HB3190 - Relating to school personnel and public school operations, including the eligibility of certain employees for unemployment compensation benefits.

  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.