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


Senate Research CenterC.S.H.B. 1188
77R15159 KKA-FBy: Telford (Van de Putte)
Education
5/8/2001
Committee Report (Substituted)


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.  C.S.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 set forth the
conditions for an employee of a school district to be considered physically
assaulted. 

SECTION 2.  Provides that this Act applies beginning with the 2001-2002
school year. 

SECTION 3.  Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Amends Engrossed H.B. 1188 as follows:

SECTION 1.  Maintains existing text of Section 22.003(b), Education Code,
that was proposed to be amended. 

Removes SECTION 2 relating to the prospective application of changes made
by this Act. 

Redesignates SECTIONS 3 and 4 as SECTIONS 2 and 3.