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78R6185 MI-F

By:  Bailey                                                       H.B. No. 2641



A BILL TO BE ENTITLED

AN ACT

relating to minimum personal leave for faculty members at public 
institutions of higher education.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter Z, Chapter 51, Education Code, is 
amended by adding Section 51.9615 to read as follows:
	Sec. 51.9615.  MINIMUM PERSONAL LEAVE FOR HIGHER EDUCATION 
FACULTY.  (a)  In this section:
		(1)  "Faculty member" has the meaning assigned by 
Section 51.101.    
		(2)  "Institution of higher education" has the meaning 
assigned by Section 61.003.
	(b)  The governing board of each institution of higher 
education shall adopt a policy permitting faculty members to use 
five sick leave days as personal leave days in each academic year.  
In the policy, the governing board may permit faculty members to use 
more than five sick leave days as personal leave days in each 
academic year.  A faculty member may not use 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)  A policy adopted by the governing board of an 
institution of higher education under this section may 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)  The governing board shall develop an appropriate form 
for the use of sick leave days as personal leave days.
	(e)  A faculty member may not carry forward from one academic 
year to the next unused accumulated personal leave granted under 
this section.
	(f)  The faculty member and the institution of higher 
education shall make every reasonable 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.  The institution shall 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)  This section does not apply to an institution of higher 
education 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.  This Act applies beginning with the 2003-2004 
academic year.     
	SECTION 3.   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.