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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of radio frequency identification technology to |
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transmit information regarding public school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 25, Education Code, is |
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amended by adding Section 25.902 to read as follows: |
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Sec. 25.902. CERTAIN MANDATORY STUDENT IDENTIFICATION |
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METHODS PROHIBITED. (a) In this section, "radio frequency |
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identification technology" means a wireless identification system |
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that uses a battery or other active power source to broadcast a |
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constant electromagnetic radio frequency signal to transmit data |
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without physical contact between a card, badge, or tag and another |
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device. |
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(b) Except as provided by Subsection (c), a school district |
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may require a student to use an identification device that uses |
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radio frequency identification technology or similar technology to |
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identify the student, transmit information regarding the student, |
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or track the location of the student only if authorized by |
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resolution adopted by the board of trustees of the district. |
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(c) On the timely written request of a student's parent or |
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guardian, a school district shall permit the student to opt out of |
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use of an identification device described by Subsection (b). If a |
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student's parent or guardian requests that the student opt out of |
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the use of the device, the district shall provide an alternative |
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method of identification for the student. |
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(d) A school district may not penalize a student using an |
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alternative method of identification under Subsection (c), |
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including restricting or prohibiting the student from |
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participating in school or district activities. |
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SECTION 2. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |