HBA-LCA H.B. 3559 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3559
By: Luna, Vilma
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides assault leave for school district employees to recover
from injuries resulting from an assault during their regular performance of
duties.  

The commissioner of education has ruled that an assault by a student on a
school employee must be evaluated according to the definition of "assault"
in Section 22.01, Penal Code (Assault), in order for the employee to
receive assault leave.  This ruling prevents the granting of assault leave,
for example, to an employee who has been assaulted by a student with a
mental disability that renders criminal intent difficult or impossible to
prove.  

H.B. 3559 changes the statute to provide that an injury sustained as a
result of physical contact or threat, rather than assault, entitles an
employee to assault leave. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 22.003(b), Education Code, to entitle an
employee of a school district who, during the performance of regular
duties,  is physically injured as a result of physical contact, or the
threat of physical contact the employee regards as offensive or
provocative, to take assault leave.  Makes conforming changes. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.