By Telford H.B. No. 1188
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the rights of a public school teacher who is assaulted
1-3 during the performance of the teacher's regular duties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.003, Education Code, is amended by
1-6 amending Subsection (b) and adding Subsection (c) to read as
1-7 follows:
1-8 (b) In addition to all other days of leave provided by this
1-9 section or by the school district, an employee of a school district
1-10 who is physically assaulted during the performance of the
1-11 employee's regular duties is entitled to the number of days of
1-12 leave necessary to recuperate from all physical injuries sustained
1-13 as a result of the assault. At the request of an employee, the
1-14 school district must immediately assign an employee to assault
1-15 leave and, on investigation of the claim, may change the assault
1-16 leave status and charge the leave against the employee's accrued
1-17 personal leave or against an employee's pay if insufficient accrued
1-18 personal leave is available. Days of leave taken under this
1-19 subsection may not be deducted from accrued personal leave. Except
1-20 as otherwise provided by this subsection, the [The] period provided
1-21 by this subsection may not extend more than two years beyond the
1-22 date of the assault. An employee who does not take the two full
1-23 years of assault leave may, before the fifth anniversary of the
1-24 date of the assault, take the portion of that period not previously
2-1 taken, not to exceed one year, if two physicians certify that
2-2 additional recovery time is medically necessary due to a
2-3 complication or another injury resulting from the assault.
2-4 Notwithstanding any other law, assault leave policy benefits due to
2-5 an employee shall be coordinated with temporary income benefits due
2-6 from workers' compensation so that the employee's total
2-7 compensation from temporary income benefits and assault leave
2-8 policy benefits equals 100 percent of the employee's weekly rate of
2-9 pay.
2-10 (c) For purposes of Subsection (b), an employee of a school
2-11 district is physically assaulted if the person engaging in the
2-12 conduct causing injury to the employee:
2-13 (1) could be prosecuted for assault; or
2-14 (2) could not be prosecuted for assault only because
2-15 the person's age or mental capacity makes the person a
2-16 nonresponsible person for purposes of criminal liability.
2-17 SECTION 2. The change in law made by Section 22.003(b),
2-18 Education Code, as amended by this Act, applies only to a public
2-19 school employee assaulted during the 2001-2002 school year or
2-20 later. An assault of an employee before the 2001-2002 school year
2-21 is governed by the law in effect at the time the assault occurs,
2-22 and that law is continued in effect for that purpose.
2-23 SECTION 3. This Act applies beginning with the 2001-2002
2-24 school year.
2-25 SECTION 4. This Act takes effect immediately if it receives
2-26 a vote of two-thirds of all the members elected to each house, as
2-27 provided by Section 39, Article III, Texas Constitution. If this
3-1 Act does not receive the vote necessary for immediate effect, this
3-2 Act takes effect September 1, 2001.