80R1144 KKA-F
 
  By: Dutton H.B. No. 787
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to duty-free lunch periods for public 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, 2007.