78R3571 KKA-F

By:  Dutton                                                       H.B. No. 539



A BILL TO BE ENTITLED

AN ACT

relating to duty-free lunch periods for school nurses.                        
	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, full-time school nurse, or full-time librarian 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, full-time school nurse, or 
full-time librarian 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, nurse, or 
librarian entitled to a duty-free lunch to supervise students 
during lunch.  A classroom teacher, nurse, or librarian 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 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, 2003.