SRC-CTC H.B. 1188 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1188
By: Telford (Van de Putte)
Education
5/3/2001
Engrossed


DIGEST AND PURPOSE 

Current law provides assault leave for school district employees to recover
from injuries resulting from an assault during the performance of their
regular duties.  In 1998 the commissioner of education ruled that a student
with a mental disability could not knowingly or intentionally commit
assault under the statutory standard for assault.  The effect of this
ruling is that a teacher attacked by a student with a mental disability is
not entitled to assault leave.  H.B. 1188 provides that a person may not be
denied assault leave solely because of the age or disability of the
perpetrator.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 22.003, Education Code, to provide an exception
to this section. Authorizes an employee who does not take the two full
years of assault leave, before the fifth anniversary of the date of the
assault, to take the portion of that period not previously taken, not to
exceed one year, if two physicians certify that additional recovery time is
medically necessary due to a complication or another injury resulting from
the assault.  Sets forth the conditions for an employee of a school
district to be considered physically assaulted. 

SECTION 2.  Makes application of Section 22.003(b), Education Code, as
amended by this Act, prospective. 

SECTION 3.  Provides that this Act applies beginning with the 2001-2002
school year. 

SECTION 4.  Effective date: upon passage or September 1, 2001.