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.