By: Fairly, et al. H.B. No. 1481         (Senate Sponsor - Creighton, et al.)          (In the Senate - Received from the House April 24, 2025;   May 6, 2025, read first time and referred to Committee on Education   K-16; May 22, 2025, reported favorably by the following vote:  Yeas   10, Nays 0; May 22, 2025, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   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.     * * * * *