89R8383 AMF-F
By: Kolkhorst S.B. No. 966
A BILL TO BE ENTITLED
AN ACT
relating to the use of technology by public school students,
including a study on the public health effects of digital learning
and public school policies regarding student possession of personal
communication devices; increasing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The Department of State Health Services, in
coordination with the Texas Education Agency, shall conduct a study
regarding the public health effects, including on student mental
health and performance, of digital learning in public schools,
including through software applications and other online
educational tools.
(b) Not later than September 1, 2026, the Department of
State Health Services shall submit to each legislative standing
committee with primary jurisdiction over public education a report
that includes:
(1) the results of the study conducted under this
section; and
(2) any recommendations for legislative or other
action related to digital learning.
(c) This section expires January 1, 2027.
SECTION 2. Section 37.082, Education Code, is amended to
read as follows:
Sec. 37.082. POSSESSION OF PERSONAL COMMUNICATION [PAGING]
DEVICES. (a) Subject to Subsections (d) and (e), the [The] board
of trustees of a school district or 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 may establish disciplinary
measures to be imposed for violation of the prohibition and may
provide for confiscation of the [paging] device.
(b) Except as provided by Subsections (d) and (e), the [The]
policy shall [may provide for the district to]:
(1) require a student who brings a personal
communication device on school property to turn the device off and
store the device in a designated storage locker for the duration of
the school day; and
(2) provide for the confiscation and secure storage of
a personal communication device of a student who does not comply
with the requirement of Subdivision (1) while the student is on
school property during the school day and the return of the device
to the student at the conclusion of the school day.
(c) The policy may provide for the district or school to:
(1) dispose of a confiscated personal communication
[paging] device in any reasonable manner after having provided the
student's parent or guardian [and the company whose name and
address or telephone number appear on the device] 30 days' prior
notice in writing of the district's or school's [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 or guardian an administrative fee not to exceed $30 [$15]
before the district or school [it] releases a confiscated personal
communication [the] device.
(d) In adopting the policy, the board of trustees or
governing body must authorize the possession of a personal
communication device:
(1) 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;
(2) by a student with a documented need based on a
medical condition of the student or the student's family member;
(3) by a student who is a member of a volunteer fire
department or other volunteer emergency response organization;
(4) by a student who has a documented need for the
device for language translation services;
(5) necessary to comply with a requirement imposed by
law; and
(6) for any other reason established by commissioner
rule.
(e) The commissioner shall adopt rules to implement this
section. The rules must include a procedure for the board of
trustees of a school district or the governing body of an
open-enrollment charter school to request authorization from the
commissioner to include in the district's or school's policy
adopted under Subsection (a) an exception to the prohibition
against possession of a personal communication device in addition
to those described by Subsection (d).
(f) [(c)] In this section, "personal communication [paging]
device" means a telephone, cell phone such as a smartphone or flip
phone, tablet, 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 3. Section 37.082, Education Code, as amended by
this Act, applies beginning with the 2025-2026 school year.
SECTION 4. 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.