Texas 2019 - 86th Regular

Texas House Bill HB4093 Latest Draft

Bill / Introduced Version Filed 03/07/2019

                            86R14322 TSS-D
 By: Beckley H.B. No. 4093


 A BILL TO BE ENTITLED
 AN ACT
 relating to requiring a duty-free lunch period for certain public
 school personnel.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 21.405(a) and (c), Education Code, are
 amended to read as follows:
 (a)  Except as provided by Subsection (c), each classroom
 teacher, [or] full-time librarian, full-time school counselor
 certified under Subchapter B, or full-time school nurse is entitled
 to at least a 30-minute lunch period free from all duties and
 responsibilities connected with the instruction and supervision of
 students.  Each school district may set flexible or rotating
 schedules for each classroom teacher, [or] full-time librarian,
 full-time school counselor, or full-time school nurse in the
 district for the implementation of the duty-free lunch period.
 (c)  If necessary because of a personnel shortage, extreme
 economic conditions, or an unavoidable or unforeseen circumstance,
 a school district may require a classroom teacher, [or] librarian,
 school counselor, or school nurse entitled to a duty-free lunch to
 supervise students during lunch.  A classroom teacher, [or]
 librarian, school counselor, or school nurse may not be required to
 supervise students under this subsection more than one day in any
 school week.  The commissioner by rule shall prescribe guidelines
 for determining what constitutes a personnel shortage, extreme
 economic conditions, or an unavoidable or unforeseen circumstance
 for purposes of this subsection.
 SECTION 2.  This Act applies beginning with the 2019-2020
 school year.
 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, 2019.