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A BILL TO BE ENTITLED
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AN ACT
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relating to personal leave provided for a school district employee |
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who is a victim of certain assaults. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.003(b), Education Code, is amended to |
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read as follows: |
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(b) In addition to all other days of leave provided by this |
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section or by the school district, an employee of a school district |
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who is the victim of an intentional physical assault by a student |
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[physically assaulted] during the performance of the employee's |
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regular duties is entitled to the number of days of leave necessary |
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to recuperate from all physical injuries sustained as a result of |
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the assault. At the request of an employee, the school district |
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must immediately assign an employee to assault leave and, on |
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investigation of the claim, may change the assault leave status and |
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charge the leave against the employee's accrued personal leave or |
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against an employee's pay if insufficient accrued personal leave is |
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available. Days of leave taken under this subsection may not be |
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deducted from accrued personal leave. The period provided by this |
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subsection may not extend more than one year [two years] beyond the |
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date of the assault. Notwithstanding any other law, assault leave |
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policy benefits due to an employee shall be coordinated with |
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temporary income benefits due from workers' compensation so that |
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the employee's total compensation from temporary income benefits |
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and assault leave policy benefits equals 100 percent of the |
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employee's weekly rate of pay. |
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SECTION 2. Section 22.003(b), Education Code, as amended by |
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this Act, applies only to an employee assaulted on or after the |
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effective date of this Act. An employee assaulted before the |
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effective date of this Act is governed by the law in effect on the |
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date of the assault, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |