communication device in addition
88	88	to those described by Subsection (d).
89	89	(f) [(c)] In this section, "personal communication [paging]
90	90	device" means a telephone, cell phone such as a smartphone or flip
91	91	phone, tablet, smartwatch, radio device, paging device, or any
92	92	other electronic [telecommunications] device capable of
93	93	telecommunication or digital communication [that emits an audible
94	94	signal, vibrates, displays a message, or otherwise summons or
95	95	delivers a communication to the possessor]. The term does not
96	96	include:
97	97	(1) an amateur radio under the control of an operator
98	98	who holds an amateur radio station license issued by the Federal
99	99	Communications Commission; or
100	100	(2) an electronic device provided to a student by a
101	101	school district or open-enrollment charter school.
102	102	SECTION 3. Section 37.082, Education Code, as amended by
103	103	this Act, applies beginning with the 2025-2026 school year.
104	104	SECTION 4. This Act takes effect immediately if it receives
105	105	a vote of two-thirds of all the members elected to each house, as
106	106	provided by Section 39, Article III, Texas Constitution. If this
107	107	Act does not receive the vote necessary for immediate effect, this
108	108	Act takes effect September 1, 2025.