Relating to school district and open-enrollment charter school policies regarding student use of personal communication devices, the official text

H.B. No. 1481

AN ACT

relating to school district and open-enrollment charter school

policies regarding student use of personal communication devices.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 37.082, Education Code, is amended to

read as follows:

Sec. 37.082. STUDENT USE [POSSESSION] OF PERSONAL

COMMUNICATION [PAGING] DEVICES. (a) Notwithstanding any other law

and subject to Subsection (c), the [The] board of trustees of a

school district or the governing body of an open-enrollment charter

school shall [may] adopt, implement, and ensure the district or

school complies with a written policy prohibiting a student from

using [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 must [may] establish disciplinary measures

to be imposed for violation of the prohibition and may provide for

confiscation of the personal communication [paging] device.

(b) The policy may provide for the school district or

open-enrollment charter school to:

(1) comply with this section by:

(A) prohibiting a student from bringing a

personal communication device on school property; or

(B) designating a method for the storage of a

student's personal communication device while the student is on

school property during the school day; and

(2) dispose of a confiscated personal communication

[paging] device in any reasonable manner after having provided the

student's parent 90 [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 an administrative fee not to exceed $15 before it releases

the device.]

(c) In adopting the policy, the board of trustees of a

school district or governing body of an open-enrollment charter

school must authorize the use 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 a qualified physician; or

(3) necessary to comply with a health or safety

requirement imposed by law or as part of the district's or school's

safety protocols.

(d) 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 an electronic device provided to a student by a school

district or open-enrollment charter school [an amateur radio under

the control of an operator who holds an amateur radio station

license issued by the Federal Communications Commission].

(e) The agency shall develop and publish on the agency's

Internet website model language for the policy required under this

section.

(f) This section does not apply to an adult education

program operated under a charter granted under Subchapter G,

Chapter 12.

SECTION 2. As soon as practicable, but not later than the

90th day after the effective date of this Act, the board of trustees

of a school district or the governing body of an open-enrollment

charter school shall adopt the policy required by Section 37.082,

Education Code, as amended by this Act.

SECTION 3. 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.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 1481 was passed by the House on April

24, 2025, by the following vote: Yeas 128, Nays 17, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 1481 was passed by the Senate on May

25, 2025, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor