HB1258 - Relating to public school policies regarding student possession of personal communication devices; authorizing a fee.

  89R3512 AMF-D     By: Bell of Montgomery H.B. No. 1258       A BILL TO BE ENTITLED   AN ACT   relating to public school policies regarding student possession of   personal communication devices; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Smart Students Not   Devices Act.          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 Subsection (d), the [ The ] board of   trustees of a school district or the governing body of an   open-enrollment charter school shall [ may ] adopt a 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 Subsection (d), 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 including, as applicable, during lunch, recess,   passing periods, or free periods; 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's parent or guardian at the conclusion of the school   day.           (c)  The policy may provide for the district or school to     [ 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 or guardian  an administrative fee not to exceed $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   directive from the student's physician; or                 (3)     necessary to comply with a requirement imposed by   law.           (e)     A school district or open-enrollment charter school is   not liable for damage to or loss or theft of a personal   communication device confiscated under a policy under this section.           (f)  [ (c) ]  In this section, " personal communication [ paging ]   device" means a telephone, cell phone such as a smartphone or flip   phone, tablet, smartwatch, wearable health tracker, radio device,   set of earbuds or headphones, paging device, handheld video game   console, 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.  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.