82S10158 CAE-F
By: Weber H.B. No. 49
A BILL TO BE ENTITLED
AN ACT
relating to personal leave provided for a school district employee
who is a victim of certain assaults.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.003(b), Education Code, is amended to
read as follows:
(b) In addition to all other days of leave provided by this
section or by the school district, an employee of a school district
who is the victim of an intentional physical assault by a student
[physically assaulted] during the performance of the employee's
regular duties is entitled to the number of days of leave necessary
to recuperate from all physical injuries sustained as a result of
the assault. At the request of an employee, the school district
must immediately assign an employee to assault leave and, on
investigation of the claim, may change the assault leave status and
charge the leave against the employee's accrued personal leave or
against an employee's pay if insufficient accrued personal leave is
available. Days of leave taken under this subsection may not be
deducted from accrued personal leave. The period provided by this
subsection may not extend more than one year [two years] beyond the
date of the assault. Notwithstanding any other law, assault leave
policy benefits due to an employee shall be coordinated with
temporary income benefits due from workers' compensation so that
the employee's total compensation from temporary income benefits
and assault leave policy benefits equals 100 percent of the
employee's weekly rate of pay.
SECTION 2. Section 22.003(b), Education Code, as amended by
this Act, applies only to an employee assaulted on or after the
effective date of this Act. An employee assaulted before the
effective date of this Act is governed by the law in effect on the
date of the assault, 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 on the 91st day after the last day of the
legislative session.