89R3989 TSS-D
By: Darby H.B. No. 3190
A BILL TO BE ENTITLED
AN ACT
relating to school personnel and public school operations,
including the eligibility of certain employees for unemployment
compensation benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12A.004(a), Education Code, is amended
to read as follows:
(a) A local innovation plan may not provide for the
exemption of a district designated as a district of innovation from
the following provisions of this title:
(1) a state or federal requirement applicable to an
open-enrollment charter school operating under Subchapter D,
Chapter 12;
(2) Subchapters A, C, D, and E, Chapter 11, except that
a district may be exempt from Sections 11.1511(b)(5) and (14) and
Section 11.162;
(3) requirements related to class size limits under
Section 25.112 and notice regarding class size under Section
25.113;
(4) state curriculum and graduation requirements
adopted under Chapter 28; and
(5) [(4)] academic and financial accountability and
sanctions under Chapters 39 and 39A.
SECTION 2. Section 21.401, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) A contract between a school district and a classroom
teacher may not require the teacher to work more than 510 minutes
during each day of service.
SECTION 3. Section 25.113, Education Code, is amended to
read as follows:
Sec. 25.113. NOTICE OF CLASS SIZE. (a) Not later than the
31st day after the first day of the school year, a school district
shall post on the district's Internet website the class size of each
elementary school class in the district, organized by grade level.
(a-1) A campus or district that is granted an exception
under Section 25.112(d) from class size limits shall provide
written notice of the exception to the parent of or person standing
in parental relation to each student affected by the
exception. The notice must be in conspicuous bold or underlined
print and:
(1) specify the class for which an exception from the
limit imposed by Section 25.112(a) was granted;
(2) state the number of children in the class for which
the exception was granted; and
(3) be included in a regular mailing or other
communication from the campus or district, such as information sent
home with students.
(b) The notice required by Subsection (a-1) [(a)] must be
provided not later than the 31st day after:
(1) the first day of the school year; or
(2) the date the exception is granted, if the
exception is granted after the beginning of the school year.
SECTION 4. Section 37.113, Education Code, is amended to
read as follows:
Sec. 37.113. NOTIFICATION REGARDING BOMB THREAT OR
TERRORISTIC THREAT. A school district that receives a bomb threat
or terroristic threat relating to a campus or other district
facility at which students are present shall provide notification
of the threat as soon as possible to:
(1) the parent or guardian of or other person standing
in parental relation to each student who is assigned to the campus
or who regularly uses the facility, as applicable; and
(2) each teacher who is employed at the campus or whose
duties require regular visitation to the facility, as applicable.
SECTION 5. Subchapter A, Chapter 38, Education Code, is
amended by adding Sections 38.0085 and 38.045 to read as follows:
Sec. 38.0085. POSTING OF NURSE AVAILABILITY. Each school
district and open-enrollment charter school shall post on the
district's or school's Internet website the days and hours during
which a nurse is present and available to students at each campus in
the district.
Sec. 38.045. CUSTODIAN WORKLOAD POLICY. (a) The board of
trustees of each school district shall adopt a policy regarding
custodian workload for district facilities. The policy must
establish benchmarks for the amount of square feet that may be
assigned to a properly equipped school custodian for maintenance
and custodial services during an eight-hour shift.
(b) The board must provide benchmarks under Subsection (a)
categorized by elementary, middle, and high school campuses, and
other district facilities.
(c) The school district shall post the policy adopted under
this section on the school district's Internet website.
SECTION 6. Section 207.041, Labor Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Subsection (b) does not apply to an individual if the
services performed by the individual for an educational institution
consist only of driving a school bus transporting students to and
from school or a school-sponsored or school-related activity.
SECTION 7. Section 12A.004(a), Education Code, as amended
by this Act, applies to each local innovation plan adopted under
Chapter 12A, Education Code, regardless of whether the plan was
adopted before, on, or after the effective date of this Act. A
local innovation plan adopted or renewed before the effective date
of this Act must comply with Section 12A.004(a), Education Code, as
amended by this Act, not later than September 1, 2025.
SECTION 8. Section 21.401(e), Education Code, as added by
this Act, applies only to a contract executed on or after the
effective date of this Act. A contract executed before the
effective date of this Act is governed by the law in effect on the
day the contract was executed, and the former law is continued in
effect for that purpose.
SECTION 9. Section 207.041(b-1), Labor Code, as added by
this Act, applies only to a claim for unemployment compensation
benefits filed with the Texas Workforce Commission on or after the
effective date of this Act. A claim filed before the effective date
of this Act is governed by the law in effect on the date the claim
was filed, and the former law is continued in effect for that
purpose.
SECTION 10. The amendments by this Act to the Education Code
apply beginning with the 2025-2026 school year.
SECTION 11. 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.