By Luna H.B. No. 3559
76R7102 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to leave for school district employees who have been
1-3 physically injured under certain circumstances.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.003(b), Education Code, is amended to
1-6 read as follows:
1-7 (b) In addition to all other days of leave provided by this
1-8 section or by the school district, an employee of a school district
1-9 who, [is physically assaulted] during the performance of the
1-10 employee's regular duties, is physically injured as a result of
1-11 physical contact or the threat of physical contact the employee
1-12 regards as offensive or provocative is entitled to the number of
1-13 days of leave necessary to recuperate from all physical injuries
1-14 sustained as a result of the physical contact or threat [assault].
1-15 At the request of an employee, the school district must immediately
1-16 assign an employee to assault leave and, on investigation of the
1-17 claim, may change the assault leave status and charge the leave
1-18 against the employee's accrued personal leave or against an
1-19 employee's pay if insufficient accrued personal leave is available.
1-20 Days of leave taken under this subsection may not be deducted from
1-21 accrued personal leave. The period provided by this subsection may
1-22 not extend more than two years beyond the date of the physical
1-23 contact or threat [assault]. Notwithstanding any other law,
1-24 assault leave policy benefits due to an employee shall be
2-1 coordinated with temporary income benefits due from workers'
2-2 compensation so that the employee's total compensation from
2-3 temporary income benefits and assault leave policy benefits equals
2-4 100 percent of the employee's weekly rate of pay.
2-5 SECTION 2. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended,
2-10 and that this Act take effect and be in force from and after its
2-11 passage, and it is so enacted.