| 1 | 1 | | 86R14322 TSS-D |
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| 2 | 2 | | By: Beckley H.B. No. 4093 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring a duty-free lunch period for certain public |
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| 8 | 8 | | school personnel. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 21.405(a) and (c), Education Code, are |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Except as provided by Subsection (c), each classroom |
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| 13 | 13 | | teacher, [or] full-time librarian, full-time school counselor |
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| 14 | 14 | | certified under Subchapter B, or full-time school nurse is entitled |
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| 15 | 15 | | to at least a 30-minute lunch period free from all duties and |
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| 16 | 16 | | responsibilities connected with the instruction and supervision of |
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| 17 | 17 | | students. Each school district may set flexible or rotating |
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| 18 | 18 | | schedules for each classroom teacher, [or] full-time librarian, |
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| 19 | 19 | | full-time school counselor, or full-time school nurse in the |
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| 20 | 20 | | district for the implementation of the duty-free lunch period. |
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| 21 | 21 | | (c) If necessary because of a personnel shortage, extreme |
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| 22 | 22 | | economic conditions, or an unavoidable or unforeseen circumstance, |
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| 23 | 23 | | a school district may require a classroom teacher, [or] librarian, |
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| 24 | 24 | | school counselor, or school nurse entitled to a duty-free lunch to |
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| 25 | 25 | | supervise students during lunch. A classroom teacher, [or] |
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| 26 | 26 | | librarian, school counselor, or school nurse may not be required to |
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| 27 | 27 | | supervise students under this subsection more than one day in any |
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| 28 | 28 | | school week. The commissioner by rule shall prescribe guidelines |
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| 29 | 29 | | for determining what constitutes a personnel shortage, extreme |
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| 30 | 30 | | economic conditions, or an unavoidable or unforeseen circumstance |
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| 31 | 31 | | for purposes of this subsection. |
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| 32 | 32 | | SECTION 2. This Act applies beginning with the 2019-2020 |
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| 33 | 33 | | school year. |
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| 34 | 34 | | SECTION 3. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2019. |
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