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.