By: Zaffirini S.B. No. 65
(In the Senate - Filed November 10, 2008; February 10, 2009,
read first time and referred to Committee on Higher Education;
March 9, 2009, reported favorably by the following vote: Yeas 5,
Nays 0; March 9, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to leave for junior college district or university system
employees who are physically assaulted while on duty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9611 to read as follows:
Sec. 51.9611. ASSAULT LEAVE FOR EMPLOYEES OF JUNIOR COLLEGE
DISTRICT OR UNIVERSITY SYSTEM. (a) The definitions provided by
Section 61.003 apply to this section.
(b) Except as provided by Subsection (f), an employee of a
junior college district or university system, including an employee
of a component institution of a university system but not including
an employee of a medical and dental unit, who is physically
assaulted during the performance of the employee's regular duties
is entitled to the number of days of paid leave necessary for the
employee to recuperate from any physical injury that results from
the assault. Notwithstanding any other law, during the period the
employee is assigned to assault leave, the employee is entitled to
be paid at a rate equal to the employee's regular rate of pay,
except that the amount of pay must be reduced by the amount of any
workers' compensation insurance benefits to which the employee is
entitled.
(c) On the employee's submission of a claim for assault
leave, the junior college district or university system, as
applicable, shall immediately assign the employee to assault leave.
After an investigation of the employee's claim and any
determination that the employee was not entitled to all or part of
the assault leave taken, the district or system may change the
employee's assault leave status and charge the assault leave to
which the employee was not entitled against:
(1) any of the employee's accrued leave; or
(2) the employee's pay if the employee does not have
sufficient accrued leave.
(d) For purposes of this section, an employee is physically
assaulted if the conduct causing injury to the employee contains
the elements of an assaultive offense under Section 22.01, 22.011,
22.02, or 22.021, Penal Code.
(e) Leave provided under this section is in addition to any
other leave provided to an employee under a policy adopted under
Section 51.961 or otherwise provided to an employee. Leave taken
under this section to which an employee is entitled may not be
deducted from any accrued leave.
(f) The leave period provided by this section may not extend
beyond the earlier of:
(1) the date the employee's employment with the junior
college district or university system is suspended or ends; or
(2) the second anniversary of the date of the assault.
SECTION 2. Section 51.9611, Education Code, as added by
this Act, applies only to leave based on conduct that occurs on or
after the effective date of this Act. Leave based on conduct that
occurs before the effective date of this Act is governed by the law
in effect on the date the conduct occurred, and that 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, 2009.
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