By Tillery                                            H.B. No. 2126
         77R4013 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the computation of the average weekly wage of a school
 1-3     district employee.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter A, Chapter 504, Labor Code, is amended
 1-6     by adding Section 504.0025 to read as follows:
 1-7           Sec. 504.0025.  AVERAGE WEEKLY WAGE; SCHOOL DISTRICT
 1-8     EMPLOYEE. (a)  Notwithstanding Section 504.002(6), Subchapter C,
 1-9     Chapter 408, does not apply to the computation of the average
1-10     weekly wage of a school district employee.
1-11           (b)  The average weekly wage of a school district employee is
1-12     computed on the basis of wages earned in a week rather than on the
1-13     basis of wages paid in a week.  The wages earned in any given week
1-14     are equal to the amount that would be deducted from an employee's
1-15     salary if the employee were absent from work for one week and the
1-16     employee did not have personal leave available to compensate the
1-17     employee for lost wages.
1-18           SECTION 2. This Act takes effect September 1, 2001, and
1-19     applies only to a claim for workers' compensation benefits based on
1-20     a compensable injury that occurs on or after that date. A claim
1-21     based on a compensable injury that occurs before the effective date
1-22     of this Act is governed by the law in effect on the date that the
1-23     compensable injury occurred, and the former law is continued in
1-24     effect for that purpose.