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.