78R7881 ESH-D

By:  Bailey                                                       H.B. No. 2366



A BILL TO BE ENTITLED

AN ACT

relating to the rights and benefits of noncontract employees in 
school districts having an enrollment of at least 100,000 students.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 22, Education Code, is 
amended by adding Section 22.0031 to read as follows:
	Sec. 22.0031.  ADDITIONAL MINIMUM PERSONAL LEAVE FOR 
NONCONTRACT EMPLOYEES IN DISTRICTS WITH ENROLLMENT OF AT LEAST 
100,000 STUDENTS.  (a)  In addition to the minimum personal leave 
provided by Section 22.003(a), a school district that has an 
enrollment of at least 100,000 students shall provide at least five 
days per year personal leave to each employee who is not employed 
under a written contract.
	(b)  The minimum personal leave under Subsection (a)  may be 
accumulated without limit and is transferable among districts.  A 
school district may provide additional personal leave beyond the 
minimum.
	(c)  The board of trustees of a school district may adopt a 
policy governing an employee's use of personal leave granted under 
Subsection (a), except that the policy may not restrict the 
purposes for which the leave may be used.
	SECTION 2.  Subchapter A, Chapter 22, Education Code, is 
amended by adding Section 22.007 to read as follows:
	Sec. 22.007.  GRIEVANCE PROCEDURE FOR NONCONTRACT EMPLOYEES 
IN SCHOOL DISTRICTS WITH ENROLLMENT OF AT LEAST 100,000 STUDENTS.  
(a)  This section applies only to a school district that has an 
enrollment of at least 100,000 students.
	(b)  A school district employee who is not employed under a 
written contract and who has been employed by the district for one 
or more school years is entitled to:
		(1)  file with the district a grievance relating to a 
decision affecting the person's employment; and
		(2)  a hearing on a grievance filed with the district.                 
	(c)  A hearing under this section must be held before a 
person specified by the board of trustees of the school district.
	(d)  The board of trustees of the school district shall adopt 
procedures by which an employee may file a grievance and obtain a 
hearing under this section.
	SECTION 3.   This Act applies beginning with the 2003-2004 
school year.      
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.