By: Lucio S.B. No. 426
 
  (González of El Paso, Wu)
 
  Substitute the following for S.B. No. 426:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of public school counselors' work time.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.006, Education Code, is amended by
  adding Subsections (d) and (e) to read as follows:
         (d)  The board of trustees of each school district shall
  adopt a policy that specifies a percentage of a school counselor's
  total work time that the school counselor is required to spend on
  duties that are components of a counseling program developed under
  Section 33.005. For purposes of this subsection, time spent in
  administering assessment instruments or providing other assistance
  in connection with assessment instruments, except time spent in
  interpreting data from assessment instruments, is not considered
  time spent on counseling. Each school in the district shall
  implement the policy. A copy of the policy shall be maintained in
  the office of each school in the district and made available on
  request during regular school hours to district employees, parents
  of district students, and the public.
         (e)  A school district may not include a provision in an
  employment contract with a school counselor under Chapter 21 that
  conflicts with the policy required by Subsection (d) or has the
  effect of authorizing a school principal or school district
  superintendent to require a school counselor to generally perform
  duties that are not primarily related to a counseling function.
         SECTION 2.  (a)  Each school district shall implement a
  policy adopted under Section 33.006(d), Education Code, as added by
  this Act, beginning with the 2019-2020 school year.
         (b)  Section 33.006(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 date the contract was
  executed, and the former law is continued in effect for that
  purpose.
         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.