HBA-EDN C.S.H.B. 2268 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2268
By: Bailey
Higher Education
4/27/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law provides a personal leave day program for public school
employees.  There is no such program for faculty at institutions of higher
education.  Permitting faculty members at institutions of higher education
to use some of their sick days as personal leave days may help increase
faculty retention rates. C.S.H.B. 2268 requires the governing board of each
institution of higher education to adopt a policy permitting faculty
members to use a certain number of sick leave days as personal leave days
in each academic year.   

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. 

ANALYSIS

C.S.H.B. 2268 amends the Education Code to require the governing board of
each institution of higher education (governing board) to adopt a policy
permitting faculty members to use five sick leave days as personal leave
days in each academic year, and to authorize the governing board to permit
faculty members to use more than five sick leave days as personal leave
days in each academic year.  The bill prohibits a faculty member from using
sick leave as personal leave until the faculty member has accumulated a
number of sick leave days equal to or greater than the number of personal
leave days requested.  The bill authorizes the governing board to adopt a
policy regulating a faculty member's use of sick leave as personal leave if
the policy does not restrict the purposes for which the personal leave may
be used.  The bill requires the governing board to develop an appropriate
form for the use of sick leave days as personal leave days .  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 
The Act applies beginning with the 2001-2002 academic year.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2268 modifies the original by requiring the governing board of an
institution of higher education (governing board) to adopt a policy
permitting faculty members to use sick leave days as personal leave days,
rather than requiring each institution to adopt a minimum personal leave
program.  The substitute removes the prohibition against a faculty member
carrying forward unused personal leave.