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A BILL TO BE ENTITLED
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AN ACT
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relating to leave for junior college district or university system |
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employees who are physically assaulted while on duty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.9612 to read as follows: |
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Sec. 51.9612. ASSAULT LEAVE FOR EMPLOYEES OF JUNIOR COLLEGE |
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DISTRICT OR UNIVERSITY SYSTEM. (a) The definitions provided by |
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Section 61.003 apply to this section. |
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(b) Except as provided by Subsection (f), an employee of a |
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junior college district or university system, including an employee |
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of a component institution of a university system, but not |
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including an employee of a medical and dental unit, who is |
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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 paid leave |
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necessary for the employee to recuperate from any physical injury |
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that results from the assault. Notwithstanding any other law, |
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during the period the employee is assigned to assault leave, the |
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employee is entitled to be paid at a rate equal to the employee's |
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regular rate of pay, except that the amount of pay must be reduced |
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by the amount of any workers' compensation insurance benefits to |
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which the employee is entitled to compensate the employee for |
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employee pay lost as a result of the assault. |
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(c) On the employee's submission of a claim for assault |
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leave, the junior college district or university system, as |
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applicable, shall immediately assign the employee to assault leave. |
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After an investigation of the employee's claim and any |
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determination that the employee was not entitled to all or part of |
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the assault leave taken, the district or system may change the |
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employee's assault leave status and charge the assault leave to |
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which the employee was not entitled against: |
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(1) any of the employee's accrued leave; or |
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(2) the employee's pay if the employee does not have |
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sufficient accrued leave. |
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(d) For purposes of this section, an employee is physically |
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assaulted if the conduct causing injury to the employee contains |
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the elements of an assaultive offense under Section 22.01, 22.011, |
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22.02, or 22.021, Penal Code. |
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(e) Leave provided under this section is in addition to any |
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other leave provided to an employee under a policy adopted under |
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Section 51.961 or otherwise provided to an employee. Leave taken |
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under this section to which an employee is entitled may not be |
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deducted from any accrued leave. |
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(f) The leave period provided by this section may not extend |
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beyond the earlier of: |
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(1) the date the employee's employment with the junior |
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college district or university system is suspended or ends; or |
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(2) the second anniversary of the date of the assault. |
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SECTION 2. Section 51.9612, Education Code, as added by |
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this Act, applies only to leave based on conduct that occurs on or |
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after the effective date of this Act. Leave based on conduct that |
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occurs before the effective date of this Act is governed by the law |
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in effect on the date the conduct occurred, and that law is |
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continued in effect for 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, 2013. |