SRC-TAG S.B. 1747 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1747
78R6185 MI-FBy: Lucio
Subcommittee on  Higher Education
5/1/2003
As Filed


DIGEST AND PURPOSE 

Currently, faculty members in numerous institutions of higher education
throughout Texas, are hired on nine month contracts.  These contracts
allow faculty members to accrue sick leave time that carries over from
semester to semester, but do not permit faculty members to accrue personal
leave time.   As proposed, S.B. 1747 requires the governing board of each
institution  of higher education to adopt a policy permitting faculty to
use five sick leave days as personal leave days in each academic year, and
prohibits a faculty member from using sick leave days as personal leave
days if at any time during the academic year the total number of sick
leave days falls below 20.   
      
RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 51Z, Education Code, by adding Section 51.9615,
as follows: 

Sec.  51.9615.  MINIMUM PERSONAL LEAVE FOR HIGHER EDUCATION.  (a) Defines
"faculty member" and " institution of higher education." 

(b)  Requires the governing board of each institution of higher education
(IHE) to adopt a  policy permitting faculty members to use five sick leave
days as personal leave days in each academic year.  Authorizes the
governing board, in the policy, to permit faculty members to use more than
five sick leave days as personal leave days in each academic year.
Prohibits a faculty member from using sick leave as personal leave if at
any time during the academic year the total number of sick leave days
available to the faculty member falls below 20. 

(c)  Authorizes a  policy adopted by the governing board of an IHE under
this section to regulate 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. 

(d)  Requires the governing board to develop an appropriate form for the
use of sick leave days as personal leave days. 

(e)  Prohibits a faculty member from carrying forward from one academic
year to the next unused accumulated personal leave granted under this
section.  

(f)  Requires the faculty member and the IHE to make every effort to
provide without additional expense to the institution comparable
instruction for any classes the faculty member may miss while taking
personal leave under this section.  Requires the institution to adopt a
policy for recovering from the faculty member any expense incurred by the
institution as a result of the faculty member's personal leave under this
section. 

(g)  Provides that this section does not apply to an IHE that adopts a
comprehensive leave policy for faculty members and other employees as
permitted by Section 51.961(f), as added by Chapter 118, Acts of the 77th
Legislature, Regular Session, 2001. 

SECTION 2.  Provides that this Act applies beginning with the 2003-2004
academic year. 

SECTION 3.  Effective date: upon passage or September 1, 2003.