By Hochberg H.B. No. 1798 77R3987 ESH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the rights and benefits of non-contract employees in 1-3 school districts having an enrollment of at least 100,000 students. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 22, Education Code, is 1-6 amended by adding Section 22.0031 to read as follows: 1-7 Sec. 22.0031. ADDITIONAL MINIMUM PERSONAL LEAVE FOR 1-8 NON-CONTRACT EMPLOYEES IN DISTRICTS WITH ENROLLMENT OF AT LEAST 1-9 100,000 STUDENTS. (a) In addition to the minimum personal leave 1-10 provided by Section 22.003(a), a school district that has an 1-11 enrollment of at least 100,000 students shall provide at least five 1-12 days per year personal leave to each employee who is not employed 1-13 under a written contract. 1-14 (b) The minimum personal leave under Subsection (a) may be 1-15 accumulated without limit and is transferable among districts. A 1-16 school district may provide additional personal leave beyond the 1-17 minimum. 1-18 (c) The board of trustees of a school district may adopt a 1-19 policy governing an employee's use of personal leave granted under 1-20 Subsection (a), except that the policy may not restrict the 1-21 purposes for which the leave may be used. 1-22 SECTION 2. Subchapter A, Chapter 22, Education Code, is 1-23 amended by adding Section 22.007 to read as follows: 1-24 Sec. 22.007. GRIEVANCE PROCEDURE FOR NON-CONTRACT EMPLOYEES 2-1 IN SCHOOL DISTRICTS WITH ENROLLMENT OF AT LEAST 100,000 STUDENTS. 2-2 (a) This section applies only to a school district that has an 2-3 enrollment of at least 100,000 students. 2-4 (b) A school district employee who is not employed under a 2-5 written contract and who has been employed by the district for five 2-6 or more consecutive school years is entitled to: 2-7 (1) file with the district a grievance relating to a 2-8 decision affecting the person's employment; and 2-9 (2) a hearing on a grievance filed with the district. 2-10 (c) A hearing under this section must be held before a 2-11 person specified by the board of trustees of the school district. 2-12 (d) The board of trustees of the school district shall adopt 2-13 procedures by which an employee may file a grievance and obtain a 2-14 hearing under this section. 2-15 SECTION 3. This Act applies beginning with the 2001-2002 2-16 school year. 2-17 SECTION 4. This Act takes effect immediately if it receives 2-18 a vote of two-thirds of all the members elected to each house, as 2-19 provided by Section 39, Article III, Texas Constitution. If this 2-20 Act does not receive the vote necessary for immediate effect, this 2-21 Act takes effect September 1, 2001.