82R14090 T
 
  By: Patrick S.B. No. 1544
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a determination on granting assault leave to a
  certified educator where there has been a juvenile or criminal
  conviction.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.003(c), Education Cade, is amended to
  read as follows:
         Sec. 22.003.  (c) For purposes of Subsection (b), an
  employee of a school district [is] shall be deemed to have been
  physically assaulted and shall be granted assault leave by the
  district as of the date of the assault regardless of any intervening
  determination by the district if the person engaging in the conduct
  causing injury to the employee:
               (1)  has been found guilty of the crime of assault based
  on the same conduct causing injury to the employee by either a
  juvenile or criminal court of law;
               (2) [(1)]  could be prosecuted for assault; or
               (3) [(2)]  could not be prosecuted for assault only
  because the person's age or mental capacity makes the person a
  nonresponsible person for purposes of criminal liability.
         SECTION 2.  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, 2011.